S. 3258 2
37. "ELECTRONIC PRESCRIPTION" MEANS A PRESCRIPTION ISSUED AND TRANS-
MITTED IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AND THE
COMMISSIONER OF EDUCATION AND CONSISTENT WITH FEDERAL REQUIREMENTS.
38. "ELECTRONIC RECORD" MEANS A PAPERLESS RECORD THAT IS CREATED,
GENERATED, TRANSMITTED, COMMUNICATED, RECEIVED OR STORED BY MEANS OF
ELECTRONIC EQUIPMENT AND INCLUDES THE PRESERVATION, RETRIEVAL, USE AND
DISPOSITION IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AND THE
COMMISSIONER OF EDUCATION AND IN COMPLIANCE WITH FEDERAL LAW AND REGU-
LATIONS.
39. "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC-
ESS, ATTACHED TO OR LOGICALLY ASSOCIATED WITH AN ELECTRONIC RECORD AND
EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD, IN
ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AND THE COMMISSIONER OF
EDUCATION.
S 3. The public health law is amended by adding a new section 3335 to
read as follows:
S 3335. DISPENSING BY ONLINE DISPENSERS OF CONTROLLED SUBSTANCES. NO
CONTROLLED SUBSTANCE MAY BE SOLD, DELIVERED, OR DISPENSED BY MEANS OF
THE INTERNET EXCEPT IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS
ARTICLE. AN ONLINE DISPENSER SHALL FILE WITH THE DEPARTMENT BY ELECTRON-
IC MEANS INFORMATION CONCERNING THE DISPENSING OF ANY CONTROLLED
SUBSTANCES IN SUCH MANNER AS THE COMMISSIONER BY REGULATION SHALL
REQUIRE.
S 4. Subdivision 1 of section 3371 of the public health law, as added
by chapter 878 of the laws of 1972, paragraph (a) as amended by chapter
965 of the laws of 1974, paragraph (d) as added by chapter 163 of the
laws of 1973, and paragraph (e) as added by section 15 of part A of
chapter 58 of the laws of 2004, is amended to read as follows:
1. No person, who has knowledge by virtue of his OR HER office of the
identity of a particular patient or research subject, a manufacturing
process, a trade secret or a formula shall disclose such knowledge, or
any report or record thereof, except:
(a) to another person employed by the department, for purposes of
executing provisions of this article; [or]
(b) pursuant to judicial subpoena or court order in a criminal inves-
tigation or proceeding; [or]
(c) to an agency, department of government, or official board author-
ized to regulate, license or otherwise supervise a person who is author-
ized by this article to deal in controlled substances, or in the course
of any investigation or proceeding by or before such agency, department
or board[.];
(d) to a central registry established pursuant to this article[.];
(e) to a practitioner to inform him or her that a [person under his or
her treatment with a controlled substance also] PATIENT may be under
treatment with a controlled substance by another practitioner[.]; OR
(F) TO A PHARMACY TO INFORM THE PHARMACY THAT A PERSON WHO PRESENTS OR
HAS PRESENTED A PRESCRIPTION FOR ONE OR MORE CONTROLLED SUBSTANCES AT
THE PHARMACY MAY HAVE ALSO OBTAINED ONE OR MORE CONTROLLED SUBSTANCES AT
ANOTHER PHARMACY WHERE THE CIRCUMSTANCES INDICATE A POSSIBILITY OF DRUG
ABUSE OR DIVERSION, POTENTIAL HARM TO THE PERSON, OR SIMILAR GROUNDS
UNDER REGULATIONS OF THE COMMISSIONER.
