N.Y. Public Health Law § 3305: Exemptions

§ 3305. Exemptions. 1. The provisions of this article restricting the

possession and control of controlled substances and official New York

state prescription forms shall not apply:

(a) to common carriers or to warehousemen, while engaged in lawfully

transporting or storing such substances, or to any employee of the same

acting within the scope of his employment; or

(b) to public officers or their employees in the lawful performance of

their official duties requiring possession or control of controlled

substances; or

(c) to temporary incidental possession by employees or agents of

persons lawfully entitled to possession, or by persons whose possession

is for the purpose of aiding public officers in performing their

official duties.

(d) to a duly authorized agent of an incorporated society for the

prevention of cruelty to animals or a municipal animal control facility

for the limited purpose of buying, possessing, and dispensing to

registered and certified personnel, ketamine hydrochloride to

anesthetize animals and/or sodium pentobarbital to euthanize animals,

including but not limited to dogs and cats. The department shall,

consistent with the public interest, register such duly authorized agent

and such agent shall file, on a quarterly basis, a report of purchase,

possession, and use of ketamine hydrochloride and/or sodium

pentobarbital, which report shall be certified by the society for the

prevention of cruelty to animals or municipal animal control facility as

to its accuracy and validity. This report shall be in addition to any

other record keeping and reporting requirements of state and federal law

and regulation. The department shall adopt rules and regulations

providing for the registration and certification of any individual who,

under the direction of the duly authorized and registered agent of an

incorporated society for the prevention of cruelty to animals, or

municipal animal control facility, uses ketamine hydrochloride to

anesthetize animals and/or sodium pentobarbital to euthanize animals,

including but not limited to dogs and cats. The department may also

adopt such other rules and regulations as shall provide for the safe and

efficient use of ketamine hydrochloride and/or sodium pentobarbital by

incorporated societies for the prevention of cruelty to animals and

animal control facilities. Nothing in this paragraph shall be deemed to

waive any other requirement imposed on incorporated societies for the

prevention of cruelty to animals and animal control facilities by state

and federal law and regulation.

2. The commissioner may, by regulation, provide for the exemption from

all or part of the requirements of this article the possession of

substances in schedule III or IV and use thereof as part of an

industrial process or manufacture of substances other than drugs. The

commissioner may impose such conditions upon the granting of such

exemption as may be necessary to protect against diversion or misuse of

the controlled substance.

3. The commissioner is hereby authorized and empowered to make any

rules, regulations and determinations permitting the following

categories of persons to obtain, dispense and administer controlled

substances under such conditions and in such manner as he shall

prescribe:

(a) a person in the employ of the United States government or of any

state, territory, district, county, municipal, or insular government,

obtaining, possessing, dispensing and administering controlled

substances by reason of his official duties;

(b) a master of a ship or a person in charge of any aircraft upon

which no physician is regularly employed, or to a physician or surgeon

duly licensed in any state, territory, or the District of Columbia to

practice his profession, or to a retired commissioned medical officer of

the United States army, navy, or public health service, employed upon

such ship or aircraft, for the actual medical needs of persons on board

such ship or aircraft when not in port.

(c) a person in a foreign country in compliance with the provisions of

this article.

4. The provisions of this article with respect to the payment of fees

and costs shall not apply to the state of New York or any political

subdivision thereof or any agency or instrumentality of either.