New Blanket Waivers for Electronic Prescribing Approved in NY

In recognition of limitation of certain electronic prescribing software the NYS Health Commissioner approved a new blanket waiver for electronic prescribing requirements. 

Beginning on March 26, 2017 and continuing until March 25, 2018, the Commissioner of Health will recognize the following ten exceptional circumstances exempt from the requirement of an electronic prescription:

  • any practitioner prescribing a controlled or non-controlled substance, containing two (2) or more products, which is compounded by a pharmacist;
  • any practitioner prescribing a controlled or non-controlled substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion;
  • any practitioner prescribing a controlled or non-controlled substance that contains long or complicated directions;
  • any practitioner prescribing a controlled or non-controlled substance that requires a prescription to contain certain elements required by the federal Food and Drug Administration (FDA) that are not able to be accomplished with electronic prescribing;
  • any practitioner prescribing a controlled or non-controlled substance under approved protocols for expedited partner therapy, collaborative drug management or comprehensive medication management, or in response to a public health emergency that would allow a non-patient specific prescription;
  • any practitioner prescribing an opioid antagonist that would allow a non-patient specific prescription;
  • any practitioner prescribing a controlled or non-controlled substance under a research protocol;
  • a pharmacist dispensing controlled and non-controlled substance compounded prescriptions,
    prescriptions containing long or complicated directions, and prescriptions containing certain elements required by the FDA or any other governmental agency that are not able to be accomplished with electronic prescribing;
  • a pharmacist dispensing prescriptions issued under a research protocol, or under approved protocols for expedited partner therapy, or for collaborative drug management or comprehensive medication management; and
  • a pharmacist dispensing non-patient specific prescriptions, including opioid antagonists, or prescriptions issued in response to a declared public health emergency.

Prior to the waiver’s expiration date the Commissioner will evaluate whether prescribing software has the capability to be used in the above circumstances. Additionally, a limited time waiver was issued for prescribers and pharmacies serving nursing home patients.

If you have questions about the electronic waiver requirements or have other health law related questions please contact our office.