N.Y. Public Health Law § 3333: Dispensing upon official New York state prescription or electronic prescription

§ 3333. Dispensing upon official New York state prescription or

electronic prescription. 1. A licensed pharmacist may, in good faith and

in the course of his or her professional practice, sell and dispense to

an ultimate user controlled substances only upon the delivery of an

official New York state prescription or the receipt of an electronic

prescription to such pharmacist, within thirty days of the date such

prescription was signed by an authorized practitioner; provided,

however, a pharmacist may dispense a part or portion of such

prescription in accordance with regulations of the commissioner in

consultation with the commissioner of education. No pharmacy or

pharmacist may sell or dispense greater than a thirty day supply of a

controlled substance to an ultimate user unless and until the ultimate

user has exhausted all but a seven day supply of the controlled

substance provided pursuant to any previously issued prescription,

except that a pharmacy or pharmacist may sell or dispense up to a three

month supply of a controlled substance if there appears, on the official

New York state prescription or electronic prescription, a statement that

the controlled substance has been prescribed to treat one of the

conditions that have been enumerated by the regulations of the

commissioner as warranting the prescribing of greater than a thirty day

supply of a controlled substance. A pharmacy or pharmacist may sell or

dispense 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

if there appears, on the official New York state prescription or on an

electronic prescription, a statement that the substance has been

prescribed to treat one of the conditions that have been enumerated by

the regulations of the commissioner as warranting the prescribing of a

specified greater supply.

2. No controlled substance may be so dispensed or sold unless it is

enclosed within a suitable 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 pharmacy from

which such substance is dispensed;

(iii) specific directions for use as stated on the prescription;

(iv) the name of the prescribing practitioner;

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

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

DIRECTED";

(vi) the number of the prescription under which it is recorded in the

pharmacist's prescription file;

(vii) such code number assigned by the department for the particular

substance pursuant to section thirty-three hundred eighteen of this

article, or when requested by the practitioner, the name of such

substance;

(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.

3. The pharmacist filling the controlled substance prescription shall

endorse upon the original official New York state prescription the date

of delivery and his or her signature or, if an electronic prescription,

his or her electronic signature.

4. The endorsed original prescription shall be retained by the

proprietor of the pharmacy for a period of five years. The proprietor of

the pharmacy shall file or cause to be filed such prescription

information with the department by electronic means on a real time basis

as the commissioner in consultation with the commissioner of education

shall, by regulation, require; provided, however, that the commissioner

may, pursuant to a process established in regulation, grant a waiver

allowing a pharmacy to make such filings within a longer period of time

if and to the extent that the commissioner finds it warranted, in his or

her discretion, due to economic hardship, technological limitations that

are not reasonably within the control of the pharmacy, or other

exceptional circumstance demonstrated by the pharmacy; and provided,

further, however, that such regulations shall specify the manner in

which such requirements shall apply to the delivery of controlled

substances to individuals in this state by means of mail or licensed

express delivery services.

5. When filing prescription information electronically pursuant to

subdivision four of this section, the proprietor of the pharmacy shall

dispose of any electronically recorded prescription information in such

manner as the commissioner shall by regulation require.