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This entry was published on 2014-09-22
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SECTION 6807
Exempt persons; special provisions
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 137
§ 6807. Exempt persons; special provisions. 1. This article shall not
be construed to affect or prevent:

a. Unlicensed assistants from being employed in licensed pharmacies
for purposes other than the practice of pharmacy;

b. Any physician, dentist, veterinarian or other licensed health care
provider legally authorized to prescribe drugs under this title who is
not the owner of a pharmacy or who is not in the employ of such owner,
from supplying his patients with such drugs as the physician, dentist,
veterinarian or other licensed health care provider legally authorized
to prescribe drugs under this title deems proper in connection with his
practice, provided, however, that all such drugs shall be dispensed in a
container labeled with the name and address of the dispenser and
patient, directions for use, and date of delivery, and in addition, such
drug shall bear a label containing the proprietary or brand name of the
drug and, if applicable, the strength of the contents, unless the person
issuing the prescription specifically states on the prescription in his
own handwriting, that the name of the drug and the strength thereof
should not appear on the label; provided further that if such drugs are
controlled substances, they shall be dispensed pursuant to the
requirements of article thirty-three of the public health law;

c. Any merchant from selling proprietary medicines, except those which
are poisonous, deleterious or habit forming, or materials and devices
specifically exempted by regulations of the department or by the public
health law;

d. Any personnel in an institution of higher learning from using
prescription-required drugs on the premises for authorized research,
experiments or instruction, in accordance with the department's
regulations and, if such drugs are controlled substances, in accordance
with title III of article thirty-three of the public health law; or

e. The necessary and ordinary activities of manufacturers and
wholesalers, subject to the provisions of article thirty-three of the
public health law.

2. a. Notwithstanding the provisions of paragraph b of subdivision
one of this section, no prescriber who is not the owner of a pharmacy or
who is not in the employ of such owner, may dispense more than a
seventy-two hour supply of drugs, except for:

(1) persons practicing in hospitals as defined in section twenty-eight
hundred one of the public health law;

(2) the dispensing of drugs at no charge to their patients;

(3) persons whose practices are situated ten miles or more from a
registered pharmacy;

(4) the dispensing of drugs in a clinic, infirmary or health service
that is operated by or affiliated with a post-secondary institution;

(5) persons licensed pursuant to article one hundred thirty-five of
this title;

(6) the dispensing of drugs in a medical emergency as defined in
subdivision six of section sixty-eight hundred ten of this article;

(7) the dispensing of drugs that are diluted, reconstituted or
compounded by a prescriber;

(8) the dispensing of allergenic extracts; or

(9) the dispensing of drugs pursuant to an oncological or AIDS
protocol.

b. The commissioner, in consultation with the commissioner of health,
may promulgate regulations to implement this subdivision and may, by
regulation, establish additional renewable exemptions for a period not
to exceed one year from the provisions of paragraph a of this
subdivision.

3. A pharmacist may dispense drugs and devices to a registered
professional nurse, and a registered professional nurse may possess and
administer, drugs and devices, pursuant to a non-patient specific
regimen prescribed or ordered by a licensed physician or certified nurse
practitioner, pursuant to regulations promulgated by the commissioner
and the public health law.