Menu
Button: Make a Payment Button: Newsletter Mailing List

Icon: Healthcare LawHands-On Experience

Providing legal advice

and services since 1977

Healthcare Newsletter

Q. NYS ePrescribe delayed? A. NO!

July 14, 2016

Question:

Jennifer, 

I understand that there is an extension of starting e-prescribing and is there any exception to it? 

Thank you.
Dr. I

Answer: 

No, i am not aware of any extension.  Yes, there are limited exceptions - including obtaining a waiver.  

For additional information I recommend checking out NYS DOH's resources page - http://www.health.ny.gov/professionals/narcotic/electronic_prescribing/


From FAQ - 

Q2: Is Electronic Prescribing mandatory for New York State practitioners? A2: As of March 27, 2016 it will be mandatory for practitioners, excluding veterinarians, to issue electronic prescriptions for controlled and non-controlled substances. Electronic prescribing of controlled substances will require additional security features and registration of the certified software application with the Bureau of Narcotic Enforcement.

Q4: Will the use of Official New York State Prescription forms be prohibited as of March 27, 2016? A4: Official New York State Prescription forms may be used in the event of a power outage or technical failure, or by practitioners who meet one of the exceptions listed in Article 2A - Section 281 or Title 10 Part 80 Section 80.64. Please review this section of the law and regulations, which may be accessed from the following links: Article 2A - Section 281 and Title 10 Part 80 Section 80.64

Q6: I currently electronically prescribe non-controlled substances. Are there any additional steps I need to complete in order to electronically prescribe controlled substances?

A6: Yes. • First, the software you currently use must meet all the federal security requirements for EPCS, which can be found on the Drug Enforcement Agency’s (DEA) web page. http://www.deadiversion.usdoj.gov/ecomm/e_rx/ Note that federal security requirements include a third party audit or DEA certification of the software. • Second, you must complete the identity proofing process as defined in the federal requirements. • Third, you must obtain a two-factor authentication as defined in the federal requirements. • Fourth, you must register your DEA certified EPCS software with the Bureau of Narcotic Enforcement (BNE). Registration instructions are included in the FAQs.

Q8: If only 5 days or less of a controlled substance is prescribed, does the prescription need to be transmitted electronically? 

A8: Yes. Any amount of controlled substances being prescribed requires the prescription to be transmitted electronically. An exception to this is that a paper or oral prescription may be issued for a controlled substance, that does not exceed a 5 day supply, ONLY if the practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, AND such delay would adversely impact the patient’s medical condition.

Q9: Can a prescriber fax a prescription to a pharmacy after March 27, 2016? A9 Yes, under very limited circumstances defined in Public Health Law (PHL) Section 281(3) and The Commisioner of Health's Letter, provided that the following criteria are met: a. Must be a fax of an original hard copy prescription; b. Must be manually signed by the prescriber; and c. If issued in NY, must be on an Official New York State Prescription form. In most instances, faxed prescriptions for controlled substances must comply with requirements for oral prescriptions for controlled substances, including issuance of the follow-up prescription. A facsimile is not an electronic prescription and must bear a manual signature.


Overtime Webinar (Click here to Register) - July 19 - 12PM
Looking to learn more about the new Overtime requirements?  Join Jennifer for a 30 minute  complimentary Webinar on Tuesday, July 19, 2016 at 12PM. 


Click here to Register!


Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!