NY Pub Health L § 3331 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 4 - Dispensing to Ultimate Users 3331 - Scheduled Substances Administering and Dispensing by Practitioners.

§   3331.   Scheduled   substances  administering  and  dispensing  by practitioners. 1. Except as provided in titles III or V of this article, no substance in schedules II, III, IV, or V may  be  prescribed  for  or dispensed or administered to an addict or habitual user.   2.  A  practitioner,  in  good  faith, and in the course of his or her professional practice  only,  may  prescribe,  administer  and  dispense substances  listed  in  schedules  II,  III, IV, and V, or he or she may cause the same to be administered by a designated agent under his or her direction and supervision.   3. A veterinarian, in good faith, and in the course of the practice of veterinary  medicine  only,  may  prescribe,  administer  and   dispense substances  listed  in schedules II, III, IV, and V or he may cause them to be administered  by  a  designated  agent  under  his  direction  and supervision.   4.  No  such substance may be dispensed unless it is enclosed within a suitable and durable 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 dispensing practitioner;  (iii) specific directions for use, including but not  limited  to  the dosage and frequency of dosage, and the maximum daily dosage;  (iv)  the  legend, prominently marked or printed in either boldface or upper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS  UNLESS  USED  AS DIRECTED";  (v) the date of dispensing;  (vi)  either the name of the substance or such code number assigned by the  department  for  the  particular  substance  pursuant  to   section thirty-three hundred eighteen of this article;  (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.   5. (a) No more than a thirty day supply or, pursuant to regulations of the  commissioner  enumerating  conditions  warranting specified greater supplies, no more than a three month supply of a schedule II, III or  IV substance, as determined by the directed dosage and frequency of dosage, may be dispensed by an authorized practitioner at one time.  (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this subdivision, a practitioner, within the scope of his or her professional opinion or discretion, may not prescribe more than a seven-day supply of any schedule II, III, or IV opioid to an ultimate user upon the  initial consultation  or  treatment  of  such  user  for  acute  pain.  Upon any subsequent consultations for the same pain, the practitioner may  issue, in  accordance  with  paragraph (a) of this subdivision, any appropriate renewal, refill, or new prescription for the opioid or any other drug.  (c) For the purposes of this  subdivision,  "acute  pain"  shall  mean pain,  whether resulting from disease, accidental or intentional trauma,  or other cause, that the practitioner reasonably expects to last only  a short  period  of  time.  Such term shall not include chronic pain, pain being treated as part of cancer care, hospice or other end-of-life care, or pain being treated as part of palliative care practices.   6.  A  practitioner  dispensing  a  controlled  substance  shall  file information  pursuant  to  such  dispensing  with  the   department   by electronic means in such manner and detail as the commissioner shall, by regulation,  require. This requirement shall not apply to the dispensing by a practitioner pursuant to subdivision five of  section  thirty-three hundred fifty-one of this article.   7.  A  practitioner  may  not  administer,  prescribe  or dispense any substance referred to in subdivision (h) of Schedule II, and subdivision (g) of Schedule III, of section three thousand three hundred six of this article for other than therapeutic  purposes.  A  practitioner  may  not administer,  prescribe  or dispense any such substance to any individual without first obtaining the informed  consent  of  such  individual,  or where  the  individual  lacks  capacity  to  give such consent, a person legally authorized to consent on his or her behalf.   8. No opioids shall be prescribed to a  patient  initiating  or  being maintained on opioid treatment for pain which has lasted more than three months  or  past  the  time of normal tissue healing, unless the medical record contains a written treatment plan that follows generally accepted national professional or governmental guidelines.  The  requirements  of this  paragraph  shall  not  apply in the case of patients who are being treated for cancer that is not in remission, who are in hospice or other end-of-life care, or whose pain is being treated as part  of  palliative care practices.