Where the registry is not operational or cannot be accessed due to a temporary technological or electrical failure.Practitioner who has been granted a waiver due to technological limitations not within the control of the practitioner, or other exceptional circumstance demonstrated by the practitioner pursuant to a process established in regulation by Health Commissioner and.Where consultation of the registry would result in a patient’s inability to obtain a prescription in a timely manner, thereby adversely impacting the patient’s medical condition (acting in compliance with regulations to be developed by Health Commissioner).Not reasonably possible to access the registry in a timely manner, where there is no other practitioner or designee reasonably available to access the database, and supply is limited to 5 days.The prescription is being written for a hospice patient.The prescription is being written in an emergency room setting and is for no more than a five day supply of medication.
Prescribing or ordering a controlled substance for use within an institution (hospital or clinic). The controlled substance is being administered in the prescriber’s office. Dispensing methadone or such other controlled substance designated by the commissioner as appropriate for such use may be ordered for use of an addict by a practitioner and dispensed or administered by a practitioner or his designated agent as interim treatment for an addict on a waiting list for admission to an authorized maintenance program. There are several exceptions to the “duty to consult”. Importantly, as a result of MSSNY advocacy, prescribers may delegate the responsibility to consult the database to a member of their office staff recognizing that the prescriber remains ultimately responsible for confidentiality of information. Additionally, pharmacists will have access to the registry (which they do not currently). The law specifically prohibits funding of the operation of the database by fees imposed on prescribers.īeginning August 27, 2013, prescribers will have a duty to consult the database prior to prescribing Schedule II, III and IV controlled substances. The existing prescription monitoring registry will be enhanced to include information about dispensed controlled substances reported by pharmacies on a “real time” basis (to be defined in regulation) unlike current law where pharmacies must report on the 15th of the month following the month in which the prescription was dispensed. 
This law requires the creation of a “real time” prescription tracking system to provide enhanced information to prescribers and pharmacists concerning prescriptions obtained by patients for controlled substances. The I-STOP bill, Chapter 447, Laws of 2012 was signed into law on August 27, 2012.
Law- “Duty To Consult” Provision Effective August 27, 2013.99 WASHINGTON AVENUE, SUITE 408, ALBANY, NY 12210
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