2023 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.