Sec. 910.6. Dispensing upon official New York State prescription and out-of-state prescription

(a) Dispensing.

(1) A licensed, registered pharmacist, or a pharmacy intern acting in conformity with the provisions of section 6806 of the Education Law and regulations thereunder in a registered pharmacy may, in good faith and in the course of his or her professional practice, sell and dispense a drug pursuant to an official New York State prescription, an out- of-state prescription, or a prescription issued in accordance with section 910.2(d) of this Part from a registered facility exempted by the department from the requirement for its staff practitioners to prescribe on an official New York State prescription. Such dispensing shall be in conformity with section 6810 of the New York State Education Law and section 21 and article 33 of the New York State Public Health Law.

(2) Effective until October 19, 2006, such pharmacist or pharmacy intern may dispense a written prescription that has not been issued on an official New York State prescription or an out-of-state prescription provided that:

(i) the prescription is not for a controlled substance;

(ii) the prescription is treated as a written memorandum of an oral prescription; and

(iii) the pharmacy notifies the department of the name of the prescribing practitioner in a manner approved by the department.