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 80.69 - Schedule iii, iv and v substances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 In addition to the requirements set forth in sections
					 80.67
					 and
					 80.70 
					 of this Part, substances in schedule III, IV or V shall be prescribed by a
					 practitioner on an official New York State prescription or, subject to the
					 following, an electronic prescription, in good faith, and in the course of
					 his/her professional practice. Electronic prescriptions may be created, signed
					 and transmitted electronically provided the practitioner complies with all
					 other requirements for issuing controlled substance prescriptions in this Part,
					 and with Federal requirements for electronic prescribing of controlled
					 substances. A prescription generated on an electronic system that is printed
					 out or transmitted via facsimile is not considered an electronic prescription
					 and shall be manually signed.
(b)
					 The prescription shall contain the following:
(1) name, 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 or, in the case of an electronic
					 prescription, the electronic 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 actually signed by the prescribing
					 practitioner. A prescription shall be dated as of, and signed on, the date when
					 issued; and
(5) the quantity of
					 dosage units prescribed and the number of times that the prescription may be
					 refilled. On an official New York State prescription, the quantity of dosage
					 units and the number of times that the prescription may be refilled 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 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.