§ 3351 — Dispensing for medical use

New York § 3351

• Jurisdiction: New York
• Law PBH: Public Health
• Title 5: Dispensing to Persons With Substance Use Disorder and Habitual Users
• Art. 33: Controlled Substances

Text

* § 3351. Dispensing for medical use. 1. Controlled substances may be\nprescribed for, or administered or dispensed to a person with substance\nuse disorder or habitual user:\n (a) during emergency medical treatment unrelated to abuse of\ncontrolled substances;\n (b) who is a bona fide patient suffering from an incurable and fatal\ndisease such as cancer or advanced tuberculosis;\n (c) who is aged, infirm, or suffering from serious injury or illness\nand the withdrawal from controlled substances would endanger the life or\nimpede or inhibit the recovery of such person.\n 2. Controlled substances may be ordered for use by a person with\nsubstance use disorder or habitual user by a practitioner and\nadministered by a practitioner or registered nurse to relieve acute\nwithdrawal symptoms.\n 3. Methadone, or such other controlled substance designated by the\ncommissioner as appropriate for such use, may be ordered for use of a\nperson with substance use disorder by a practitioner and dispensed or\nadministered by a practitioner or a practitioner's designated agent as\ninterim treatment for a person with substance use disorder on a waiting\nlist for admission to an authorized maintenance program.\n 4. Methadone, or such other controlled substance designated by the\ncommissioner as appropriate for such use, may be administered to a\nperson with substance use disorder by a practitioner or by a\npractitioner's designated agent acting under the direction and\nsupervision of a practitioner, as part of a regime designed and intended\nto withdraw a patient from addiction to controlled substances.\n 5. Methadone, or such other controlled substance designated by the\ncommissioner as appropriate for such use, may be administered to a\nperson with substance use disorder by a practitioner or by a\npractitioner's designated agent acting under the direction and\nsupervision of a practitioner, as part of a substance use or chemical\ndependence program approved pursuant to article thirty-two of the mental\nhygiene law.\n * NB Effective until February 19, 2026\n * § 3351. Dispensing for medical use. 1. Controlled substances may be\nprescribed for, or administered or dispensed to a person with substance\nuse disorder or habitual user:\n (a) during emergency medical treatment unrelated to abuse of\ncontrolled substances;\n (b) who is a bona fide patient suffering from an incurable and fatal\ndisease such as cancer or advanced tuberculosis;\n (c) who is aged, infirm, or suffering from serious injury or illness\nand the withdrawal from controlled substances would endanger the life or\nimpede or inhibit the recovery of such person.\n 2. Controlled substances may be ordered for use by a person with\nsubstance use disorder or habitual user by a practitioner and\nadministered by a practitioner or registered nurse to relieve acute\nwithdrawal symptoms.\n 3. A practitioner may prescribe, administer, and dispense any schedule\nIII, IV, or V narcotic drug approved by the federal food and drug\nadministration specifically for use in maintenance or detoxification\ntreatment to an addict or habitual user.\n 4. Methadone, or such other controlled substance designated by the\ncommissioner as appropriate for such use, may be ordered for use of a\nperson with substance use disorder by a practitioner and dispensed or\nadministered by a practitioner or a such practitioner's designated agent\nas interim treatment for a person with substance use disorder while\narrangements are being made for referral to treatment for such addiction\nto controlled substances.\n 5. Methadone, or such other controlled substance designated by the\ncommissioner as appropriate for such use, may be administered to a\nperson with substance use disorder by a practitioner or by a such\npractitioner's designated agent acting under the direction and\nsupervision of a practitioner, as part of a regimen designed and\nintended to withdraw a patient from addiction to controlled substances.\n 6. Notwithstanding any other law and consistent with federal\nrequirements, methadone, or such other controlled substance designated\nby the commissioner as appropriate for such use, may be administered or\ndispensed directly to a person with substance use disorder by a\npractitioner or by a such practitioner's designated agent acting under\nthe direction and supervision of a practitioner, as part of a substance\nuse or chemical dependence program approved pursuant to article\nthirty-two of the mental hygiene law.\n * NB Effective February 19, 2026\n