§ 3332 — Making of official New York state prescriptions or electronic prescriptions for scheduled substances

New York § 3332

• Jurisdiction: New York
• Law PBH: Public Health
• Title 4: Dispensing to Ultimate Users
• Art. 33: Controlled Substances

Text

§ 3332. Making of official New York state prescriptions or electronic\nprescriptions for scheduled substances. 1. No controlled substance may\nbe prescribed by a practitioner except on an official New York state\nprescription or on an electronic prescription, and in good faith and in\nthe course of his or her professional practice only.\n 2. Such prescription shall be prepared on an official New York state\nprescription form, written with ink, indelible pencil or, apart from the\npractitioner's signature, typewriter or electronic printer, or to the\nextent authorized by federal requirements, on an electronic\nprescription. The original official New York state prescription or the\nelectronic prescription must contain the following:\n (a) the name, address, and age of the ultimate user for whom the\nsubstance is intended, or, if the ultimate user is an animal, the\nspecies of such animal and the name and address of the owner or person\nhaving custody of such animal;\n (b) the name, address, Federal registration number, telephone number,\nand handwritten signature of the prescribing practitioner, except that\nan electronic prescription must contain the electronic signature of the\nprescribing practitioner;\n (c) specific directions for use, including but not limited to the\ndosage and frequency of dosage and the maximum daily dosage;\n (d) the date upon which such prescription was actually signed by the\nprescribing practitioner.\n 3. No such prescription shall be made for a quantity of controlled\nsubstances which would exceed a thirty day supply if the controlled\nsubstance were used in accordance with the directions for use specified\non the prescription. A practitioner may, however, issue a prescription\nfor up to a three month supply of a controlled substance provided that\nthe controlled substance has been prescribed to treat one of the\nconditions that have been enumerated by the commissioner pursuant to\nregulations as warranting the prescribing of greater than a thirty day\nsupply of a controlled substance and that the practitioner specifies the\ncondition on the face of the prescription. No additional prescriptions\nfor a controlled substance may be issued by a practitioner to an\nultimate user within thirty days of the date of any prescription\npreviously issued unless and until the ultimate user has exhausted all\nbut a seven day supply of the controlled substance provided by any\npreviously issued prescription. A practitioner may, however, issue a\nprescription for up to a six month supply of any substance listed in\nsubdivision (h) of Schedule II of section thirty-three hundred six of\nthis article provided that such substance has been prescribed to treat\none of the conditions that have been enumerated by the commissioner\npursuant to regulations as warranting the prescribing of a six month\nsupply and that the practitioner specifies the condition on the\nprescription or on the electronic prescription.\n 4. The practitioner shall deliver the original official New York state\nprescription to the ultimate user or shall transmit the electronic\nprescription to the pharmacy.\n