New York Prescription Monitoring Program: Access, Records, and Privacy

The New York Prescription Monitoring Program is a real-time state database that records every Schedule II, III, and IV controlled substance prescription dispensed in New York, and most prescribers are required by law to check it before writing a new prescription for one of those drugs.1New York State Department of Health. New York Prescription Monitoring Program Registry The program grew out of the Internet System for Tracking Over-Prescribing Act (I-STOP), signed into law in 2012, which replaced an older paper-based reporting process. The Department of Health runs it, and it touches almost everyone who prescribes, dispenses, or fills a controlled substance in the state.

What the Registry Tracks

The database covers controlled substances classified under New York Public Health Law Article 33, specifically those on Schedules II, III, and IV. Schedule II includes drugs with the highest abuse potential that still have accepted medical uses, such as oxycodone and methylphenidate. Schedule III covers substances like certain codeine combinations. Schedule IV includes benzodiazepines and similar medications. Schedule V substances carry a lower risk of dependence and are not subject to the mandatory consultation rule.2New York State Senate. New York Public Health Law PBH 3343-A – Prescription Monitoring Program Registry

Every time a pharmacy fills a covered prescription, it has 24 hours to transmit the record to the Department of Health.3New York State Department of Health. Electronic Data Transmission The record captures:

  • Patient name, residential address, date of birth, and gender
  • The date the prescription was written and the date it was dispensed
  • The drug name or identifier, the metric quantity dispensed, and the days’ supply
  • The prescriber’s name and DEA number
  • How the prescription was paid for

The payment field matters more than it looks. A patient who consistently pays cash rather than running prescriptions through insurance can trigger a flag, because cash payments across multiple pharmacies are a recognized indicator of diversion or doctor-shopping behavior.2New York State Senate. New York Public Health Law PBH 3343-A – Prescription Monitoring Program Registry

When Prescribers Have to Check the Registry

Every practitioner in New York must consult the registry before prescribing or dispensing a Schedule II, III, or IV controlled substance. The statute uses “shall,” so it is not discretionary. Physicians, physician assistants, nurse practitioners, dentists, and other licensed prescribers all fall under the mandate.2New York State Senate. New York Public Health Law PBH 3343-A – Prescription Monitoring Program Registry A prescriber who skips the check risks professional discipline through the state’s existing misconduct framework, though the statute does not set a specific fine. Prescribers can also check voluntarily before writing for a Schedule V drug, even though the law does not require it there.

The law carves out specific situations where a lookup is not required:

  • Veterinarians prescribing for animals
  • Controlled substances administered directly by the practitioner during a procedure
  • Prescriptions for use on the premises of an institutional dispenser, such as a hospital inpatient unit
  • Emergency department prescriptions, as long as the supply does not exceed five days
  • Patients in hospice care
  • Short-term prescriptions of five days or less, when the prescriber cannot reasonably access the registry and no designee is available
  • Times when the registry itself is down or the prescriber experiences a technological failure
  • Practitioners who have received a commissioner’s waiver for technological limitations beyond their control

The emergency department and short-term-supply carveouts share the same five-day ceiling. Cross that line and the exemption disappears, which means the PMP check becomes mandatory again.2New York State Senate. New York Public Health Law PBH 3343-A – Prescription Monitoring Program Registry

Who Can See Your PMP Records

Access is tightly controlled under Public Health Law Section 3371, which lists every category of person or entity authorized to view the data. Everyone else is locked out. The authorized categories are:

  • Practitioners and pharmacists, for purposes of patient care
  • Designees, meaning authorized staff running searches on behalf of a practitioner or pharmacist
  • Department of Health staff carrying out Article 33 duties
  • Law enforcement, but only with a judicial subpoena or court order tied to a criminal investigation
  • The Deputy Attorney General for Medicaid Fraud Control, under an agreement with DOH, for Medicaid fraud, waste, or abuse investigations
  • Local health departments, for public health research or education, under an agreement with the commissioner
  • Medical examiners and coroners performing their official duties
  • You, for your own records

Law enforcement access is the point that generates the most confusion. Police and prosecutors cannot browse the database on a hunch; they need a judicial subpoena or court order in a specific criminal case.4New York State Senate. New York Public Health Law PBH 3371 – Confidentiality of Certain Records, Reports, and Information

Prescribers in New York can also see controlled substance prescriptions you have filled in other states. The PMP InterConnect network, operated by the National Association of Boards of Pharmacy, links participating state programs so a single query returns multi-state results. As of April 2026, more than 45 jurisdictions participate.5National Association of Boards of Pharmacy. PMP InterConnect

How to Request Your Own Prescription History

Section 3371 of the Public Health Law gives you the right to obtain your own controlled substance history from the registry.4New York State Senate. New York Public Health Law PBH 3371 – Confidentiality of Certain Records, Reports, and Information You start by filling out the Department of Health’s DOH-5089 form. The application asks for your full legal name, residential address history, and identifying information sufficient for the department to match you to your records. Listing previous addresses matters, because prescriptions filled near an old address may be filed under that location.

The completed form has to be notarized before you send it in. In New York, a notary public can charge no more than $2 per notarial act unless another law specifically authorizes a higher fee.6New York Department of State. Notary Public Frequently Asked Questions Bring a valid government-issued photo ID to the notary.

Once notarized, mail the form to the Bureau of Narcotic Enforcement in Albany. The department verifies your information and generates a Patient Activity Report listing your controlled substance history as recorded in the registry. Processing typically runs about ten to fifteen business days from the date the bureau receives your application. The report comes back by secure mail to the address on your form, since it contains protected health information.

Fixing Errors on Your Report

Review the report when it arrives, because mistakes do happen. A pharmacy may enter the wrong date, a prescriber’s name can be misspelled, or a prescription you never filled may show up. Public Health Law Section 3343-a references a process for individuals to challenge the accuracy of their histories, and Section 3371 authorizes the Department of Health to share information with practitioners and pharmacists to facilitate those challenges.4New York State Senate. New York Public Health Law PBH 3371 – Confidentiality of Certain Records, Reports, and Information

Federal law adds a separate right under HIPAA to request amendments to your protected health information. If you ask a covered entity, such as a pharmacy or healthcare provider, to amend a record, that entity must act on your request within 60 days. It can extend the deadline by up to 30 additional days, but only once, and it has to notify you in writing with the reason.7eCFR. 45 CFR 164.526 – Amendment of Protected Health Information

If the entity denies your request, the denial must be in writing and explain the basis for the decision. You then have the right to submit a written statement of disagreement, which must be attached to or linked with the disputed record for future disclosures. An entity may deny an amendment only if the information is accurate and complete, was not created by the entity, is not part of the designated record set, or would not otherwise be available for you to inspect under federal rules.7eCFR. 45 CFR 164.526 – Amendment of Protected Health Information

Extra Privacy for Substance Use Treatment Records

If you receive treatment for a substance use disorder, federal rule 42 CFR Part 2 gives you an additional layer of protection. A Part 2 treatment program can report medications it prescribes or dispenses to a state PMP, but only when state law requires the reporting and only after obtaining your written consent.8eCFR. 42 CFR Part 2 – Confidentiality of Substance Use Disorder Patient Records New York does require PMP reporting for controlled substances, so this consent requirement is directly relevant for patients in covered programs here.

The consent has to meet the specific requirements of 42 CFR Section 2.31, which means it must identify the information being disclosed, who will receive it, and the purpose of the disclosure. A general treatment consent form will not satisfy the rule. The 2024 amendments to Part 2 did not change this, so the patient consent requirement for PMP disclosures from Part 2 programs remains in effect through 2026.