Sec. 910.4. Issuance of official New York State prescription forms and facility labels

(a) Issuance of official New York State prescription forms to registered practitioners or official New York State prescription forms or facility labels to registered facilities.

(1) The department will issue official New York State prescription forms free of charge only to registered practitioners and registered facilities in this State. The department will issue facility labels free of charge only to registered facilities exempted under section 910.2(a) of this Part. Such forms and labels shall not be transferable. The number of official prescription forms or facility labels issued to a registered practitioner or registered facility at any time shall be at the discretion of the department.

(2) Official New York State prescription forms shall be imprinted only with the primary address and other addresses listed on the registration of the facility or practitioner. Such prescriptions and facility labels shall be sent only to the primary address of the registered practitioner or registered facility.

(3) Official New York State prescription forms issued to a practitioner may be used only by the practitioner(s) to whom they are issued. Official prescriptions or facility labels issued to a facility may be used by staff practitioners only for patients of the registered facility.

(4) The department may determine that certain official New York State prescription forms or facility labels shall be valid for a limited period of time.

(5) The department may revoke or cancel official New York State prescription forms or facility labels in possession of registered practitioners or registered facilities when the license of such practitioner or facility is suspended, terminated, or revoked.

(6) Official New York State prescription forms or facility labels of registered facilities that are no longer operating or of registered practitioners who are deceased or who no longer prescribe shall be returned to the Bureau of Narcotic Enforcement, NYS Department of Health or its designee, at a designated address. If the registered practitioner is deceased, it is the responsibility of the registered practitioner's estate or lawful designee to return such forms.

(b) Notwithstanding any other provision of this Part, the department may issue official prescription forms or facility labels to employees or agents of the department and other government agencies for the purpose of preventing, identifying, investigating and prosecuting unacceptable or illegal practices by providers and other persons and assisting in the recovery of overpayments under any program operated by the State or paid for with State funds. Such prescription forms or facility labels shall be issued for this purpose only to individuals who are authorized to conduct investigations on behalf of the department or other government agencies as part of their official duties. Individuals and agencies receiving such prescription forms or facility labels for this purpose shall provide appropriate assurances to the department that adequate safeguards and security measures are in place to prevent the use of such prescription forms or facility labels for anything other than official government purposes.