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Phone in Benzo from NY
Started by RxRetailRx
You are only required to follow Florida law not New York law.
If you want to follow NY law, I think they can phone in a 5 day supply if this is an emergency as long as you get a hard copy from them within 72 hours.
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Good to know. I was not aware. Following Fl law makes sense. You're not required to know NY law. How would you even know?
However, did that prescriber in New York violate New York law by calling in a prescription for a C-II to be filled as a C-IV in Fl?
My question is then, is that oral prescription even valid per New York law, in the first place?
That makes sense, too. But what would trigger any of us to ask for a hard copy? I suppose I am asking what are the DEA and state boards of pharmacies expecting pharmacists to do? He knew about it. I didn't until now. I would have just taken it, filled it and gone on with my day.
Yes, you can call in BZDs in NY. You must go by the most stringent rules; state (NY that is) is emergency period only up to 5 days max (company policy/CVS is max 72 hour supply). Must receive hard copy within 72 hours (good luck with that). Go by FL law though
The DEA doesn't care about state laws. NY BOP has no authority over Florida pharmacists. Although an out of state provider calling in a controlled substance could be a red flag, so it might be worth following up and getting some documentation for medical necessity/proper prescriber-patient relationship to CYA.
What if someone has both FL and NY license, do they need to follow the most stringent one or follow the state law where they practice ?
Your state's laws 
you follow the state you are working in.
There is no reason you as a rph in florida would never "get in trouble" for not following another state's law. The prescriber potentially could - but you did zero wrong - I worked at a border state where in one state Np's couldn't write for for C-II's but in the other state they could. THey would write the RX and send the patient over the river to come to us and we could fill.
There is no reason you as a rph in florida would never "get in trouble" for not following another state's law. The prescriber potentially could - but you did zero wrong - I worked at a border state where in one state Np's couldn't write for for C-II's but in the other state they could. THey would write the RX and send the patient over the river to come to us and we could fill.
Wow.
I thought Lnsean was being intentionally difficult in that other thread, but apparently people do have this sort of difficulty with the concept.
You must obey the law in the place where your physical body is located during the act.