S 5. The public health law is amended by adding a new section 3371-a
to read as follows:
S 3371-A. DISCLOSURE OF CERTAIN RECORDS, REPORTS, AND INFORMATION TO
ANOTHER STATE. 1. THE COMMISSIONER IS AUTHORIZED TO DISCLOSE RECORDS,
REPORTS AND INFORMATION FILED PURSUANT TO SECTIONS THIRTY-THREE HUNDRED
S. 3258 3
THIRTY-ONE AND THIRTY-THREE HUNDRED THIRTY-THREE OF THIS ARTICLE: (A) TO
ANOTHER STATE'S CONTROLLED SUBSTANCE MONITORING PROGRAM OR OTHER AUTHOR-
IZED AGENCY WITH WHICH THE DEPARTMENT HAS ESTABLISHED AN INTEROPERABI-
LITY AGREEMENT, PURSUANT TO JUDICIAL SUBPOENA OR COURT ORDER IN A CRIMI-
NAL INVESTIGATION OR PROCEEDING IN THAT STATE;
(B) TO ANOTHER STATE'S AGENCY, DEPARTMENT, OR BOARD WITH WHICH THE
DEPARTMENT HAS ESTABLISHED AN INTEROPERABILITY AGREEMENT AND WHICH IS
AUTHORIZED TO REGULATE, LICENSE, REGISTER OR OTHERWISE SUPERVISE A
PERSON WHO IS AUTHORIZED BY LAW TO DEAL IN CONTROLLED SUBSTANCES, IN THE
COURSE OF ANY INVESTIGATION OR PROCEEDING BY OR BEFORE SUCH AGENCY,
DEPARTMENT OR BOARD;
(C) TO ANOTHER STATE'S CONTROLLED SUBSTANCE MONITORING PROGRAM OR
OTHER AUTHORIZED AGENCY WITH WHICH THE DEPARTMENT HAS ESTABLISHED AN
INTEROPERABILITY AGREEMENT TO INFORM A PRACTITIONER IN ANOTHER STATE
THAT A PATIENT MAY BE UNDER TREATMENT WITH A CONTROLLED SUBSTANCE BY
ANOTHER PRACTITIONER; OR
(D) TO ANOTHER STATE'S CONTROLLED SUBSTANCE MONITORING PROGRAM OR
OTHER AUTHORIZED AGENCY WITH WHICH THE DEPARTMENT HAS ESTABLISHED AN
INTEROPERABILITY AGREEMENT TO INFORM A PHARMACY IN ANOTHER STATE THAT A
PERSON WHO PRESENTS OR HAS PRESENTED A PRESCRIPTION FOR ONE OR MORE
CONTROLLED SUBSTANCES AT THE PHARMACY MAY HAVE ALSO OBTAINED CONTROLLED
SUBSTANCES AT ANOTHER PHARMACY WHERE THE CIRCUMSTANCES INDICATE A POSSI-
BILITY OF DRUG ABUSE OR DIVERSION, POTENTIAL HARM TO THE PERSON, OR
SIMILAR GROUNDS UNDER REGULATIONS OF THE COMMISSIONER.
2. RECORDS, REPORTS, AND INFORMATION DISCLOSED UNDER THE PROVISIONS OF
THIS SECTION SHALL BE IN ACCORDANCE WITH REGULATIONS PROMULGATED BY THE
COMMISSIONER AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) THE AUTHENTICATION OF THE PERSON REQUESTING SUCH INFORMATION;
(B) AN ATTESTATION FROM THE PERSON REQUESTING THE INFORMATION THAT HE
OR SHE HAS AUTHORITY TO REQUEST AND RECEIVE SUCH INFORMATION, AND THAT
SUCH INFORMATION WILL ONLY BE USED CONSISTENT WITH THE PURPOSE OF THE
REQUEST FOR SUCH INFORMATION;
(C) A STATEMENT OF THE PURPOSE OF THE REQUEST FOR SUCH INFORMATION;
AND
(D) ENSURING THAT SUCH INFORMATION IS, OR WILL BE, TRANSMITTED IN A
SECURE MANNER.
S 6. Subdivision 6 of section 3331 of the public health law, as
amended by section 6 of part A of chapter 58 of the laws of 2004, is
amended to read as follows:
6. A practitioner dispensing a controlled substance shall file infor-
mation pursuant to such dispensing with the department by electronic
means in such [a] manner and detail as the commissioner shall, by regu-
lation, require. [Such information shall be filed by not later than the
fifteenth day of the next month following the month in which the
controlled substance was delivered.] This requirement shall not apply to
the dispensing by a practitioner pursuant to subdivision five of section
thirty-three hundred fifty-one of this article.
