§ 3331. Scheduled substances administering and dispensing by\npractitioners.
1.Except as provided in titles III or V of this article,\nno substance in schedules II, III, IV, or V may be prescribed for or\ndispensed or administered to a person with substance use disorder or\nhabitual user.\n 2. A practitioner, in good faith, and in the course of his or her\nprofessional practice only, may prescribe, administer and dispense\nsubstances listed in schedules II, III, IV, and V, or he or she may\ncause the same to be administered by a designated agent under his or her\ndirection and supervision.\n 3. A veterinarian, in good faith, and in the course of the practice of\nveterinary medicine only, may prescribe, administer and dispense\nsubstances listed in schedules II, III, IV, and V or he ma
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§ 3331. Scheduled substances administering and dispensing by\npractitioners. 1. Except as provided in titles III or V of this article,\nno substance in schedules II, III, IV, or V may be prescribed for or\ndispensed or administered to a person with substance use disorder or\nhabitual user.\n 2. A practitioner, in good faith, and in the course of his or her\nprofessional practice only, may prescribe, administer and dispense\nsubstances listed in schedules II, III, IV, and V, or he or she may\ncause the same to be administered by a designated agent under his or her\ndirection and supervision.\n 3. A veterinarian, in good faith, and in the course of the practice of\nveterinary medicine only, may prescribe, administer and dispense\nsubstances listed in schedules II, III, IV, and V or he may cause them\nto be administered by a designated agent under his direction and\nsupervision.\n 4. No such substance may be dispensed unless it is enclosed within a\nsuitable and durable 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 dispensing\npractitioner;\n (iii) specific directions for use, including but not limited to the\ndosage and frequency of dosage, and the maximum daily dosage;\n (iv) the legend, prominently marked or printed in either boldface or\nupper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS\nDIRECTED";\n (v) the date of dispensing;\n (vi) either the name of the substance or such code number assigned by\nthe department for the particular substance pursuant to section\nthirty-three hundred eighteen of this article;\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 5. (a) No more than a thirty day supply or, pursuant to regulations of\nthe commissioner enumerating conditions warranting specified greater\nsupplies, no more than a three month supply of a schedule II, III or IV\nsubstance, as determined by the directed dosage and frequency of dosage,\nmay be dispensed by an authorized practitioner at one time.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, a practitioner, within the scope of his or her professional\nopinion or discretion, may not prescribe more than a seven-day supply of\nany schedule II, III, or IV opioid to an ultimate user upon the initial\nconsultation or treatment of such user for acute pain. Upon any\nsubsequent consultations for the same pain, the practitioner may issue,\nin accordance with paragraph (a) of this subdivision, any appropriate\nrenewal, refill, or new prescription for the opioid or any other drug.\n (c) For the purposes of this subdivision, "acute pain" shall mean\npain, whether resulting from disease, accidental or intentional trauma,\nor other cause, that the practitioner reasonably expects to last only a\nshort period of time. Such term shall not include chronic pain, pain\nbeing treated as part of cancer care, hospice or other end-of-life care,\nor pain being treated as part of palliative care practices.\n 6. A practitioner dispensing a controlled substance shall file\ninformation pursuant to such dispensing with the department by\nelectronic means in such manner and detail as the commissioner shall, by\nregulation, require. This requirement shall not apply to the dispensing\nby a practitioner pursuant to subdivision five of section thirty-three\nhundred fifty-one of this article.\n 7. A practitioner may not administer, prescribe or dispense any\nsubstance referred to in subdivision (h) of Schedule II, and subdivision\n(g) of Schedule III, of section three thousand three hundred six of this\narticle for other than therapeutic purposes. A practitioner may not\nadminister, prescribe or dispense any such substance to any individual\nwithout first obtaining the informed consent of such individual, or\nwhere the individual lacks capacity to give such consent, a person\nlegally authorized to consent on his or her behalf.\n 8. No opioids shall be prescribed to a patient initiating or being\nmaintained on opioid treatment for pain which has lasted more than three\nmonths or past the time of normal tissue healing, unless the medical\nrecord contains a written treatment plan that follows generally accepted\nnational professional or governmental guidelines. The requirements of\nthis paragraph shall not apply in the case of patients who are being\ntreated for cancer that is not in remission, who are in hospice or other\nend-of-life care, or whose pain is being treated as part of palliative\ncare practices.\n 9. (a) When a patient seeks treatment for any neuromusculoskeletal\ncondition that causes pain, where a practitioner considers an opioid\ntreatment, the practitioner shall consider, discuss with the patient,\nand, as appropriate, refer or prescribe non-opioid treatment\nalternatives, based on the practitioner's clinical judgment and\nfollowing generally accepted national professional or treatment\nguidelines, and consistent with patient preference and consent, before\nstarting a patient on opioid treatment. For the purposes of this\nsubdivision, non-opioid treatment alternatives include, but are not\nlimited to: acupuncture, chiropractic, massage therapy, physical\ntherapy, occupational therapy, cognitive behavioral therapy, non-opioid\nmedications, interventional treatments and non-clinical activities such\nas exercise. The practitioner shall inform the patient that some\ntreatments may not be covered by the patient's health coverage.\n (b) The requirements of this subdivision shall not apply for patients\nbeing treated under any of the following circumstances: treatment of\ncancer; hospice or other end-of-life care; post-surgery treatment\nimmediately following a surgical procedure; or in a medical emergency.\nFor purposes of this subdivision, "medical emergency" means an acute\ninjury or illness that poses an immediate risk to a person's life or\nhealth.\n