Education Law §6809

This law was enacted to ensure patients could smoothly transition their prescriptions when a pharmacy closes and to avoid the chaos which occurred when Rite Aid closed all their remaining pharmacies. Rite Aid closed all it's remaining pharmacies in 2025 and Walgreen's is scheduled to close 1200 pharmacies between 2025 and 2027.

Under new regulations in New York State Education Law §6811-d, every registered pharmacy must provide public notice at least thirty days prior to permanently discontinuing pharmacy operations. Pharmacies must notify patients who filled a prescription within the past year via their primary contact method. Pharmacies must also post a conspicuous notice. The notice must include the closing date, instructions for transferring prescriptions, the contact of at least five local pharmacies (including independently owned) and information regarding the disposition of pharmacy records after discontinuance.

Retail Price List (NYSED Web Page)

Education Law, §6826 Drug retail price lists.

Regulations of the Commissioner, §63.6 Registration and Operation of New York establishments. (b)(9)

Pharmacies must remain open to inspection and honest in their licensing practices. Violations in this area include refusing entry to board or department representatives, failing to surrender or properly display pharmacist licenses, and displaying licenses of individuals not employed at the pharmacy. Pharmacists must also steer clear of secretive or misleading practices. Misdemeanors in this category include entering into agreements with prescribers to dispense coded or secret formula prescriptions and using pharmacy-related terms like “drug store” or “apothecary” in business names or advertisements without proper licensure. Safety and truth in advertising are paramount. Violations include selling or holding adulterated or misbranded drugs, devices, or cosmetics, disseminating false advertisements related to pharmacy services and failing to update publicly displayed drug price lists.

Unprofessional conduct encompasses a range of prohibited behaviors that compromise ethical standards in healthcare practice as outlined in the Rules of the Board of Regents, §29.7. These include accepting referral fees or sharing compensation for professional services, engaging in misleading advertising that guarantees outcomes, and abandoning patients without proper follow-up arrangements. Professionals must wear legible name badges with their titles, and they are prohibited from restocking returned prescriptions. Delegating duties to unqualified individuals and failing to respond within 30 days to official inquiries from regulatory bodies also constitute misconduct.

Each of these actions undermines trust, safety, and accountability in professional care. These are only a sample of the many acts that fall under Misdemeanors and Unprofessional Conduct.

Prescription labels currently must include key details such as the pharmacy owner’s name and address, the fill date, prescription number, prescriber’s name (or healthcare practice for mifepristone or misoprostol), patient name and address, and usage directions. Labels should reflect the patient’s spoken language when feasible, but English remains a mandatory component on labels to ensure legal compliance and universal understanding, especially given the lack of guaranteed multilingual caregivers. According to a February 2025 PSSNY eScript update, the Board of Pharmacy continues to require English on all labels, with optional multilingual additions.

To ensure relevance and safety in practice, certain topics are required. Every pharmacist must complete 3 hours focused on reducing medication errors during each registration period. As of January 1, 2023, an additional 3 hours in pharmaceutical compounding is also required. For those authorized to engage in Collaborative Drug Therapy Management (CDTM), 5 hours must be tailored to their specific area of practice. Immunizing pharmacists must also complete training related to blood borne pathogens and be current in Basic Life Support training.

Pharmacists who register for less than the full three-year period face a prorated requirement: 1.25 hours per month of registration. Even in these cases, more than half of the hours must be live, and the 3-hour medication error reduction training remains mandatory.

Basic Life Support (BLS) training can count toward CE as well. The initial BLS certification may be credited for up to 5 hours, while recertification can contribute up to 3 hours. These requirements are grounded in Education Law, Article 137, §6827, and further detailed by the New York State Education Department (NYSED). Staying compliant not only fulfills legal obligations but also reinforces the pharmacist’s role as an important and informed healthcare provider.

One of the most important restrictions is that benzodiazepine prescriptions cannot be refilled, as outlined in §80.67. Additionally, the initial fill must occur within 30 days of the date the prescription was written. For written prescriptions, the standard supply limit is 30 days. However, pharmacists may dispense up to a 90-day supply if the prescription is accompanied by a valid exception code, allowing for extended treatment under appropriate circumstances.

Oral prescriptions are permitted in emergency situations but are subject to strict limitations. The maximum supply allowed for an oral prescription is five days. Within 72 hours of dispensing, the pharmacy must receive a cover prescription that includes the specific phrase: “Authorization for Emergency Dispensing.” If the cover prescription is not received within this timeframe, the pharmacy is required to submit DOH Form 4358, titled “Notification from Pharmacy Practitioner Failure to Provide Official Prescription.” This reporting must be completed within seven days of the initial dispensing to remain compliant with state regulations.

