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Prescription Monitoring Registry Patient Notice Required?

October 8, 2013

Question:

Jennifer,

We are now complying with NYS's requirement to check the prescription monitoring registry and we have adopted a very helpful prescription monitoring program registry policy from you.  Do we need to tell patients we have a policy or disclose our policy to patients? 

Please let us know. 

K


Answer:

No you are not required to notify patients you are checking the registry, and no you are not required to notify patients you have adopted a prescription monitoring program registry policy.  What you are required to do in NY and in any state with a similar requirement, is to abide by your obligation to check the registry before prescribing, when required.  In NY that would be prior to prescribing any Schedule II, III or IV controlled substance, except in limited circumstances.  The new NYS law does not require patients be given notice the practitioner is required to check or has checked.  The requirement is simply that the prescribing practitioner check and utilize information obtained in his or her professional medical decision making process as to whether or not to prescribe.  If you are adhering to those requirements, you are in the clear.  

Policy adoption is to enable you to enact a standardized procedure at  your practice and to have that procedure in writing to defer to when questioned or when effectuating your adopted policy.  It is highly recommended to have a written policy on registry access, checking requirements and safeguards in place to protect against unauthorized access.  In fact, if you are delegating your responsibility to check to a practice employee, you should not be doing so without a prescription monitoring program registry policy in place.

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