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Pharmacy Law > NYS specific Laws > Flashcards

NYS specific Laws Flashcards

This will include everything ONLY in regards to NYS specific rather than federally

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1
Q

A drug that is “RX only” must be written by who and filled by who?

A

Written by authorized person (MD, NP, MA, etc)

filled by licensed pharmacist

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2
Q

Aside from the usual label requirements, what are other things to take note of?

A

Controlled substances may have additional requirements

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3
Q

Who falls under authorized prescribers in NYS?

A

-physicians
-PA
-NP
-midwives
-dentist
-podiatrists
-optometrist
-vet.

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4
Q

How are prescriptions written and dispensed in NYS?

A

drugs that are “RX only” as indicated by the FDA must be written by authorized prescriber and filled by a licensed pharmacist

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5
Q

Who is authorized to dispense and compound medications?

A

pharmacists

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6
Q

T/F: prescriptions cant be dispensed without putting a label to the outer immediate container.

A

True

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7
Q

What is required on RX labels dispensed in NYS?

A

-Name of pharmacy and its address
-date compounded
-RX number
-patient name and address
-name of prescriber
-SIG

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8
Q

T/F: A pharmacy is allowed to furnish a “RX only” product to another pharmacy that is “out of stock” for the purpose of filling a RX.

A

True

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9
Q

T/F: a prescription may be refilled even if the RX doesn’t indicate on it on the prescription.

A

False. a prescription CANT be refilled unless indicated how many on the RX

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10
Q

T/F: A prescription may not be refilled more times than allowed on the prescription

A

True

if MD write 5 refills, after the 5, a new RX is required to be written by the DR.

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11
Q

T/F: pharmacies can always fill any quantity that as long as its lower than the amount written on the prescription, never more.

A

True.

if MD writes a qty of 90 tablets, pharmacists can fill any amount less 90 tablets

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12
Q

Are pharmacies allowed to deliver new or refilled prescription? if so, when/how?

A

YES but only if patient consents to delivery or an individual authorized to consent (like power of attorney) on the patient’s behalf

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13
Q

T/F: pharmacies that don’t get consent are not required to accept any returned medication, reverse any charges and can keep the medication if it hasn’t been used.

A

False!

pharmacies who don’t get consent are required to accept the return, provide patient credit if they were charged, and must destroy the medications in accordance to the state and federal laws pertaining to destruction of medications

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14
Q

What happens if a company delivers medications to long-term care facilities?

A

delivery rules don’t necessarily apply as many long-term facilities operate using long-term care pharmacies to deliver these medications

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15
Q

Can controlled medication be refilled? why or why not?

A

NO!

RX’s for C-2 and some C3-4 (based on the commissioner’s requirements) may NOT be refilled

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16
Q

How many times can a pharmacy refill a prescription? for non-controlled? for controlled?

A

non-controlled: no more than the amount approved and written by the MD

controlled: NO! it can’t have refills

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17
Q

how long is a controlled RX valid for?

A

6 months from when the RX was signed (even if pt brings RX a few weeks later, “activation” of prescription is the date it was written and signed)

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18
Q

What is the only exception in which a C3-5 prescription can have refills?

A

if the RX authorizes dispensing more than a 30 day supply, that meets required regulations that REQUIRE larger supplies, then RX may ONLY BE REFILLED ONCE

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19
Q

Can refills for controlled substances be dispensed early? Why or why not?

A

NO!
IF the DR didn’t authorize any early fill (Must be visibly indicated on the RX)

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20
Q

How early can a controlled substance be filled if they are using the medication consistently (such as ADHD medications)?

A

No controlled RX can be refilled more than 7 days prior to the previously dispensed supply date

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21
Q

Who can obtain copies of controlled substance prescriptions?

A

Only a licensed practitioner may be allowed to obtain these records.
patients aren’t allowed to be given copies

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22
Q

Are there any prescriptions that patients are allowed to get copies of?

