Transfer of Refills

There is yet another way that a pharmacy may receive prescription information: by transfer from another pharmacy. This may occur only if the patient agrees to it or requests it. The procedure is very detailed and presented in its entirety below. Note that a pharmacist may neither fill from the other pharmacy’s label, nor from a photocopied prescription.

For many years, New York limited prescription transfers to one refill at a time with any remaining refills staying with the original pharmacy. In 2025, New York changed this rule to include all remaining refills.[1] This is very close to the federal Drug Enforcement Administration rule for transfers of controlled substance refills which differs in very minor details.[2] DEA explicitly states that its transfer regulation may only be utilized if allowable under state law. New York controlled substance law has not explicitly stated that refill transfers are permitted.

The transfer may be made orally, in writing, by fax or by electronic transmission if all the details are accounted for. The transaction must be between pharmacists apparently excluding interns. The information includes:

(b) The transferring pharmacist shall invalidate the original prescription and record on the prescription:

i) Notation of transfer;

ii) Name, address and telephone number of recipient pharmacy;

iii) Name of receiving pharmacist;

iv) Name of transferring pharmacist;

v) Date of transfer.

(c)  The pharmacist receiving shall:

i) Obtain all information required of any prescription as provided in Regents Rules 29.7(a)(1);

ii) Place words “transfer” on the face of the hard copy;   

iii) Record date of original and most recent refill;

iv) Transferring pharmacy’s name and address;

v) Original prescription number;

vi) Name of transferring pharmacist;

vii) Name of receiving pharmacist;

This information may be recorded in written or electronic media.

[1] 8 NYCRR §63.6(a)(8).
[2] 21 CFR 1306.25

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Pharmacy Law is published as an educational service to the pharmacy community in New York State. Its sole purpose is to promote an understanding of the laws, rules, and regulations that affect the practice of pharmacy in New York. The advisory board, authors and the University at Buffalo do not hold themselves out as offering legal advice. Readers should seek counsel for specific legal questions or concerns.