S 7. Section 3332 of the public health law, as added by chapter 878 of
the laws of 1972, subdivisions 1 and 3 as amended by section 7 of part A
of chapter 58 of the laws of 2004, subdivisions 2 and 4 as amended by
chapter 537 of the laws of 1998, is amended to read as follows:
S 3332. Making of official New York state prescriptions OR ELECTRONIC
PRESCRIPTIONS for scheduled substances. 1. No controlled substance may
be prescribed by a practitioner except on an official New York state
prescription OR ON AN ELECTRONIC PRESCRIPTION, and in good faith and in
the course of his or her professional practice only.
S. 3258 4
2. Such prescription shall be prepared on an official New York state
prescription form, written with ink, indelible pencil or, apart from the
practitioner's signature, typewriter or electronic printer, OR TO THE
EXTENT AUTHORIZED BY FEDERAL REQUIREMENTS, ON AN ELECTRONIC
PRESCRIPTION. The original OFFICIAL NEW YORK STATE PRESCRIPTION OR THE
ELECTRONIC PRESCRIPTION must contain the following:
(a) the name, address, and age of the ultimate user for whom the
substance is intended, or, if the ultimate user is an animal, the
species of such animal and the name and address of the owner or person
having custody of such animal;
(b) the name, address, Federal registration number, telephone number,
and handwritten signature of the prescribing practitioner, EXCEPT THAT
AN ELECTRONIC PRESCRIPTION MUST CONTAIN THE ELECTRONIC SIGNATURE OF THE
PRESCRIBING PRACTITIONER;
(c) specific directions for use, including but not limited to the
dosage and frequency of dosage and the maximum daily dosage;
(d) the date upon which such prescription was actually signed by the
prescribing practitioner.
3. No such prescription shall be made for a quantity of controlled
substances which would exceed a thirty day supply if the controlled
substance were used in accordance with the directions for use specified
on the prescription. A practitioner may, however, issue a prescription
for up to a three month supply of a controlled substance provided that
the controlled substance has been prescribed to treat one of the condi-
tions that have been enumerated by the commissioner pursuant to regu-
lations as warranting the prescribing of greater than a thirty day
supply of a controlled substance and that the practitioner specifies the
condition on the face of the prescription. No additional prescriptions
for a controlled substance may be issued by a practitioner to an ulti-
mate user within thirty days of the date of any prescription previously
issued unless and until the ultimate user has exhausted all but a seven
day supply of the controlled substance provided by any previously issued
prescription. A practitioner may, however, issue a prescription for up
to a six month supply of any substance listed in subdivision (h) of
Schedule II of section [three thousand three] THIRTY-THREE hundred six
of this article provided that such substance has been prescribed to
treat one of the conditions that have been enumerated by the commission-
er pursuant to regulations as warranting the prescribing of a six month
supply and that the practitioner specifies the condition on [the face
of] the prescription OR ON THE ELECTRONIC PRESCRIPTION.
4. The practitioner shall deliver the original OFFICIAL NEW YORK STATE
PRESCRIPTION to the ultimate user OR SHALL TRANSMIT THE ELECTRONIC
PRESCRIPTION TO THE PHARMACY.
S 8. Section 3333 of the public health law, as amended by section 8 of
part A of chapter 58 of the laws of 2004, is amended to read as follows:
S 3333. Dispensing upon official New York state prescription OR ELEC-
TRONIC PRESCRIPTION. 1. A licensed pharmacist may, in good faith and in
the course of his or her professional practice, sell and dispense to an
ultimate user controlled substances only upon the delivery of an offi-
cial New York state prescription OR THE RECEIPT OF AN ELECTRONIC
PRESCRIPTION to such pharmacist, within thirty days of the date such
prescription was signed by an authorized practitioner; provided, howev-
er, a pharmacist may dispense a part or portion of such prescription in
accordance with regulations of the commissioner in consultation with the
commissioner of education. No pharmacy or pharmacist may sell or
dispense greater than a thirty day supply of a controlled substance to
S. 3258 5
an ultimate user unless and until the ultimate user has exhausted all
but a seven day supply of the controlled substance provided pursuant to
any previously issued prescription, except that a pharmacy or pharmacist
may sell or dispense up to a three month supply of a controlled
substance if there appears, on [the face of] the official New York state
prescription OR ELECTRONIC PRESCRIPTION, a statement that the controlled
substance has been prescribed to treat one of the conditions that have
been enumerated by the regulations of the commissioner as warranting the
prescribing of greater than a thirty day supply of a controlled
substance. A pharmacy or pharmacist may sell or dispense up to a six
month supply of any substance listed in subdivision (h) of Schedule II
of section [three thousand three] THIRTY-THREE hundred six of this arti-
cle if there appears, on [the face of] the official New York state
prescription OR ON AN ELECTRONIC PRESCRIPTION, a statement that the
substance has been prescribed to treat one of the conditions that have
been enumerated by the regulations of the commissioner as warranting the
prescribing of a specified greater supply.
