§ 281. Official New York state prescription forms. 1. In addition to\nthe requirements of section sixty-eight hundred ten of the education law\nor article thirty-three of this chapter, all prescriptions written in\nthis state by a person authorized by this state to issue such\nprescriptions shall be on serialized official New York state\nprescription forms provided by the department. Such forms shall be\nfurnished to practitioners authorized to write prescriptions and to\ninstitutional dispensers, and shall be non-reproducible and\nnon-transferable. The commissioner, in consultation with the\ncommissioner of education, may promulgate emergency regulations for the\nelectronic transmission of prescriptions from prescribers to pharmacists\nor for ordering and filling requirements of prescription drugs for\nprescriptions written for recipients eligible for medical assistance\npursuant to title eleven of article five of the social services law, for\nparticipants in the program for elderly pharmaceutical insurance\ncoverage pursuant to title three of article two of the elder law and for\nprescriptions written pursuant to article thirty-three of this chapter.\nNothing in this section shall prohibit the commissioner in consultation\nwith the commissioner of education from promulgating any additional\nemergency regulations in furtherance of this subdivision.\n 2. The commissioner, in consultation with the commissioner of\neducation, shall promulgate regulations requiring that prescription\nforms and electronic prescriptions include: (a) a section wherein\nprescribers may indicate whether an individual is limited English\nproficient, as defined in section sixty-eight hundred twenty-nine of the\neducation law; and (b) if the patient is limited English proficient, a\nline where the prescriber may specify the preferred language indicated\nby the patient. Failure to include such indication on the part of the\nprescriber shall not invalidate the prescription.\n 3. On or before December thirty-first, two thousand twelve, the\ncommissioner shall promulgate regulations, in consultation with the\ncommissioner of education, establishing standards for electronic\nprescriptions. Notwithstanding any other provision of this section or\nany other law to the contrary, effective three years subsequent to the\ndate on which such regulations are promulgated, no person shall issue\nany prescription in this state unless such prescription is made by\nelectronic prescription from the person issuing the prescription to a\npharmacy in accordance with such regulatory standards, except for\nprescriptions: (a) issued by veterinarians; (b) issued in circumstances\nwhere electronic prescribing is not available due to temporary\ntechnological or electrical failure, as set forth in regulation; (c)\nissued by practitioners who have received a waiver or a renewal thereof\nfor a specified period determined by the commissioner, not to exceed one\nyear, from the requirement to use electronic prescribing, pursuant to a\nprocess established in regulation by the commissioner, in consultation\nwith the commissioner of education, due to economic hardship,\ntechnological limitations that are not reasonably within the control of\nthe practitioner, or other exceptional circumstance demonstrated by the\npractitioner; (d) issued by a practitioner under circumstances where,\nnotwithstanding the practitioner's present ability to make an electronic\nprescription as required by this subdivision, such practitioner\nreasonably determines that it would be impractical for the patient to\nobtain substances prescribed by electronic prescription in a timely\nmanner, and such delay would adversely impact the patient's medical\ncondition, provided that if such prescription is for a controlled\nsubstance, the quantity of controlled substances does not exceed a five\nday supply if the controlled substance were used in accordance with the\ndirections for use; or (e) issued by a practitioner to be
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