N.Y. Public Health Law § 3338: Official New York state prescription forms

§ 3338. Official New York state prescription forms. 1. Official New

York state prescription forms shall be prepared and issued by the

department in the manner and detail as the commissioner in consultation

with the commissioner of education may, by regulation, require, and,

each form shall be serialized. Such forms shall be furnished to

practitioners authorized to write such prescriptions and to

institutional dispensers. Such prescription blanks shall not be

transferable.

2. Except as expressly authorized by section thirty-three hundred

thirty-four or thirty-three hundred thirty-seven of this article,

controlled substances may be prescribed or dispensed only upon an

official New York state prescription or, pursuant to regulations, an

electronic prescription or out-of-state prescription.

3. The commissioner in consultation with the commissioner of education

is hereby authorized and empowered to make rules and regulations, not

inconsistent with this article, with respect to the retention or filing

of such official New York state prescription forms, electronic

prescriptions and out-of-state prescriptions, including information

required to be filed with the department, the maximum number of official

prescription forms which may be issued at any one time, the manner in

which such forms shall be issued, the period of time after issuance by

the department that such form shall remain valid for use, and the manner

in which practitioners associated with institutional dispensers may use

such forms, or any other matter of procedure or detail necessary to

effectuate or clarify the provisions of this section and to secure

proper and effective enforcement of the provisions of this article.

4. Upon a finding by the commissioner that a person has willfully

failed to comply with the provisions of this article, the commissioner

may revoke, cancel or withhold official New York state prescription

forms which have been issued or for which application has been made.