Can Pharmacists Prescribe in New York? 2026 Scope of Practice Guide
New York Compliance
Last Updated: December 29, 2025

Can Pharmacists Prescribe in New York? 2026 Scope of Practice Guide

4 min readBy Rx Agent Clinical Team
New York Pharmacy LawPharmacist PrescribingTest and TreatPharmacy Billing

Status Check: New York is a Red State. Current Authority Level: Legislation Active (Restricted)

If you are a pharmacist in New York, you are likely leaving revenue on the table—or practicing efficiently but dangerously.

The laws in New York present both opportunities and significant restrictions. While some clinical services are available, Test & Treat authority remains pending legislation. You need to know exactly which protocol protects your license.

Here is the Breakdown of Pharmacist Prescribing Authority for New York.

At-A-Glance: What Can You Prescribe?

Clinical ServiceAuthority StatusProtocol / RequirementBilling Code
Flu/Strep (T&T)❌ NOBill S4501 PendingN/A
Hormonal Contraception✅ YESNon-Patient Specific OrderCPT 99202
Paxlovid (COVID-19)✅ YESStanding OrderCPT 99211
HIV PrEP/PEP⚠️ LimitedCollaborative PracticeN/A
Opioid Antagonist✅ YESStatewide ProtocolProduct Only

1. Test & Treat (Flu / Strep)

The Status: Pending Legislation (Bill S4501)

New York does not currently authorize pharmacists to prescribe treatment for flu or strep. Bill S4501 proposes expanding this authority, but it has not yet passed.

What This Means:

  • Testing services may be available (CLIA-waived).
  • Treatment requires physician prescription.
  • Follow legislative updates for changes.

⚠️ Critical: Do not treat flu or strep without explicit legal authority—your license is at stake.


2. Hormonal Contraception Authority

The Law: Non-Patient Specific Order (Standing Order)

In New York, pharmacists can furnish hormonal contraception under the statewide Non-Patient Specific Order. This includes oral contraceptives, patches, and vaginal rings.

The Protocol: To legally prescribe, you must:

  1. Follow the Non-Patient Specific Order protocol.
  2. Complete required patient screening.
  3. Document the encounter and assessment.

Revenue Potential:

  • Consult Fee: $35-50 (Cash) or CPT 99202 (Medicaid).
  • Product: Standard dispensing margin.

3. Paxlovid (COVID-19 Treatment)

The Law: Standing Order

New York pharmacists can prescribe Paxlovid under the statewide standing order.

Requirements:

  1. Perform renal function assessment.
  2. Screen for drug-drug interactions.
  3. Document the clinical encounter.

Rx Agent Tip: Paxlovid authority is well-established in New York—ensure you have the standing order on file.


4. How to Bill for Services in New York

It is not enough to do the work; you must get paid.

Medicaid Enrollment: To bill NY Medicaid for CPT codes (like 99202, 99211), you must enroll as an Ordering/Referring Provider.

Commercial Payers: Commercial payer recognition of pharmacists varies widely in New York. We recommend billing the patient a cash "Consult Fee" and providing a Superbill using the codes above.


Compliance Checklist for New York

Before you write your first prescription, ensure you have these documents on file:

  • NPI Type 1: Do you have an individual NPI? (Type 2 is for the pharmacy).
  • Standing Orders: Do you have current standing orders for contraception and Paxlovid?
  • Liability Insurance: Does your policy cover "Prescribing" or just "Dispensing"?
  • CLIA Waiver: Is your pharmacy registered as a laboratory?
  • Legislative Updates: Are you tracking Bill S4501 for Test & Treat expansion?

Need the Official Protocols?

Stop searching through the New York State Education Department website.

Rx Agent has the official, up-to-date Protocols and Standing Orders for New York built right into the chat.

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About the Author

Rx Agent Clinical Team writes about New York pharmacy laws and healthcare compliance for prescribers and pharmacists.