2. No controlled substance may be so dispensed or sold unless it is
enclosed within a suitable container, and:
(a) Affixed to such container is a label upon which is indelibly
typed, printed, or otherwise legibly written the following:
(i) the name and address of the ultimate user for whom the substance
is intended, or if intended for use upon an animal, the species of such
animal and the name and address of the owner or person in custody of
such animal;
(ii) the name, address, and telephone number of the pharmacy from
which such substance is dispensed;
(iii) specific directions for use as stated on the prescription;
(iv) the name of the prescribing practitioner;
(v) the legend, prominently marked or printed in either boldface or
upper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS
DIRECTED";
(vi) the number of the prescription under which it is recorded in the
pharmacist's prescription file;
(vii) such code number assigned by the department for the particular
substance pursuant to section thirty-three hundred eighteen of this
article, or when requested by the practitioner, the name of such
substance;
(b) Such container shall be identified as a controlled substance by
either:
(i) an orange label;
(ii) a label of another color over which is superimposed an orange
transparent adhesive tape; or
(iii) an auxiliary orange label affixed to the front of such container
and bearing the legend, prominently marked or printed "Controlled
Substance, Dangerous Unless Used As Directed";
(c) Any label, transparency, or auxiliary label shall be applied in a
manner which would inhibit its removal.
3. The pharmacist filling the controlled substance prescription shall
endorse upon the original OFFICIAL NEW YORK STATE PRESCRIPTION the date
of delivery and his or her signature OR, IF AN ELECTRONIC PRESCRIPTION,
HIS OR HER ELECTRONIC SIGNATURE.
4. The endorsed original prescription shall be retained by the propri-
etor of the pharmacy for a period of five years. The proprietor of the
pharmacy shall file such prescription information with the department by
electronic means in such manner and detail as the commissioner in
S. 3258 6
consultation with the commissioner of education shall, by regulation,
require. [Such prescription information shall be filed by not later than
the fifteenth day of the next month following the month in which the
substance was delivered.]
5. When filing prescription information electronically pursuant to
subdivision four of this section, the proprietor of the pharmacy shall
dispose of any electronically recorded prescription information in such
manner as the commissioner shall by regulation require.
S 9. Subdivision 3 of section 3370 of the public health law, as added
by chapter 965 of the laws of 1974, is renumbered subdivision 4 and a
new subdivision 5 is added to read as follows:
5. ELECTRONIC PRESCRIPTION RECORDS SHALL BE MAINTAINED AND PRESERVED
IN ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER.
S 10. Section 3334 of the public health law, as amended by section 9
of part A of chapter 58 of the laws of 2004, is amended to read as
follows:
S 3334. Emergency oral prescriptions for schedule II drugs and certain
other controlled substances. 1. In an emergency situation, as defined by
rule or regulation of the department, a practitioner may orally
prescribe and a pharmacist may dispense to an ultimate user controlled
substances in schedule II and those schedule III or schedule IV
controlled substances as the commissioner may, by regulation, require;
provided however the pharmacist shall:
(a) contemporaneously reduce such prescription to writing OR TO THE
EXTENT AUTHORIZED BY FEDERAL REQUIREMENTS, TO AN ELECTRONIC RECORD;
(b) dispense the substance in conformity with the labeling require-
ments applicable to the type of prescription which would be required but
for the emergency; and
(c) make a good faith effort to verify the practitioner's identity, if
the practitioner is unknown to the pharmacist.
