NY Pub Health L § 3305 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 1 - General Provisions 3305 - Exemptions.

§  3305. Exemptions. 1. The provisions of this article restricting the possession and control of controlled substances and  official  New  York state prescription forms shall not apply:  (a)  to  common carriers or to warehousemen, while engaged in lawfully transporting or storing such substances, or to any employee of the  same acting within the scope of his employment; or  (b) to public officers or their employees in the lawful performance of their  official  duties  requiring  possession  or control of controlled substances; or  (c) to temporary incidental  possession  by  employees  or  agents  of persons  lawfully entitled to possession, or by persons whose possession is for the  purpose  of  aiding  public  officers  in  performing  their official duties.  (d)  to  a  duly  authorized  agent of an incorporated society for the prevention of cruelty to animals or a municipal animal control  facility for  the  limited  purpose  of  buying,  possessing,  and  dispensing to registered  and   certified   personnel,   ketamine   hydrochloride   to anesthetize  animals  and/or  sodium pentobarbital to euthanize animals, including but not limited  to  dogs  and  cats.  The  department  shall, consistent with the public interest, register such duly authorized agent and  such  agent shall file, on a quarterly basis, a report of purchase, possession,  and   use   of   ketamine   hydrochloride   and/or   sodium pentobarbital,  which  report  shall be certified by the society for the prevention of cruelty to animals or municipal animal control facility as to its accuracy and validity. This report shall be in  addition  to  any other record keeping and reporting requirements of state and federal law and  regulation.    The  department  shall  adopt  rules and regulations providing for the registration and certification of any individual  who, under  the  direction  of the duly authorized and registered agent of an incorporated society for  the  prevention  of  cruelty  to  animals,  or municipal  animal  control  facility,  uses  ketamine  hydrochloride  to anesthetize animals and/or sodium pentobarbital  to  euthanize  animals, including  but  not  limited  to  dogs and cats. The department may also adopt such other rules and regulations as shall provide for the safe and efficient use of ketamine hydrochloride and/or sodium  pentobarbital  by incorporated  societies  for  the  prevention  of cruelty to animals and animal control facilities. Nothing in this paragraph shall be deemed  to waive  any  other  requirement imposed on incorporated societies for the prevention of cruelty to animals and animal control facilities by  state and federal law and regulation.   2. The commissioner may, by regulation, provide for the exemption from all  or  part  of  the  requirements  of  this article the possession of substances in schedule  III  or  IV  and  use  thereof  as  part  of  an industrial  process  or  manufacture of substances other than drugs. The commissioner may impose  such  conditions  upon  the  granting  of  such exemption  as may be necessary to protect against diversion or misuse of the controlled substance.   3. The commissioner is hereby authorized and  empowered  to  make  any rules,   regulations   and   determinations   permitting  the  following categories of persons to  obtain,  dispense  and  administer  controlled substances  under  such  conditions  and  in  such  manner  as  he shall prescribe:  (a) a person in the employ of the United States government or  of  any state,  territory,  district,  county, municipal, or insular government, obtaining,   possessing,   dispensing   and   administering   controlled substances by reason of his official duties;  (b)  a  master  of  a  ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician  or  surgeon  duly  licensed  in  any state, territory, or the District of Columbia to practice his profession, or to a retired commissioned medical officer of the United States army, navy, or public health  service,  employed  upon such  ship or aircraft, for the actual medical needs of persons on board such ship or aircraft when not in port.  (c) a person in a foreign country in compliance with the provisions of this article.   4. The provisions of this article with respect to the payment of  fees and  costs  shall  not  apply  to the state of New York or any political subdivision thereof or any agency or instrumentality of either.