OP OFFICE OF THE PROFESSIONS NEW YORK STATE EDUCATION DEPARTMENT

Pharmacy Guide to Practice

The University of the State of New York THE STATE EDUCATION DEPARTMENT

Office of the Professions Division of Professional Licensing Services

89 Washington Avenue Albany, NY 12234-1000

www.op.nysed.gov

January 2004

http:www.op.nysed.gov

THE UNIVERSITY OF THE STATE OF NEW YORK Regents of the University

ROBERT M. BENNETT, Chancellor, B.A., M.S. ..............................................................Tonawanda MERRYL H. TISCH, Vice Chancellor, B.A., M.A., Ed.D. ................................................New York SAUL B. COHEN, B.A., M.A., Ph.D. ..................................................................................New Rochelle JAMES C. DAWSON, A.A., B.A., M.S., Ph.D. ..................................................................Peru ANTHONY S. BOTTAR, B.A., J.D. ..................................................................................Syracuse GERALDINE D. CHAPEY, B.A., M.A., Ed.D. ..................................................................Belle Harbor ARNOLD B. GARDNER, B.A., LL.B. ..............................................................................Buffalo HARRY PHILLIPS, 3rd, B.A., M.S.F.S. ............................................................................Hartsdale JOSEPH E. BOWMAN, JR., B.A., M.L.S., M.A., M.Ed., Ed.D..........................................Albany JAMES R. TALLON, JR., B.A., M.A. ................................................................................Binghamton MILTON L. COFIELD, B.S., M.B.A., Ph.D. ....................................................................Rochester ROGER B. TILLES, B.A., J.D. ............................................................................................Great Neck KAREN BROOKS HOPKINS, B.A., M.F.A. ......................................................................Brooklyn CHARLES R. BENDIT, B.A. ..............................................................................................Manhattan BETTY A. ROSA, B.A., M.S. in Ed., M.S. in Ed., M.Ed., Ed.D ........................................Bronx LESTER W. YOUNG, JR., B.S., M.S., Ed. D ......................................................................Oakland Gardens

President of The University and Commissioner of Education RICHARD P. MILLS

Associate Commissioner for the Professions FRANK MUOZ

Director of the Division of Professional Licensing Services TONY LOFRUMENTO

Executive Secretary for the State Board for Pharmacy LAWRENCE H. MOKHIBER

The State Education Department does not discriminate on the basis of age, color, religion, creed, disability, marital status, veteran status, national origin, race, gender, genetic predisposition or carrier status, or sexual orientation in its educational programs, services and activities. Portions of this publication can be made available in a variety of formats, including braille, large print or audio tape, upon request. Inquiries concerning this policy of nondiscrimination should be directed to the Department's Office for Diversity, Ethics, and Access, Room 530, Education Building, Albany, NY 12234. Requests for additional copies of this publication may be made by contacting the Publications Sales Desk, Room 309, Education Building, Albany, NY 12234.

MEMBERS OF THE

NEW YORK STATE BOARD OF PHARMACY

New York is unique in placing its system of professional governance under the Board of Regents, a citizen body. Boards of professionals and public members advise the Regents and the Education Department on all aspects of professional education, licensing, practice, and discipline.

NAME

Mark B. Arrington, Highland Mills, NY

John B. Carlo, Fairport, NY

John L. Croce, Delmar, NY

Madelyne DiMaria, Vestal, NY

Patricia Donato, Schenectady, NY

Michael Duteau, Baldwinsville, NY

David B. Flashover, Albany, NY

Fernando A. Gonzalez, Brooklyn, NY

Susan Ksiazek, Buffalo, NY

Robert A. Mangione, Lynbrook, NY

Daniel Molino, Briarcliff Manor, NY

*Peggy Murrain, Great Neck, NY

John Navarra, Hauppauge, NY

*Carolyn Reres, Franklin Square, NY

Hao Jimmy Tran, Manhasset Hills, NY

Daniel J. Villa, Three Mile Bay, NY

Richard Zeitoun, Larchmont, NY

*Public Member

TERM

04/01/05 03/31/10 (2nd)

04/01/05 03/31/10 (2nd)

02/13/07 01/31/12 (1st)

08/01/04 07/31/09 (1st)

06/30/02 06/30/07 (2nd)

11/01/05 10/31/10 (1st)

