N.Y. Public Health Law § 3331: Scheduled substances administering and dispensing by practitioners

§ 3331. Scheduled substances administering and dispensing by

practitioners. 1. Except as provided in titles III or V of this article,

no substance in schedules II, III, IV, or V may be prescribed for or

dispensed or administered to a person with substance use disorder or

habitual user.

2. A practitioner, in good faith, and in the course of his or her

professional practice only, may prescribe, administer and dispense

substances listed in schedules II, III, IV, and V, or he or she may

cause the same to be administered by a designated agent under his or her

direction and supervision.

3. A veterinarian, in good faith, and in the course of the practice of

veterinary medicine only, may prescribe, administer and dispense

substances listed in schedules II, III, IV, and V or he may cause them

to be administered by a designated agent under his direction and

supervision.

4. No such substance may be dispensed unless it is enclosed within a

suitable and durable container, and:

(a) Affixed to such container is a label upon which is indelibly

typed, printed or otherwise legibly written the following:

(i) the name and address of the ultimate user for whom the substance

is intended, or, if intended for use upon an animal, the species of such

animal and the name and address of the owner or person in custody of

such animal;

(ii) the name, address, and telephone number of the dispensing

practitioner;

(iii) specific directions for use, including but not limited to the

dosage and frequency of dosage, and the maximum daily dosage;

(iv) the legend, prominently marked or printed in either boldface or

upper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS

DIRECTED";

(v) the date of dispensing;

(vi) either the name of the substance or such code number assigned by

the department for the particular substance pursuant to section

thirty-three hundred eighteen of this article;

(b) Such container shall be identified as a controlled substance by

either:

(i) an orange label;

(ii) a label of another color over which is superimposed an orange

transparent adhesive tape; or

(iii) an auxiliary orange label affixed to the front of such container

and bearing the legend, prominently marked or printed "Controlled

Substance, Dangerous Unless Used As Directed";

(c) Any label, transparency, or auxiliary label shall be applied in a

manner which would inhibit its removal.

5. (a) No more than a thirty day supply or, pursuant to regulations of

the commissioner enumerating conditions warranting specified greater

supplies, no more than a three month supply of a schedule II, III or IV

substance, as determined by the directed dosage and frequency of dosage,

may be dispensed by an authorized practitioner at one time.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, a practitioner, within the scope of his or her professional

opinion or discretion, may not prescribe more than a seven-day supply of

any schedule II, III, or IV opioid to an ultimate user upon the initial

consultation or treatment of such user for acute pain. Upon any

subsequent consultations for the same pain, the practitioner may issue,

in accordance with paragraph (a) of this subdivision, any appropriate

renewal, refill, or new prescription for the opioid or any other drug.

(c) For the purposes of this subdivision, "acute pain" shall mean

pain, whether resulting from disease, accidental or intentional trauma,

or other cause, that the practitioner reasonably expects to last only a

short period of time. Such term shall not include chronic pain, pain

being treated as part of cancer care, hospice or other end-of-life care,

or pain being treated as part of palliative care practices.

6. A practitioner dispensing a controlled substance shall file

information pursuant to such dispensing with the department by

electronic means in such manner and detail as the commissioner shall, by

regulation, require. This requirement shall not apply to the dispensing

by a practitioner pursuant to subdivision six of section thirty-three

hundred fifty-one of this article.

7. A practitioner may not administer, prescribe or dispense any

substance referred to in subdivision (h) of Schedule II, and subdivision

(g) of Schedule III, of section three thousand three hundred six of this

article for other than therapeutic purposes. A practitioner may not

administer, prescribe or dispense any such substance to any individual

without first obtaining the informed consent of such individual, or

where the individual lacks capacity to give such consent, a person

legally authorized to consent on his or her behalf.

8. No opioids shall be prescribed to a patient initiating or being

maintained on opioid treatment for pain which has lasted more than three

months or past the time of normal tissue healing, unless the medical

record contains a written treatment plan that follows generally accepted

national professional or governmental guidelines. The requirements of

this paragraph shall not apply in the case of patients who are being

treated for cancer that is not in remission, who are in hospice or other

end-of-life care, or whose pain is being treated as part of palliative

care practices.

9. (a) When a patient seeks treatment for any neuromusculoskeletal

condition that causes pain, where a practitioner considers an opioid

treatment, the practitioner shall consider, discuss with the patient,

and, as appropriate, refer or prescribe non-opioid treatment

alternatives, based on the practitioner's clinical judgment and

following generally accepted national professional or treatment

guidelines, and consistent with patient preference and consent, before

starting a patient on opioid treatment. For the purposes of this

subdivision, non-opioid treatment alternatives include, but are not

limited to: acupuncture, chiropractic, massage therapy, physical

therapy, occupational therapy, cognitive behavioral therapy, non-opioid

medications, interventional treatments and non-clinical activities such

as exercise. The practitioner shall inform the patient that some

treatments may not be covered by the patient's health coverage.

(b) The requirements of this subdivision shall not apply for patients

being treated under any of the following circumstances: treatment of

cancer; hospice or other end-of-life care; post-surgery treatment

immediately following a surgical procedure; or in a medical emergency.

For purposes of this subdivision, "medical emergency" means an acute

injury or illness that poses an immediate risk to a person's life or

health.