New York
On October 7, the State Board of Regents voted to amend paragraph (8) of subdivision (a) of section 63.6 of the Regulations of the Commissioner of Education. This amendment, adopted as an emergency rule and effective immediately, requires pharmacists transferring prescriptions to transfer the entire prescription, including all remaining refills, to the new pharmacy chosen by the patient. As an emergency adoption, the amended regulation is now in effect. A Notice of Emergency Adoption and Proposed Rulemaking will be published in the State Register on October 22 for a 60-day public comment period as required under the State Administrative Procedure Act (SAPA). It is anticipated that the regulation will be presented to the Board of Regents for permanent adoption at its February 2026 meeting. Once adopted, the regulation would become permanently effective on February 25, 2026.
The state has also provided the following:
- An advisory notice highlighting key elements of the amendment: https://www.op.nysed.gov/advisory-notice-pharmacists-transferring-prescriptions
- Updated FAQs on prescription transfers, developed with input from the Board's committee https://www.op.nysed.gov/professions/pharmacist/frequently-asked-questions/prescription-refills and https://www.op.nysed.gov/professions/pharmacist/frequently-asked-questions/transfer-of-prescriptions
Also in New York, Gov. Kathy Hochul (D) extended the declaration of a disaster in the state of New York due to federal actions related to vaccine access by issuing Executive Order 52. 1 to continue access to COVID-19 vaccine through November 2.
For more information, please contact NACDS’ Ben Pearlman at 617-515-2603.
