NY Pub Health L § 3333 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 4 - Dispensing to Ultimate Users 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.