These guidelines are extracted from New York’s Public Health Law §3334 and in Parts §80.67 and §80.68 from Part 80 – Rules and Regulations on Controlled Substances.

Under Article 137-A, registered pharmacy technicians are now permitted to assist in compounding, preparing, labeling, and dispensing medications for valid prescriptions or anticipated orders. However, their practice is limited to facilities licensed under Article 28 of the Public Health Law, which includes hospitals, nursing homes, and diagnostic treatment centers.

To maintain safe and effective oversight, pharmacy law already outlines specific supervision ratios. A pharmacist may supervise up to two registered technicians for licensed tasks and up to four unlicensed individuals for non-licensed tasks, with a total support staff limit of four at any given time. Pharmacy interns, who practice under a limited permit, are exempt from these ratios but must still be supervised according to regulatory standards. Staff involved in unit-dose cart operations within institutional settings are also exempt from these limits.

For those interested in becoming registered pharmacy technicians, the path is clearly defined. Applicants must submit an application, possess a high school diploma or equivalent, be at least 18 years old, and hold certification from an accredited national program such as the Pharmacy Technician Certification Board (PTCB) or the National Healthcareer Association (NHA). They must also demonstrate good moral character and pay applicable licensing and registration fees. To maintain certification through PTCB, technicians are required to complete 20 continuing education hours every two years, including one hour focused on pharmacy law and another on patient safety.

By expanding technician roles and clarifying responsibilities, the state is investing in a more resilient and responsive pharmacy system. Whether you're a technician, pharmacist, or healthcare advocate, staying informed about these developments is essential for supporting safe, efficient, and accessible pharmacy services.

Pharmacist Al Squitieri says things are difficult on both sides of the counter at his pharmacy. Drug prices are going up, but pharmacies are making less and less.

“It's causing shortages because now pharmacies can order medications for the prices that the insurance companies or the middlemen are willing to pay the pharmacies," he said.

Find the original article and continue reading on Spectrum News

§6808 Registering and operating establishments

PBMs are the hidden “middlemen” of the pharmaceutical supply chain. They negotiate the price of prescription drugs between health insurance companies and drug manufacturers, set compensation formulas for pharmacy payments, and determine patient co-payments.

We need the leaders of New York to follow his lead and provide protection for New Yorkers.

PBH §280-c. Pharmacy audits by pharmacy benefit managers.

NYSED Advisory Notice

On a separate note, Hospital Pharmacies may stock prescription drugs on nursing unit floors as long as the floor stock medication is reviewed and recommendations are made concerning drugs to be stocked on the floors.

Section 405.17 - Pharmaceutical services

1. Where an insured's copayment for a drug exceeds the corresponding retail price for the same drug on the pharmacy's drug retail price list, the pharmacist shall notify the insured of this occurrence and charge no greater than the pharmacy's corresponding retail price.
2. Where the drug being purchased is not on the drug retail price list, and the copayment for the drug exceeds the pharmacy's usual and customary price for that drug, the pharmacist shall notify the insured of this occurrence and charge the lesser of the insured's copayment and the pharmacy's usual and customary price for that drug.

The current Senate Bill in 2024 improves upon the 2018 legislation. The 2024 Gag Clause Legislation allows pharmacists to discuss their reimbursement rates and how reimbursement rates may be contributing to the difficulty in obtaining a needed medication. Greater transparency can only be beneficial for the patient.

Changes to the program include:

• Limit of ten syringes is removed
• Advertising the availability of syringes under the ESAP program is no longer prohibited
• Pharmacies no longer have to register for the program with the Department of Health

Regulations that remain include:

• Patient are still required to be 18 years or older
• A safety insert must still be provided with each purchase

Public Health Law, Section 3381

S2523 Regular Sessions in Senate 2021-2022

Gag clauses usually restrict pharmacies from discussing or informing patients of cost structures or reimbursement rates. The lack of transparency can lead to the patient paying more for their healthcare. Removing the gag clauses may also explain to the patient why some drugs are hard to obtain.

This is a no-cost for New York and a win-win for patients and pharmacies. The only obstacle remaining is Governor Hochul’s signature.

The Purple Book database contains information on all FDA approved biological products. An interchangable biological product is a product that is shown to be biosimilar and can be expected to produce the same results as the referenced product.

A reference chart of state biosimilar substitution laws can be found at Reference Chart . It is for informational purposes only.

6816-a

Purple Book

A fact sheet will also be made available on the nyrxlaw web site.

