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 80.74 - Pharmacists; dispensing schedule iii, iv and v controlled substances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided in sections
					 80.67
					 and
					 80.73 
					 of this Part, a licensed, registered pharmacist, or a pharmacy intern acting in
					 conformity with the provisions of section 6808  of the Education Law, and regulations
					 thereunder, in a registered pharmacy may, in good faith and in the course of
					 his professional practice, dispense to an ultimate user, controlled substances
					 in schedule III, IV or V provided they are dispensed pursuant to a prescription
					 presented within 30 days of the date such prescription was signed by an
					 authorized practitioner.
(b) Such
					 substances may be dispensed only if packaged and labeled in conformity with
					 provisions set forth in section
					 80.73(b) 
					 of this Part.
(c) A licensed,
					 registered pharmacist in a registered pharmacy may, in good faith and in the
					 course of his/her professional practice, sell and dispense, to an ultimate
					 user, controlled substances for which a prescription is required upon the
					 delivery to such pharmacist, within 30 days of the date such prescription, or
					 official New York State prescription, or an out-of-state written prescription
					 if sent by facsimile in accordance with section
					 80.69(e) or
					 (f)  of this Part was issued by an authorized
					 practitioner.
(d) Within 72 hours
					 after transmitting a prescription to a pharmacist by facsimile in accordance
					 with section
					 80.69(e) or
					 (f)  of this Part, the prescribing
					 practitioner shall cause to be delivered to the pharmacist the original
					 official New York State prescription or the original out-of-state written
					 prescription. Such original prescription shall be attached to the prescription
					 transmitted by facsimile. If the pharmacist fails to receive such original
					 prescription, he/she shall notify the department in writing within seven days
					 from the date of dispensing the substance.
(e) The pharmacist filling the prescription
					 shall endorse on such prescription his/her signature, the date of filling, and
					 the number of the prescription under which it is recorded in the pharmacy
					 prescription file. Such endorsed prescription shall be retained by the
					 proprietor of the pharmacy for a period of five years. Prescription information
					 from the filling of such prescription shall be filed with the department in
					 accordance with section
					 80.73(f) 
					 of this Part.
(f) A pharmacy shall
					 make a good faith effort to verify the identity of any person accepting
					 delivery of a dispensed prescription for a controlled substance by requiring
					 such person, if unknown to the pharmacy, to present appropriate
					 identification.
(g) When a
					 prescription prepared by a practitioner is incomplete, the practitioner may
					 orally furnish the missing information to the pharmacist and authorize him or
					 her to enter the missing information on the prescription. The pharmacist shall
					 write the date he or she received the oral authorization on the prescription
					 and shall affix his or her signature. This procedure shall not apply to
					 unsigned or undated prescriptions or where the name and/or quantity of the
					 controlled substance is not specified or where the name of the ultimate user is
					 missing. The pharmacist is not required to obtain authorization from the
					 practitioner to enter the patient's address, sex or age if the pharmacist
					 obtains this information through a good-faith effort.
(h) A practitioner may orally authorize a
					 pharmacist to change information on a controlled substance prescription. This
					 procedure shall not apply to the practitioner's signature, date the
					 prescription was signed by the practitioner, drug name or name of the ultimate
					 user. The pharmacist shall write the date he or she received the oral
					 authorization on the prescription, reason for the change and his or her
					 signature. The pharmacist shall also indicate the change on the face of the
					 prescription and initial the change.
(i) When a pharmacist fills a prescription in
					 a manner that would require, under subdivision (g) or (h) of this section, the
					 pharmacist to make a notation on the prescription if the prescription were
					 written, the pharmacist shall make the same notation electronically when
					 filling an electronic prescription and retain the annotation electronically in
					 the prescription record.
(j) Except
					 as provided in sections
					 80.67
					 and
					 80.73 
					 of this Part, a pharmacist may partially fill a prescription for a controlled
					 substance provided that:
(1) each partial
					 filling is recorded in the same manner as a refill;
(2) the total quantity dispensed does not
					 exceed the total quantity prescribed for a 30-day period.