New York Publishes Proposed Rule Regarding Pharmacy Shared Services Arrangements

On September 24, 2025, the New York Education Department published a Proposed Rule addressing shared pharmacy services. The Proposed Rule conforms the state pharmacy regulations with the recent statutory changes that permit shared pharmacy service arrangements in New York. These statutory changes, captured in Chapter 491 of the Laws of 2024 (Chapter 491), will take effect on May 26, 2026.

The Proposed Rule mirrors the requirements already addressed in Chapter 491 and revises the registration requirements found in Section 63.8 of the Regulations of the Commissioner of Education, requiring nonresident establishments that participate in shared pharmacy services to register as a nonresident pharmacy with the Education Department.

The Proposed Rule also enacts a new Section 63.18, outlining the requirements for the provision of shared pharmacy services. These requirements are identical to those proposed in Chapter 491, and include:

• Labeling Requirements. All pharmacies involved in the dispensing and filling of the prescription must be listed with their name and registration number of the pharmacy on the label.
• Patient Consent and Notice. Pharmacies are required to notify patients if their prescription will be processed or filled off premises. Critically, pharmacies must obtain one-time consent from the patient to fill current and future prescriptions via shared pharmacy services. This consent may be obtained in writing or electronically. Patients must have the ability to opt-out.
• Tracking System. Pharmacies must identify and keep records of each pharmacy and individual participating in the filling or processing of the prescription.
• Policies and Procedures. Pharmacies are required to develop and adhere to detailed joint policies and procedures outlining, among other items, responsibilities for each pharmacy participating in shared pharmacy services, maintenance of patient records, data sharing parameters, and patient notification.

Comments can be submitted to the NYS Education Department for 60 days after publication of this notice, due by November 23, 2025. Comments can be submitted via email to: EGCOMMENTS@nysed.gov.

If you or your organization has questions or would like to further discuss potential impacts of the new law, please contact your Quarles attorney or:

• Susan Brichler Trujillo: (602) 229-5318 / susan.trujillo@quarles.com
• Nick Meza: (602) 229-5439 / nicholas.meza@quarles.com
• Shaylynn Veeder: (602) 229-5608 / shaylynn.veeder@quarles.com