2023 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.