State Overview: New York

State law or statute prohibits or limits the use of prior authorization for buprenorphine containing products by either the state Medicaid plan or private insurance companies.

A plan may not impose prior authorization for an initial or renewal prescription for all buprenorphine products, methadone or long-acting injectable naltrexone for detoxification or maintenance treatment of SUD. N.Y. Insurance Law §3216(i)(31-a)

Medicaid managed care and fee for-service may not require prior authorization for preferred and formulary forms of buprenorphine or injectable naltrexone for detoxification or maintenance treatment for opioid addiction. N.Y. Social Services Law §364-j(26-b); N.Y. Public Health Law §273(10)

New York credentials one type of addiction counselor. A Credentialed Alcoholism and Substance Abuse Counselors requires, at minimum, a high school diploma, 350 hours of relevant education courses and 6,000 hours of experience. A higher-level degree can substitute the number of hours (i.e. a person with a bachelor's degree needs 4,000 hours). N.Y. Mental Hygiene Law §19.07 and New York State Office of Alcoholism and Substance Abuse Services Credentialing Unit

Mental health counselors evaluate, assess, treat, disorders of behavior, character, development, emotion, personality or relationships by the use of verbal or behavioral methods with individuals, couples, families or groups in private practice, group, or organized settings. The use of assessment instruments and mental health counseling allows counselors to identify, evaluate and treat dysfunctions and disorders for purposes of providing appropriate mental health counseling services. In order to diagnose, a mental health counselor must have filled out an application, be licensed in the state of NY, completed the various educational and experience requirements and pay a fee. N.Y. Education Law §8402

The standards for the certification of recovery peer advocates, including experience, training, and supervision requirements, are developed and administered by a third-party, non-profit certification provider.

Full independent practice and prescriptive authority.

A midwife shall still have collaborative relationships with (i) a licensed physician who is board certified as an obstetrician-gynecologist by a national certifying body or (ii) a licensed physician who practices obstetrics and has obstetric privileges at a general hospital licensed under article twenty-eight of the public health law or (iii) a hospital, licensed under article twenty-eight of the public health law, that provides obstetrics through a licensed physician having obstetrical privileges at such institution, that provide for consultation, collaborative management and referral to address the health status and risks of his or her patients and that include plans for emergency medical gynecological and/or obstetrical coverage.

Licensed midwives may prescribe medications and order diagnostic tests within their scope of practice and consistent with their practice. This includes both controlled and non-controlled substances. N.Y. Education Law §6951

Transition to independent practice and prescribing period required.

The practice of registered professional nursing by an NP, may include the diagnosis of illness and physical conditions and the performance of therapeutic and corrective measures within a specialty area of practice, in collaboration with a licensed physician qualified to collaborate in the specialty involved, provided such services are performed in accordance with a written practice agreement and written practice protocols. Prescribing must also take place in accordance with written practice protocols. After practicing for more than three thousand six hundred hours shall not be required to collaborate with a physician, a written practice agreement and written practice protocols. N.Y. Education Law §6903

NPs are authorized to sign medical orders for life-sustaining treatment forms. N.Y. Public Health Law §2994-a

NPs are recognized in state policy as primary care providers. A primary care provider means a physician or nurse practitioner providing primary care to and management of medical and health care services of a patient. N.Y. Rules tit. 18, §360-10.3

Physician relationship required for practice authority; not eligible for prescriptive authority unless certified as an ACNP.

CRNAs are not explicitly recognized in the New York nursing statute or rules, but they are recognized in the state’s hospital and ambulatory surgery centers regulations. They are qualified by virtue of their education, training and national certification to provide anesthesia services in health care facilities regulated by the New York State Department of Health. 10 N.Y.C.R.R. §700.2(a)(22)

Anesthesia services may be administered by CRNAs if supervision is provided by the operating physician in hospitals ( 10 N.Y.C.R.R. §405.13 ) and in ambulatory surgery centers ( 10 N.Y.C.R.R. §755.4 ).

CRNAs do not have prescriptive authority under their CRNA licensure. They may be licensed as acute care nurse practitioners, allowing them to apply for a DEA number to order or prescribe medications (including agents classified by the FDA as anesthetics). NY State Association of Nurse Anesthetists

Optometrists may only perform procedures related to foreign body removal and the examination, evaluation, diagnosis and treatment of the human eye. N.Y. Education Law §7101

Optometrists may not administer any medication by injection. N.Y. Education Law §7101

Optometrists have no narcotic authority. N.Y. Education Law §7101

A dental hygienist can initiate care in public or private settings. A dentist must authorize procedures and be available for consultation, diagnosis and evaluation. N.Y. Education Law §6606, N.Y. Rules §61.9

Statute does not identify dental therapists as an oral health provider.

Licensed dentists may provide teledentistry services and may be reimbursed by Medicaid. N. Y. Public Health Law §2999-CC

Pharmacists may administer the COVID-19 vaccine if a licensed physician has prescribed and ordered a patient to receive the vaccine. N.Y. Education Law §6527(7)

New York does not allow pharmacists to modify prescriptions.

New York does allow pharmacists to prescribe hormonal contraceptives. N.Y. Education Law §6527 beginning in November 2024

New York does not allow pharmacists to prescribe tobacco cessation aids.

Supervision by a physician required for practice and prescriptive authority.

A PA may perform medical services, but only when under the supervision of a physician and only when such acts and duties as are assigned to such physician assistant are within the scope of practice of such supervising physician. N.Y. Education Law §6542

A licensed PA, in good faith and acting within his or her lawful scope of practice, and to the extent assigned by his or her supervising physician, may prescribe controlled substances as a practitioner under article thirty-three of this chapter, to patients under the care of such physician responsible for his or her supervision. N.Y. Public Health Law §3702(1),(3)

Statute limits the number of PAs a physician may supervise.

No physician shall employ or supervise more than six physician assistants such physician's private practice at one time. Nothing in this article shall prohibit a hospital from employing physician assistants if they work under the supervision of a physician designated by the hospital and not beyond the scope of practice of such physician. The limitation  shall not apply to services performed in a hospital. N.Y. Education Law §6542 (3)-(5) 

Chart co-signatures may be determined at the practice level.

A licensed PA employed or extended privileges by a hospital may, if permissible under the bylaws, rules and regulations of the hospital, write medical orders, including those for controlled substances, for inpatients under the care of the physician responsible for his or her supervision. Countersignature of such orders may be required if deemed necessary and appropriate by the supervising physician or the hospital, but in no event shall countersignature be required prior to execution. N.Y. Public Health Law §3702(1)

Statute allows adaptable proximity.

Supervision shall be continuous but shall not be construed as necessarily requiring the physical presence of the supervising physician at the time and place where such services are performed. N.Y. Education Law §6542(2)

The PA may perform medical services and acts that are delegated by the supervising physician and are within the scope of practice of the physician. N.Y. Education Law §6542(1)