2. No oral prescription shall be filled for a quantity of controlled
substances which would exceed a five day supply if the substance were
used in accordance with the directions for use.
3. Within seventy-two hours after authorizing an emergency oral
prescription, the prescribing practitioner shall cause to be delivered
to the pharmacist the original of an official New York state
prescription OR AN ELECTRONIC PRESCRIPTION. Such prescription shall, in
addition to the information otherwise required, also have [written or
typed upon its face] UPON THE OFFICIAL NEW YORK STATE PRESCRIPTION OR
UPON THE ELECTRONIC PRESCRIPTION the words: "Authorization for emergen-
cy dispensing." If the pharmacist fails to receive such prescription he
or she shall notify the department in writing OR ELECTRONICALLY within
seven days from the date of dispensing the substance.
4. Such official New York state prescription OR ELECTRONIC
PRESCRIPTION shall be endorsed, AND retained and filed in the same
manner as is otherwise required for such prescriptions.
S 11. Section 3337 of the public health law, as amended by section 11
of part A of chapter 58 of the laws of 2004, is amended to read as
follows:
S 3337. Oral prescriptions schedule III, IV and V substances. 1.
Except as provided in section thirty-three hundred thirty-four of this
[article] TITLE, a practitioner may orally prescribe and a pharmacist
may dispense to an ultimate user controlled substances in schedules III,
IV or V provided however the pharmacist shall:
(a) contemporaneously reduce such prescription to writing OR, TO THE
EXTENT AUTHORIZED BY FEDERAL REQUIREMENTS, AN ELECTRONIC RECORD;
S. 3258 7
(b) dispense the substance in conformity with the labeling require-
ments applicable to a prescription; and
(c) make a good faith effort to verify the practitioner's identity, if
the practitioner is unknown to the pharmacist.
2. No oral prescription shall be filled for a quantity of controlled
substances which would exceed a five day supply if the controlled
substance were used in accordance with the directions for use, except
that with respect to a schedule IV substance such prescription shall not
exceed a thirty-day supply or one hundred dosage units, whichever is
less; provided, however, that this provision shall not apply to any
schedule IV controlled substance limited to a five day supply by section
thirty-three hundred thirty-four of this [article] TITLE.
3. Within seventy-two hours after authorizing such an oral
prescription, the prescribing practitioner shall cause to be delivered
to the pharmacist an official New York state prescription OR AN ELEC-
TRONIC PRESCRIPTION. If the pharmacist fails to receive such
prescription he OR SHE shall make a record of such fact in such manner
and detail as the commissioner in consultation with the commissioner of
education, by regulation, shall require.
4. Such official New York state prescription OR ELECTRONIC
PRESCRIPTION shall be endorsed, retained and filed in the same manner as
is otherwise required for such prescriptions.
S 12. Section 3381 of the public health law, as amended by section 9-a
of part B of chapter 58 of the laws of 2007, is amended to read as
follows:
S 3381. Sale and possession of hypodermic syringes and hypodermic
needles. 1. It shall be unlawful for any person to sell or furnish to
another person or persons, a hypodermic syringe or hypodermic needle
except:
(a) pursuant to a [written] prescription of a practitioner; or
(b) to persons who have been authorized by the commissioner to obtain
and possess such instruments; or
(c) by a pharmacy licensed under article one hundred thirty-seven of
the education law, health care facility licensed under article twenty-
eight of this chapter or a health care practitioner who is otherwise
authorized to prescribe the use of hypodermic needles or syringes within
his or her scope of practice; provided, however, that such sale or
furnishing: (i) shall only be to a person eighteen years of age or
older; (ii) shall be limited to a quantity of ten or less hypodermic
needles or syringes; and (iii) shall be in accordance with subdivision
five of this section.
2. It shall be unlawful for any person to obtain or possess a hypo-
dermic syringe or hypodermic needle unless such possession has been
authorized by the commissioner or is pursuant to a [written]
prescription, or is pursuant to subdivision five of this section.