06/30/02 06/30/07 (2nd)

02/13/07 01/31/12 (1st)

12/01/03 11/30/08 (2nd)

12/01/03 11/30/08 (2nd)

11/01/05 10/31/10 (1st)

12/01/03 11/30/08 (2nd)

10/01/06 09/30/11 (2nd)

12/01/03 11/30/08 (2nd)

10/01/06 09/30/11 (2nd)

10/01/06 09/30/11 (2nd)

10/01/06 09/30/11 (2nd)

Current listings of board members are available on the Office of the Professions home page at www.op.nysed.gov.

http:www.op.nysed.gov

TABLE OF CONTENTS

Welcome .1

Office of the Professions Strategic Plan .......3

Authorized Prescribers .9

Professional Misconduct .34

Page Reference to Laws, Rules and Regulations ..38

Laws and Regulations Specific to Pharmacy 42

Address/Name Change Form .End

Who to Contact for Answers ....4

The Profession of Pharmacy 8

Required Reporting .... 10

Discontinuation Process for Pharmacies, Manufacturers, Repackers and Wholesalers ..11

General Information Sources . 12

Questions And Answers For Pharmacists And Pharmacies .. 14

Continuing Education Questions and Answers for Pharmacists .... 20

Electronic Transmittal of Prescriptions Questions and Answers ... 28

Reporting Professional Misconduct or Unlicensed Practice .......34

Professional Assistance Program ...36

Laws Regarding Continuing Education ... 57

Laws, Rules and Regulations Applicable to All Professions ...80

FOR FUTURE REFERENCE

IN THE EVENT OF AN EMERGENCY that impacts the licensed professions, the Office of the Professions will provide important information, specific to the situation, through our Web site (www.op.nysed.gov), our automated phone system (518-474-3817), and/or our regional offices. This information will include emergency provisions for professional practice as well as updates on scheduled events and services (licensing examinations, professional discipline proceedings, examination reviews, etc.).

http:www.op.nysed.gov

Sincerely, Johanna Duncan-Poitier Deputy Commissioner Office of the Professions and

Office of Higher Education

WELCOME MESSAGE FROM THE DEPUTY COMMISSIONER

Dear New Professional Licensee:

On behalf of the New York State Board of Regents and the Education Department, I welcome you into the community of New York State licensed professionals. You have worked hard to earn your new professional license. Congratulations on your achievement! In New York State, through the Education Department's Office of the Professions, the Board of Regents licenses and regulates 44 professions and 31 related certificate areas, including:

Pharmacists, occupational therapists, nurses, certified social workers and other professionals who safeguard our health and well being.

Accountants and other professionals who ensure the integrity of our business affairs. Architects, engineers, and other professionals who keep our roads and buildings safe.

Since 1891, New Yorks Board of Regents has ensured public protection, quality of professional preparation, and fairness for all professionals. The 16 Regents, representing all regions of the State, oversee the granting of more than 32,000 new licenses each year, registration of all 670,000 professionals every 2 or 3 years, and the investigation of over 7,000 professional misconduct complaints every year. You join the community of other active professionals in New York State, more than 19,000 of whom are pharmacists.

Your license carries with it certain expectations and responsibilities. It represents both your basic qualifications and your commitment to maintaining your competence and rendering quality professional services throughout your career. To support you in meeting your professional responsibilities, the Office of the Professions will help keep you up-to-date with changes in your profession through our Web site - www.op.nysed.gov - and at least one informational mailing a year. We will also respond to your questions and process your registration materials promptly. In our efforts to educate the public about their rights to professional services, we provide them with the tools to check the licensure and registration status of professionals and information about reporting professional misconduct and unlicensed practice. Our comprehensive approach will ensure that your professional license is backed by the integrity of an effective, unified system of professional regulation under the Board of Regents that has the protection of the public at its heart.

Congratulations again on your new profession and best wishes for a long and satisfying career.

1

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WELCOME MESSAGE FROM THE EXECUTIVE SECRETARY

Dear New Professional Licensee:

On behalf of the New York State Board of Pharmacy, I would like to welcome you to the practice of the profession of pharmacy in New York State. The State Board of Pharmacy, comprised of at least eleven members, including nine licensed pharmacists and at least two public members, assist the Board of Regents and the Department in the re