N.Y. Public Health Law § 3334: Emergency oral prescriptions for schedule II drugs and certain other controlled substances

§ 3334. Emergency oral prescriptions for schedule II drugs and certain

other controlled substances. 1. In an emergency situation, as defined by

rule or regulation of the department, a practitioner may orally

prescribe and a pharmacist may dispense to an ultimate user controlled

substances in schedule II and those schedule III or schedule IV

controlled substances as the commissioner may, by regulation, require;

provided however the pharmacist shall:

(a) contemporaneously reduce such prescription to writing or to the

extent authorized by federal requirements, to an electronic record;

(b) dispense the substance in conformity with the labeling

requirements applicable to the type of prescription which would be

required but for the emergency; and

(c) make a good faith effort to verify the practitioner's identity, if

the practitioner is unknown to the pharmacist.

2. No oral prescription shall be filled for a quantity of controlled

substances which would exceed a five day supply if the substance were

used in accordance with the directions for use.

3. Within seventy-two hours after authorizing an emergency oral

prescription, the prescribing practitioner shall cause to be delivered

to the pharmacist the original of an official New York state

prescription or an electronic prescription. Such prescription shall, in

addition to the information otherwise required, also have upon the

official New York state prescription or upon the electronic prescription

the words: "Authorization for emergency dispensing." If the pharmacist

fails to receive such prescription he or she shall notify the department

in writing or electronically within seven days from the date of

dispensing the substance.

4. Such official New York state prescription or electronic

prescription shall be endorsed, and retained and filed in the same

manner as is otherwise required for such prescriptions.