A

YES! non-controlled RX only when requested

BUT copies for informational use may be only for prescribers

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23
Q

How are all prescriptions sent to a pharmacy?

A

Written
Electronic (mostly)
Verbal (oral or Phone)
Fax

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24
Q

how do the rules apply to receiving these prescriptions (written, E-rx, verbal, or fax)?

A

written RX AND E-RX rules are similar

phone AND faxed RX rules are similar

25
Q

T/F: any prescription pad can be used by a DR to WRITE a prescription if they practice in NYS.

A

False!

If a MD (or etc.) practice in NYS, they are required to use a specific RX pad that contains things like a bar code and say “official NYS prescription”

26
Q

Are DRs allowed to make copies of these RX pads?

A

NO!

they are prepared and dispensed by the Official NYS department
(each barcode is unique)

27
Q

If a controlled substance isn’t sent electronically, how can they be considered authentic?

A

may only be prescribed or dispensed ONLY upon official NYS RX pads

28
Q

if a patient is out of state or getting an electronic RX, are pharmacies only allowed to accept RXs that are written on NYS RX pads?

A

no! if a prescription is written/sent from out of state OR if a electronic RX is sent, the official NYS RX pad isn’t required

29
Q

T/F: effective 3/27/2015, new law requires those authorized to write RXs in NYS must issue prescriptions electronically directly to pharmacies (some limited exceptions)

A

True

30
Q

What are the exceptions to sending electronic only RXs?

A

-if the system is down or there are technological issues
-Prescriber was given a waiver authorized by the NYS commissioner of heath
-IF prescriber thinks its impractical to send the RX electronically in a timely manner
-if the dispensing pharmacy is located outside of NYS
-Applied and approved for a waiver

31
Q

What is the definition of what an electronic prescription?

A

-an RX that is created, recorded, transmitted or stored by electronic means
-issued and validated with the prescriber’s electronic signature
-electronically encrypted to prevent unauthorized access/alteration of RX
-transmitted electronically directly from the prescriber to a pharmacy or pharmacist

32
Q

What are the NYS technology requirements for electronic RXs?

A

-must comply with federal and NY regulation
-require prescribers and pharmacists to have a secure system in order to protect the confidentiality and security of patient information
-E-prescriber application must also be “certified”

33
Q

What is not considered an electronic prescription? Why?

A

Email
-not considered a secure method

34
Q

T/F: A faxed prescription is NOT considered an electronic prescription.

A

True

-we are allowed to accept faxed prescription

35
Q

What is important regarding what needs to be on an electronic prescription to be considered valid?

A

-prescribers must personally generate and send electronic prescriptions to pharmacies or pharmacists

36
Q

What else must be included in electronic prescriptions that isn’t REQUIRED in written prescriptions?

A

-all electronic RXs must include an NPI number
-must be electronically signed
-must indicate if RX medication is a DAW or not

37
Q

T/F: pharmacists may fill any prescription called in (verbal) by an authorized prescriber.

A

False!

all non-controlled substances are not allowed to be phoned in (verbal)

38
Q

What is the exception to accepting a verbal (oral) prescription that is in regards to a controlled substance?

A

-EMERGENCY WITH LIMITATIONS AND SPECIAL REQUIREMENTS

39
Q

What are pharmacists expected to do when receiving a verbal prescription authorizing refills?

A

-write on the reverse side of the original RX the date, time, and name of authorizing prescriber
-can accept any employee communicating the RX from the prescribing practitioner (DOESN’T include controls)

40
Q

When taking an oral prescription over the phone from a dr. office, what is expected of a pharmacist?

A

-contemporaneously reduce such RX to writing
-dispense substance while following expected rules in regards to labels as if it was from a doctor office
-make good faith effort to verify the information coming from the doctor office if the pharmacist doesn’t know the office or employee

41
Q

T/F: oral prescriptions for patients in nursing homes, hospitals, and residential facilities have the exact same rules as all outpatient doctor offices.

