§ 3333. Dispensing upon official New York state prescription or\nelectronic prescription.
1.A licensed pharmacist may, in good faith and\nin the course of his or her professional practice, sell and dispense to\nan ultimate user controlled substances only upon the delivery of an\nofficial New York state prescription or the receipt of an electronic\nprescription to such pharmacist, within thirty days of the date such\nprescription was signed by an authorized practitioner; provided,\nhowever, a pharmacist may dispense a part or portion of such\nprescription in accordance with regulations of the commissioner in\nconsultation with the commissioner of education. No pharmacy or\npharmacist may sell or dispense greater than a thirty day supply of a\ncontrolled substance to an ultimate user unle
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§ 3333. Dispensing upon official New York state prescription or\nelectronic prescription. 1. A licensed pharmacist may, in good faith and\nin the course of his or her professional practice, sell and dispense to\nan ultimate user controlled substances only upon the delivery of an\nofficial New York state prescription or the receipt of an electronic\nprescription to such pharmacist, within thirty days of the date such\nprescription was signed by an authorized practitioner; provided,\nhowever, a pharmacist may dispense a part or portion of such\nprescription in accordance with regulations of the commissioner in\nconsultation with the commissioner of education. No pharmacy or\npharmacist may sell or dispense greater than a thirty day supply of a\ncontrolled substance to an ultimate user unless and until the ultimate\nuser has exhausted all but a seven day supply of the controlled\nsubstance provided pursuant to any previously issued prescription,\nexcept that a pharmacy or pharmacist may sell or dispense up to a three\nmonth supply of a controlled substance if there appears, on the official\nNew York state prescription or electronic prescription, a statement that\nthe controlled substance has been prescribed to treat one of the\nconditions that have been enumerated by the regulations of the\ncommissioner as warranting the prescribing of greater than a thirty day\nsupply of a controlled substance. A pharmacy or pharmacist may sell or\ndispense up to a six month supply of any substance listed in subdivision\n(h) of Schedule II of section thirty-three hundred six of this article\nif there appears, on the official New York state prescription or on an\nelectronic prescription, a statement that the substance has been\nprescribed to treat one of the conditions that have been enumerated by\nthe regulations of the commissioner as warranting the prescribing of a\nspecified greater supply.\n 2. No controlled substance may be so dispensed or sold unless it is\nenclosed within a suitable container, and:\n (a) Affixed to such container is a label upon which is indelibly\ntyped, printed, or otherwise legibly written the following:\n (i) the name and address of the ultimate user for whom the substance\nis intended, or if intended for use upon an animal, the species of such\nanimal and the name and address of the owner or person in custody of\nsuch animal;\n (ii) the name, address, and telephone number of the pharmacy from\nwhich such substance is dispensed;\n (iii) specific directions for use as stated on the prescription;\n (iv) the name of the prescribing practitioner;\n (v) the legend, prominently marked or printed in either boldface or\nupper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS\nDIRECTED";\n (vi) the number of the prescription under which it is recorded in the\npharmacist's prescription file;\n (vii) such code number assigned by the department for the particular\nsubstance pursuant to section thirty-three hundred eighteen of this\narticle, or when requested by the practitioner, the name of such\nsubstance;\n (b) Such container shall be identified as a controlled substance by\neither:\n (i) an orange label;\n (ii) a label of another color over which is superimposed an orange\ntransparent adhesive tape; or\n (iii) an auxiliary orange label affixed to the front of such container\nand bearing the legend, prominently marked or printed "Controlled\nSubstance, Dangerous Unless Used As Directed";\n (c) Any label, transparency, or auxiliary label shall be applied in a\nmanner which would inhibit its removal.\n 3. The pharmacist filling the controlled substance prescription shall\nendorse upon the original official New York state prescription the date\nof delivery and his or her signature or, if an electronic prescription,\nhis or her electronic signature.\n 4. The endorsed original prescription shall be retained by the\nproprietor of the pharmacy for a period of five years. The proprietor of\nthe pharmacy shall file or cause to be filed such prescription\ninformation with the department by electronic means on a real time basis\nas the commissioner in consultation with the commissioner of education\nshall, by regulation, require; provided, however, that the commissioner\nmay, pursuant to a process established in regulation, grant a waiver\nallowing a pharmacy to make such filings within a longer period of time\nif and to the extent that the commissioner finds it warranted, in his or\nher discretion, due to economic hardship, technological limitations that\nare not reasonably within the control of the pharmacy, or other\nexceptional circumstance demonstrated by the pharmacy; and provided,\nfurther, however, that such regulations shall specify the manner in\nwhich such requirements shall apply to the delivery of controlled\nsubstances to individuals in this state by means of mail or licensed\nexpress delivery services.\n 5. When filing prescription information electronically pursuant to\nsubdivision four of this section, the proprietor of the pharmacy shall\ndispose of any electronically recorded prescription information in such\nmanner as the commissioner shall by regulation require.\n