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Prescription Copies

The Frequently Asked Questions (FAQs) noted below are not intended to constitute a definitive legal analysis or the Department's position on the various laws and regulations identified. Rather, they are intended to provide general guidance to individuals who are presented with requests for confidential information relating to patient records. If a licensee has any questions about a specific request for records or other personally identifiable patient information, it is recommended they direct such questions to their attorney.

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No. Education Law Section 6810(3) states that "[a] prescription for a controlled substance shall not be furnished to the patient but may be furnished to any licensed practitioner authorized to write such prescription." 

*For the purposes of this section, the term prescription includes both electronic and hard copy prescriptions. 

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Yes. Education Law Section 6810(3) states that "[c]opies of other prescriptions shall be furnished to the patient at [their] request, but such copies are issued for the informational purposes of the prescribers only, and shall be so worded." (Emphasis added). 

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No. However, in very specific instances, copies may be provided within the parameters of the law. For example, it is possible that in applying to participate in any given health plan, a patient, depending upon the specific terms of participation in the plan, may grant consent for copies of non-controlled prescriptions to be provided to the insurer. It is recommended that any individuals who have questions regarding this topic direct such questions to their attorney. 

*For the purposes of this section, the term prescription includes both electronic and hard copy prescriptions.