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New York State does not allow “provider agents” for e-prescribing

By Randall Smith, BRS Dental, Vice President, Consulting and Support

DrFirst sent notification to remind New York State users of their Rcopia e-prescribing service that on May 22nd, 2015, all “provider agents” in each practice would be transitioned to the role of “clinical staff” in accordance with New York Board of Pharmacy regulations. What this means is that clinical staff will only be able to queue up prescriptions for the practice, but the doctor will need to ensure they meet all the requirements per the New York Board of Pharmacy and then “send”. Previously, provider agents could “send” legend drug prescriptions to the pharmacy, although the provider would still have to “sign” the prescription.

We want to make it clear that this is not a BRS Dental or DrFirst restriction; rather, current interpretation of the New York State Statute does not provide for provider agents to use electronic prescription systems from any vendor. It is possible that future changes in state law will allow provider agents in New York State.

Below outlines the specific law from the New York State Board of Pharmacy website. This information may be found under information regarding electronic prescribing: http://www.op.nysed.gov/prof/pharm/pharmelectrans.htm
Can an agent or employee of the prescriber electronically create and electronically transmit an electronic prescription to the pharmacy?

Answer: NO. Education law 6802 and Regulations of the Commissioner of Education make no provision for the delegation of transmission of electronic prescriptions to an agent. Further, federal and State regulations for prescribing of controlled substances explicitly prohibit such delegation.