N.Y. Public Health Law § 3337: Oral prescriptions schedule III, IV and V substances

§ 3337. Oral prescriptions schedule III, IV and V substances. 1.

Except as provided in section thirty-three hundred thirty-four of this

title, a practitioner may orally prescribe and a pharmacist may dispense

to an ultimate user controlled substances in schedules III, IV or V

provided however the pharmacist shall:

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

extent authorized by federal requirements, an electronic record;

(b) dispense the substance in conformity with the labeling

requirements applicable to a prescription; 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 controlled

substance were used in accordance with the directions for use, except

that with respect to a schedule IV substance such prescription shall not

exceed a thirty-day supply or one hundred dosage units, whichever is

less; provided, however, that this provision shall not apply to any

schedule IV controlled substance limited to a five day supply by section

thirty-three hundred thirty-four of this title.

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

prescription, the prescribing practitioner shall cause to be delivered

to the pharmacist an official New York state prescription or an

electronic prescription. If the pharmacist fails to receive such

prescription he or she shall make a record of such fact in such manner

and detail as the commissioner in consultation with the commissioner of

education, by regulation, shall require.

4. Such official New York state prescription or electronic

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

is otherwise required for such prescriptions.