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  Hi everyone:
  A while ago I posted re Rx and d/birth at local pharmacies being
  a problem.  On a return visit to 5th pharmacy I was greeted by
  yet another NEW female pharmacist who HISSED at me:  "Oh yeah
  lady.  If you do not give your birthdate you do not get your medicine."
   I tried to be soothing and said:  May I have that law, or its
   name, as I am looking for it?  After a few more outbursts her
   coworker interceded and she said she is licensed by the Board
   of Pharmacology, and will lose her license if she does not get
   my birthdate, and I should check with them.
   I was later able to obtain some copies of pages from the Pharmacy
   Handbook of the State Education Dept., Professional Licensing
   Services, via the Office of Professional Discipline here in NY.
   I quote below a portion of what it says (part of which was outlined
   by them for me):  
   29.7  Special provisions for the profession of pharmacy:
   (a)  Unprofessional conduct in the practice of pharmacy shall
   include all conducte prohibited by section 29.1 and 29.2 of this
   Part except as provided in this section, and shall also include
   the following.
   Highlight:  (1)  Dispensing a written prescription which doe
   snot bear the name, address and age of the patient for whom it
   is intended; the date on which it was written; the name, strength,
   if applicable, and the quantity of the drug prescribed; directions
   for use, if applicable, and the name, address, telephone number,
   profession and signature of the prescriber; 
   (end of highlight)
   provided that the pharmacy may write on the prescription the
   address and age of the patient, the strength and quanity of the
   drug prescribed, the directions for use and the prescriber's
   address, telephone number and profession is these are misssing
   or unclear.  If the address and age of the patient and the address,
   telephone number and profession of the prescribe are misssing
   from the prescription, the pharmacist shall nto be required to
   enter any of these items on the prescription if the information
   is otherwise readily available in teh records of the pharmacy.
    Prescription labels must be legible.  A order for a drug to
    be dispensed for an inpatient in a health care facility in accordance
    with written procedures approved by the medical or other authorized
    bozrd of the facility.  The items of information required by
    this paragraph which are found in the records regularly maintained
    by the facility and which are not essential to to the execution
    of the order not neet appear on the order which is transmitted
    to the pharmacy...."
    Can someone please confirm to me that my feeling that I am willing
    to supply my age, but NOT my date of birth, is and should be
    acceptable under the proviso of the above paragraph.  Nowhere
    does it say BIRTHDATE and I believe this is an INVASION OF MY
    PRIVACY to get me into a computer.
    How do I proceed and what do I tell these pharmacists, and especially
    the 4th one who posted a sign on the wall that birthdate is
    needed; according to above, it is NOT--your age should be sufficient.
    Please correct me if I am wrong.
    Many thanks for your previous answers and in advance for your
    replies to above.
  Ann Dellarocco
  Internet: anndell@rdz.stjohns.edu