N.Y. Public Health Law § 3332: Making of official New York state prescriptions or electronic prescriptions for scheduled substances

§ 3332. Making of official New York state prescriptions or electronic

prescriptions for scheduled substances. 1. No controlled substance may

be prescribed by a practitioner except on an official New York state

prescription or on an electronic prescription, and in good faith and in

the course of his or her professional practice only.

2. Such prescription shall be prepared on an official New York state

prescription form, written with ink, indelible pencil or, apart from the

practitioner's signature, typewriter or electronic printer, or to the

extent authorized by federal requirements, on an electronic

prescription. The original official New York state prescription or the

electronic prescription must contain the following:

(a) the name, address, and age of the ultimate user for whom the

substance is intended, or, if the ultimate user is an animal, the

species of such animal and the name and address of the owner or person

having custody of such animal;

(b) the name, address, Federal registration number, telephone number,

and handwritten signature of the prescribing practitioner, except that

an electronic prescription must contain the electronic signature of the

prescribing practitioner;

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

dosage and frequency of dosage and the maximum daily dosage;

(d) the date upon which such prescription was actually signed by the

prescribing practitioner.

3. No such prescription shall be made for a quantity of controlled

substances which would exceed a thirty day supply if the controlled

substance were used in accordance with the directions for use specified

on the prescription. A practitioner may, however, issue a prescription

for up to a three month supply of a controlled substance provided that

the controlled substance has been prescribed to treat one of the

conditions that have been enumerated by the commissioner pursuant to

regulations as warranting the prescribing of greater than a thirty day

supply of a controlled substance and that the practitioner specifies the

condition on the face of the prescription. No additional prescriptions

for a controlled substance may be issued by a practitioner to an

ultimate user within thirty days of the date of any prescription

previously issued unless and until the ultimate user has exhausted all

but a seven day supply of the controlled substance provided by any

previously issued prescription. A practitioner may, however, issue a

prescription for up to a six month supply of any substance listed in

subdivision (h) of Schedule II of section thirty-three hundred six of

this article provided that such substance has been prescribed to treat

one of the conditions that have been enumerated by the commissioner

pursuant to regulations as warranting the prescribing of a six month

supply and that the practitioner specifies the condition on the

prescription or on the electronic prescription.

4. The practitioner shall deliver the original official New York state

prescription to the ultimate user or shall transmit the electronic

prescription to the pharmacy.