2023 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.
9.  (a)  When  a  patient seeks treatment for any neuromusculoskeletal
condition that causes pain, where a  practitioner  considers  an  opioid
treatment,  the  practitioner  shall consider, discuss with the patient,
and,  as  appropriate,   refer   or   prescribe   non-opioid   treatment
alternatives,   based   on  the  practitioner's  clinical  judgment  and
following  generally  accepted  national   professional   or   treatment
guidelines,  and  consistent with patient preference and consent, before
starting a patient  on  opioid  treatment.  For  the  purposes  of  this
subdivision,  non-opioid  treatment  alternatives  include,  but are not
limited  to:  acupuncture,  chiropractic,  massage   therapy,   physical
therapy,  occupational therapy, cognitive behavioral therapy, non-opioid
medications, interventional treatments and non-clinical activities  such
as  exercise.  The  practitioner  shall  inform  the  patient  that some
treatments may not be covered by the patient's health coverage.
(b) The requirements of this subdivision shall not apply for  patients
being  treated  under  any  of the following circumstances: treatment of
cancer;  hospice  or  other  end-of-life  care;  post-surgery  treatment
immediately  following  a surgical procedure; or in a medical emergency.
For purposes of this subdivision, "medical  emergency"  means  an  acute
injury  or  illness  that  poses an immediate risk to a person's life or
health.