N.Y. Comp. Codes R. & Regs. tit. 14 § 815.9

Current through Register Vol. 46, No. 38, September 18, 2024

Section 815.9 - Patient use of prescription medicine

(a) Patients have the right to use lawfully prescribed and properly monitored medication, including controlled substances, from a duly-authorized medical practitioner(s). For all such patients:

(1) The provider shall document the medication name, purpose, and administration frequency as well as the prescribing practitioner's name, phone number and, if applicable, affiliation;

(2) The provider shall seek to obtain a proper consent from the patient, in accord with 42 CFR Part 2, so that the provider practitioner may consult with the prescribing practitioner and discuss:

(i) the patient's medical condition(s);

(ii) the prescribed medication(s), and available alternatives;

(iii) the best plan of services to be rendered by each practitioner, given the patient's concurrent treatment.

(3) If the patient refuses to consent or if the practitioners cannot agree on concurrent treatment, the provider practitioner shall discuss with the patient the possible risks of continued concurrent treatment. If refusal to consent continues or if the patient opts to continue taking the prescribed medicine in light of the explained possible risks, the provider may consider a recommendation for referral and connection to a more appropriate program.

(b) Inpatient and residential providers shall develop policies and procedures governing the handling and storage of patients' medications, including controlled substances, in accordance with applicable law, regulations and guidance issued by the Office. For such providers to take custody of such medicines lawfully, the provider must register with the New York State Department of Health as an Institutional Dispenser in accordance with the requirements of 10 NYCRR Part 80 and follow all applicable rules relating to storage of such medication.

(c) The provider shall not offer or withhold medical or pharmacological services, including prescribed medicines, for any reason other than medical necessity. The provider shall not delay, postpone, or withhold any prescribed medicine for a patient's non-adherence with a program rule, policy, or procedure. Only duly-authorized medical staff may deliver medical services and/or administer prescribed medicines.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 815.9

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff.9/9/2015

Amended New York State Register April 10, 2019/Volume XLI, Issue 15, eff. 4/10/2019

Amended New York State Register September 14, 2022/Volume XLIV, Issue 37, eff. 10/1/2022