This answer assumes that the pharmacy has asked you to fax back a signed prescription, and that they may have provided their own prescription form.

The most current regulations on faxed prescriptions can be found at http://www.op.nysed.gov/prof/pharm/pharmelectrans.htm.  Paragraphs 7 and 9, included below, pertain to this topic.  (When you're reading the regulations, don’t forget that veterinarians are exempt from the e-prescribing requirements.)

7.    Is a facsimile (fax) prescription considered an electronic prescription?
Answer: NO. Education law section 6802 specifically excludes facsimiles from the definition of an electronic prescription AND requires a manual signature.

9.    What are the requirements for a fax prescription?
Answer: As noted, a facsimile is not considered an electronic prescription and must meet the following criteria:

     a.  Must be an original hard copy prescription transmitted by facsimile from the
          prescriber to the pharmacy
     b.  Must be manually signed by the prescriber
     c.  And if issued in NY must be on an official New York State prescription form.

You can authorize (sign) and return a pharmacy prescription by fax, even though it is not on an official NYS prescription form, only under the following circumstances:

  • the prescription has to be for a non-controlled substance; 
  • the prescription must be a continuation of therapy (exactly the same medication in exactly the same strength as the original prescription);
  • the prescription should not be written for a duration longer than one year from the date that you last examined the patient, unless you have subsequently examined the patient and established a continued need for the medication.