1)  A written or oral prescription is issued in circumstances where electronic prescribing is not available due to temporary technological or electrical failure. (Public Health Law Section 281(3)(b))

(2)  A written or oral prescription is issued by a practitioner under circumstances where, notwithstanding the practitioner's present ability to make an electronic prescription, such practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition. (Public Health Law Section 281(3)(d))

(3)   A written or oral prescription is issued by a practitioner to be dispensed by a pharmacy located outside the state.  (Public Health Law Section 281(3)(e))

Please note that practitioners that have been granted a one-year waiver from mandatory e-prescribing are not required to provide notice to BNE of the use of oral or written prescriptions.  Further, practitioners practicing in a nursing home or residential health care facility that is subject to the blanket e-prescribing waiver established by the Department pursuant to letter dated March 16, 2016, are also not required to provide notice to BNE of the use of oral or written prescriptions. 

Content of Email

The email should be sent to [email protected] and must contain the following information:

• A recitation of the following: "This is a notification to the Department of Health pursuant to Public Health Law Section 281(4) or (5)."
• The name of the practitioner
• The license number of the practitioner 
• The telephone number of the practitioner
• The preferred work e-mail address of the practitioner
• The work address of the practitioner 
• The initials (only) of the patient (the Department has requested that no patient confidential information be included in such emails)
• The reason for the exemption, including the citation to Public Health Section 281(3)(b), (d) or (e) (as noted above)

 Practitioners are also advised to make a notation in the patient's chart whenever an oral or written prescription is issued pursuant to an e-prescribing exception.

Timeframes

With respect to oral or written prescriptions issued in the case of temporary electrical or technological failure (PHL Section 281(3)(b)), practitioners are required to send the above-described email as soon as practicable, but no later than 72 hours following the end of the electrical or technological failure that prevented the issuance of the electronic prescription.

With respect to oral or written prescriptions issued to prevent patient harm because it was impractical to send an electronic prescription in a timely manner (PHL Section 281(3)(d)), practitioners are required to send the above-described email with 48 hours of issue. 

With respect to oral or written prescriptions issued to and dispensed by an out-of-state pharmacy (PHL Section 281(3)(e)), practitioners are required to send the above-described email within 48 hours of issue.

For more information on the new notification process, please refer to FAQs for Electronic Prescribing of Controlled Substances (see questions #136-152).  The FAQ document may be downloaded from the BNE website at (https://www.health.ny.gov/professionals/narcotic/electronic_prescribing/)