Education Law §63.16 Dispensing Self-Administered Hormonal Contraceptives

https://www.op.nysed.gov/professions/pharmacist/laws-rules-regulations/part-63#%C2%A76316-dispensing-self-administered-hormonal-contraceptives

Dispensing of Hormonal Contraception

https://op.nysed.gov/professions/pharmacist/frequently-asked-questions/Dispensing-of-Hormonal-Contraception

These and more links will be added to the nyrxlaw website in the near future.

Attached are resources designed to make it easy for you to participate in the N-CAP program. As pharmacists, we are in the unique position to help decrease morbidity and mortality related to the opioid crisis. Facilitating access to Naloxone helps save lives.

Links to Resources

NIH Heal Initiative N-CAP Fact Sheet English N-CAP Fact Sheet Spanish Pharmacists Instructions N-CAP FAQs

PATIENTS TWO YEARS OF AGE OR OLDER

• seasonal influenza vaccines

ADULTS 18 YEARS OF AGE OR OLDER

• pneumococcal
• herpes zoster
• hepatitis A
• hepatitis B
• human papillomavirus
• measles
• mumps
• rubella
• varicella
• COVID-19
• menigococcal
• tetanus
• diphtheria
• pertussis
• RSV *

* until rescinded by the Commissioner of Health

Under the law, doctors and nurse practitioners will be able to send pharmacists prescriptions for such contraceptives that don’t list the names of specific patients. After a patient fills out a self-screening risk assessment questionnaire to help a pharmacists identify any risk factors and decide on an appropriate contraceptive, the pharmacist would fill in the patient’s name on the relevant prescription.

• A history of substance use disorder;
• gh dose or cumulative prescriptions that result in 90 morphine milligram equivalents or higher per day; or
• Concurrent use of opioids and benzodiazepine or nonbenzodiazepine sedative hypnotics.

This requirement shall not apply to prescriptions written in the following settings:

• General Hospitals or Nursing Homes licensed under Article 28 of the Public Health Law;
• Facilities or Mental Health Facilities licensed under Article 31 of the Mental Hygiene Law; and
• Patients under Hospice Care as defined in Article 40 of the Public Health Law.

Resource

Education Law §6811, §6826

Regulations of the Commissioner Part 63, Pharmacy and Registered Pharmacy Technicians §63.2 Experience.

However, in very specific instances, copies may be provided within the parameters of the law.

For example, it is possible that in applying to participate in any given health plan, a patient, depending upon the specific terms of participation in the plan, may grant consent for copies of non-controlled prescriptions to be provided to the insurer. It is recommended that any individuals who have questions regarding this topic direct such questions to their attorney.

Prescription Copies FAQ - http://www.op.nysed.gov/prof/pharm/pharm-prescriptioncopies.htm (Updated May 23, 2022)

edit: The information in this post has been updated in a new post on June 5, 2022

Title: Section 80.73 - Pharmacists; dispensing schedule II substances and certain other controlled substances

Veterinarians are excluded by nature of their license from the requirement to electronically prescribe prescriptions.

FREQUENTLY ASKED QUESTIONS FOR ELECTRONIC PRESCRIBING

Part 63, Pharmacy Section 63.6 

 Registration and operation of New York establishments.

a. General Provisions 5. The State Board of Pharmacy shall be notified   within a period of 48 hours whenever any establishment registered by the board is damaged by fire, flood or other disaster.

Education Law, §6812. Special provisions.

Where any pharmacy, manufacturer, wholesaler or outsourcing facility registered by the department is damaged by fire the board shall be notified within a period of forty-eight hours.

"A pharmacist may, based upon his or her professional judgment, accept an electronic prescription from a prescriber, to the pharmacy of the patient's choice, subject to the following requirements:"

§63.6 Registration and operation of New York establishments.

a. 7. ii.

Article 137-A - Registered Pharmacy Technicians

• You may count an initial CPR course for up to five hours of continuing education; a CPR recertification course is worth up to three hours.
• An initial BLS course can be used for up to five hours of continuing education; BLS recertification is worth up to three hours.
• An initial ACLS course is eligible for up to twelve hours and ACLS recertification is worth up to six hours.
• An initial EMT Basic course can count for up to ten hours and EMT Basic recertification for up to five hours of continuing education.

Continuing Education FAQs

FY 2021 New York State Budget

Assembly Bill A1396

Senate Bill S3762

• Oral prescription maximum five day supply
• Initial fill must be done within 30 days of date written
• Written prescription maximum 30 day supply, 90 day supply with code
• Written prescription maximum 30 day supply, 90 day supply with code