New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter K - Controlled Substances › Part 80 - Rules and Regulations on Controlled Substances › Prescribing and Dispensing Controlled Substances › Section 80.67 - Schedule ii and certain other substances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prescriptions shall not be refilled for
					 schedule II substances and:
Alprazolam
Bromazepam
Camazepam
Chlordiazepoxide
Clobazam
Clonazepam
Clorazepate
Clotiazepam
Cloxazolam
Delorazepam
Diazepam
Estazolam
Ethyl Loflazepate
Fludiazepam
Flunitrazepam
Flurazepam
Halazepam
Haloxazolam
Ketazolam
Loprazolam
Lorazepam
Lormetazepam
Medazepam
Midazolam
Nimetazepam
Nitrazepam
Nordiazepam
Oxazepam
Oxazolam
Pinazepam
Prazepam
Quazepam
Temazepam
Tetrazepam
Triazolam
(b) Such prescription shall be written with
					 ink, indelible pencil, typewriter, or by other electronic means approved by the
					 department, and shall be signed by the practitioner. Electronic prescriptions
					 may be created, signed, and transmitted electronically provided the
					 practitioner complies with all other requirements for issuing a prescription
					 for a controlled substance in this Part and with Federal requirements for
					 electronic prescribing of controlled substances. The prescription shall contain
					 the following:
(1) name, sex, address and age
					 of the ultimate user for whom the substance is intended, or, if the ultimate
					 user is an animal, the species of such animal and the name and address of the
					 owner or person in custody of such animal;
(2) the printed name, address, Drug
					 Enforcement Administration registration number, telephone number, and
					 handwritten signature of the prescribing practitioner. The printed name of the
					 prescriber who has signed the prescription shall be imprinted or stamped
					 legibly and conspicuously on the prescription, shall appear in an appropriate
					 location on the prescription form and shall not be entered in or upon the space
					 or line reserved for the prescriber's signature. The imprinted or stamped name
					 shall not be a substitute for or fulfill any legal requirement otherwise
					 mandating that the prescription be signed by the prescriber;
(3) specific directions for use, including,
					 but not limited to the dosage and frequency of dosage and the maximum daily
					 dosage;
(4) the date upon which
					 such prescription was prepared and actually signed by the prescribing
					 practitioner. A prescription shall be dated as of, and signed on, the date it
					 is issued; and
(5) the quantity of
					 dosage units prescribed on an official New York State prescription, the
					 quantity of dosage units prescribed shall be indicated in both numerical and
					 written word form.
(6) An
					 electronic prescription shall contain the requirements as provided in
					 paragraphs (1)-(5) of this subdivision except such prescription shall contain
					 an electronic signature and shall be transmitted and received by electronic
					 means. Such electronic signature shall meet the signature requirements set
					 forth in paragraph (2) of this subdivision.
(7) A prescription generated on an electronic
					 system and printed out or transmitted via facsimile is not an electronic
					 prescription and shall be manually signed.
(8) A section wherein prescribers may
					 indicate whether an individual is limited English proficient, as defined in
					 section 6829  of the Education Law; and if the
					 patient is limited English proficient, a specification of the preferred
					 language indicated by the patient. Failure to include such indication on the
					 part of the prescriber shall not invalidate the prescription.