A

False

they may have different rules based on the direction of the prescriber or institution

42
Q

What is the definition of “facsimile”?

A

Faxed prescriptions sent to the pharmacy

43
Q

What are the patient requirements on a controlled RX?

A

-name
-sex
-address
-age of the ultimate user

44
Q

What are the controlled drug requirements in regards to RXs for animals?

A

-species
-name and address of owner or person in custody

45
Q

What are the prescriber requirements that must be on a controlled substance prescription?

A

-name
-address
-DEA number
-phone #
-had written prescription of prescriber

46
Q

if a RX is sent electronically, what must also be present?

A

MUST be electronically signed

47
Q

T/F: a licensed pharmacist may, in good faith and in the course of his/her professional practice, sell and dispense to an ultimate user CONTROLLED SUBSTANCES only upon the delivery of an official NYS prescription/electronic RX, within 30 days of the date the RX is signed.

A

True

48
Q

T/F: a pharmacist may not dispense a part or portion of a controlled substance.

A

False!

they are allowed as long as it is following the regulations of the commissioner in consultation with the commissioner of education

49
Q

T/F: no pharmacy/pharmacist may sell/dispense more than a 30 day supply of a controlled substance UNLESS the user has exhausted all but a 7 day supply from the last issued prescription.

A

True!

they can only give up to 30 day supply (or less if the doctor wrote for less than 30), but NEVER MORE than 30 days (regardless of what the doctor wrote; if DR wrote Controlled drug for 60 days, can only give 30)

50
Q

While 30 days is the max. amount pharmacies are allowed to dispense of controlled substances, what are some exceptions?

A

-3 month supply may be given only if it appears on the official NYS RX/E-RX AND has a statement indicating that it is to treat one of the following conditions that have been enumerated by the commissioner as REQUIRING a more than a 30 day supply

-may dispense up to 6 months of any substance in subdivision (h) of schedule 2 of section 3306 of article if there appears on an official NYSRX/E-RX

51
Q

What are the following indications that can be dispensed in 3 month supplies (the exceptions)?

A

-panic disorder
-ADD
-Chronic DEBILITATING neurological conditions
-pain
-narcolepsy
-hormone deficiency states

52
Q

What is allowed to be given as a 6 month supply (the exceptions)?

A

anabolic steroids

53
Q

If a NYS prescription or an out-of-state written RX is incomplete, what is allowed in order to authorize the prescription?

A

if information is missing (SIG, CORRECT DRUG), a practitioner may orally furnish the missing information for a pharmacist to finish correctly entering the information (which a pharmacist MUST WRITE THE DATE HE/SHE RECEIVED THE VERBAL AUTHORIZATION ON THE RX and sign it!)

54
Q

If a ONYSRX/out-of state RX isn’t signed or dated or has no indications that is required for a controlled substance, are pharmacists allowed to call and verify this information?

A

No!
pharmacists are not allowed to contact the dr if this information is missing/unsigned

55
Q

What is not required for a pharmacist to obtain if something is missing from the RX?

A

-not required to call doctor to enter a patient’s address, sex, age if the pharmacist obtains the information through a good-faith effort

56
Q

What CANNOT be changed on a prescription?

A

-DR. signature
-drug name
-patient name

57
Q

If we can’t change parts of the prescription, but we have to call the doctor to verify information, what are pharmacists allowed to do?

A

if they are to call the doctor to verbally authorize a prescription, a pharmacist must write the date the authorization was orally/verbally approved, reason for change, and they MUST SIGN
–we write next to or somewhere on the RX the change that is to be made and pharmacist must INITIAL/SIGN

58
Q

If an E-RX was sent and incomplete, what must a pharmacist do?

A

Required to do a similar task as if it was a written/oral/verbal authorization, but instead of printing/writing on the RX hard copy, the pharmacist must electronically record/annotate the RX so that their is a trail of evidence indicating what was done and how both dr and RPh are in agreement

Pharmacy Law (3 decks)

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