§ 6807 — Exempt persons; special provisions

§ 6807. Exempt persons; special provisions. 1. This article shall not\nbe construed to affect or prevent:\n a. Unlicensed assistants from being employed in licensed pharmacies\nfor purposes other than the practice of pharmacy;\n b. Any physician, dentist, veterinarian or other licensed health care\nprovider legally authorized to prescribe drugs under this title who is\nnot the owner of a pharmacy or who is not in the employ of such owner,\nfrom supplying his patients with such drugs as the physician, dentist,\nveterinarian or other licensed health care provider legally authorized\nto prescribe drugs under this title deems proper in connection with his\npractice, provided, however, that all such drugs shall be dispensed in a\ncontainer labeled with the name and address of the dispenser and\npatient, directions for use, and date of delivery, and in addition, such\ndrug shall bear a label containing the proprietary or brand name of the\ndrug and, if applicable, the strength of the contents, unless the person\nissuing the prescription specifically states on the prescription in his\nown handwriting, that the name of the drug and the strength thereof\nshould not appear on the label; provided further that if such drugs are\ncontrolled substances, they shall be dispensed pursuant to the\nrequirements of article thirty-three of the public health law;\n b-1. Notwithstanding paragraph b of this section, the prescription\nlabel for mifepristone or misoprostol may include the name or address of\nthe dispensing health care practice instead of the name of the\ndispenser.\n c. Any merchant from selling proprietary medicines, except those which\nare poisonous, deleterious or habit forming, or materials and devices\nspecifically exempted by regulations of the department or by the public\nhealth law;\n d. Any personnel in an institution of higher learning from using\nprescription-required drugs on the premises for authorized research,\nexperiments or instruction, in accordance with the department's\nregulations and, if such drugs are controlled substances, in accordance\nwith title III of article thirty-three of the public health law; or\n e. The necessary and ordinary activities of manufacturers and\nwholesalers, subject to the provisions of article thirty-three of the\npublic health law.\n 2. a. Notwithstanding the provisions of paragraph b of subdivision one\nof this section, no prescriber who is not the owner of a pharmacy or who\nis not in the employ of such owner, may dispense more than a seventy-two\nhour supply of drugs, except for:\n (1) persons practicing in hospitals as defined in section twenty-eight\nhundred one of the public health law;\n (2) the dispensing of drugs at no charge to their patients;\n (3) persons whose practices are situated ten miles or more from a\nregistered pharmacy;\n (4) the dispensing of drugs in a clinic, infirmary or health service\nthat is operated by or affiliated with a post-secondary institution;\n (5) persons licensed pursuant to article one hundred thirty-five of\nthis title;\n (6) the dispensing of drugs in a medical emergency as defined in\nsubdivision six of section sixty-eight hundred ten of this article;\n (7) the dispensing of drugs that are diluted, reconstituted or\ncompounded by a prescriber;\n (8) the dispensing of allergenic extracts; or\n (9) the dispensing of drugs pursuant to an oncological or AIDS\nprotocol.\n b. The commissioner, in consultation with the commissioner of health,\nmay promulgate regulations to implement this subdivision and may, by\nregulation, establish additional renewable exemptions for a period not\nto exceed one year from the provisions of paragraph a of this\nsubdivision.\n 3. A pharmacist may dispense drugs and devices to a registered\nprofessional nurse, and a registered professional nurse may possess and\nadminister, drugs and devices, pursuant to a non-patient specific\nregimen prescribed or ordered by a licensed physician or certified nurse\npractitioner, pursuant to regulations promulgated by the commissioner\nand the public health law.\n