Letter to Hospital Administrators Regarding Available Exemption from the Official Prescription Program

April 4, 2007

Dear Administrator:

The exemption from the Public Health Law requirement for hospital practitioners to prescribe on official New York State prescriptions will expire on April 19, 2007 for those hospitals that have not implemented:

  1. An electronic prescription system to transmit prescriptions from a computer to a pharmacy computer or fax machine; or
  2. A computerized provider order entry system that generates printed prescriptions.

In those facilities that have not implemented one of the above systems, all written prescriptions—for both controlled and non-controlled substances—must be issued on an official New York State prescription after April 19, 2007.

The prescribing exemption will continue after April 19, 2007 for those hospitals and their affiliated clinics and health services that have implemented an electronic prescription system to transmit prescriptions to pharmacies capable of receiving them. The exemption will also continue after April 19, 2007 for those facilities that have implemented a computer provider order entry system that generates printed prescriptions. However, such facilities must first apply for and be approved by the Department of Health for the prescribing exemption to continue.

If your facility has implemented an electronic prescription system or a computerized provider order entry system that generates printed prescriptions, you may apply to be approved for the prescribing exemption by completing the enclosed application form and returning it promptly by mail or fax to the Bureau of Narcotic Enforcement. You will be notified in writing if your application for the exemption has been approved.

Facilities that have been approved for the prescribing exemption may issue prescriptions for non-controlled substances on the prescription form of the facility. In the near future, the Department of Health will issue secure serialized authentication labels to these facilities. Prescribers in approved facilities must then affix such labels to all prescriptions for non-controlled substances that are issued on the prescription form of the facility. It is important to note that the prescribing exemption applies only to the prescribing of non-controlled substances. Written prescriptions for controlled substances must be issued on an official New York State prescription.

If you have questions about the prescribing exemption or the application form, you may contact the Bureau of Narcotic Enforcement toll free at 1-866-811-7957, Option 1.

Sincerely,

James Giglio, Director
Bureau of Narcotic Enforcement
Martin J. Conroy, Director
Bureau of Hospital and Primary Care Services