3. Any person selling or furnishing a hypodermic syringe or hypodermic
needle pursuant to a prescription shall record upon the [face of the]
prescription, [over] his OR HER signature OR ELECTRONIC SIGNATURE, AND
the date of the sale or furnishing of the hypodermic syringe or hypo-
dermic needle. Such prescription shall be retained on file for a period
of five years and be readily accessible for inspection by any public
officer or employee engaged in the enforcement of this section. Such
prescription may be refilled not more than the number of times specif-
ically authorized by the prescriber upon the prescription, provided
however no such authorization shall be effective for a period greater
than two years from the date the prescription is signed.
S. 3258 8
4. The commissioner shall, subject to subdivision five of this
section, designate persons, or by regulation, classes of persons who may
obtain hypodermic syringes and hypodermic needles without prescription
and the manner in which such transactions may take place and the records
thereof which shall be maintained.
5. (a) A person eighteen years of age or older may obtain and possess
a hypodermic syringe or hypodermic needle pursuant to paragraph (c) of
subdivision one of this section.
(b) Subject to regulations of the commissioner, a pharmacy licensed
under article one hundred thirty-seven of the education law, a health
care facility licensed under article twenty-eight of this chapter or a
health care practitioner who is otherwise authorized to prescribe the
use of hypodermic needles or syringes within his or her scope of prac-
tice, may obtain and possess hypodermic needles or syringes for the
purpose of selling or furnishing them pursuant to paragraph (c) of
subdivision one of this section or for the purpose of disposing of them,
provided that such pharmacy, health care facility or health care practi-
tioner has registered with the department.
(c) Sale or furnishing of hypodermic syringes or hypodermic needles to
direct consumers pursuant to this subdivision by a pharmacy, health care
facility, or health care practitioner shall be accompanied by a safety
insert. Such safety insert shall be developed or approved by the commis-
sioner and shall include, but not be limited to, (i) information on the
proper use of hypodermic syringes and hypodermic needles; (ii) the risk
of blood borne diseases that may result from the use of hypodermic
syringes and hypodermic needles; (iii) methods for preventing the trans-
mission or contraction of blood borne diseases; (iv) proper hypodermic
syringe and hypodermic needle disposal practices; (v) information on the
dangers of injection drug use, and how to access drug treatment; (vi) a
toll-free phone number for information on the human immunodeficiency
virus; and (vii) information on the safe disposal of hypodermic syringes
and hypodermic needles including the relevant provisions of the environ-
mental conservation law relating to the unlawful release of regulated
medical waste. The safety insert shall be attached to or included in the
hypodermic syringe and hypodermic needle packaging, or shall be given to
the purchaser at the point of sale or furnishing in brochure form.
(d) In addition to the requirements of paragraph (c) of subdivision
one of this section, a pharmacy licensed under article one hundred thir-
ty-seven of the education law may sell or furnish hypodermic needles or
syringes only if such pharmacy: (i) does not advertise to the public the
availability for retail sale or furnishing of hypodermic needles or
syringes without a prescription; and (ii) at any location where hypo-
dermic needles or syringes are kept for retail sale or furnishing,
stores such needles and syringes in a manner that makes them available
only to authorized personnel and not openly available to customers.
(e) The commissioner shall promulgate rules and regulations necessary
to implement the provisions of this subdivision which shall include a
requirement that such pharmacies, health care facilities and health care
practitioners cooperate in a safe disposal of used hypodermic needles or
syringes.
(f) The commissioner may, upon the finding of a violation of this
section, suspend for a determinate period of time the sale or furnishing
of syringes by a specific entity.
6. The provisions of this section shall not apply to farmers engaged
in livestock production or to those persons supplying farmers engaged in
livestock production, provided that:
S. 3258 9
(a) Hypodermic syringes and needles shall be stored in a secure,
locked storage container.
(b) At any time the department may request a document outlining:
(i) the number of hypodermic needles and syringes purchased over the
past calendar year;
(ii) a record of all hypodermic needles used over the past calendar
year; and
(iii) a record of all hypodermic needles and syringes destroyed over
the past calendar year.
(c) Hypodermic needles and syringes shall be destroyed in a manner
consistent with the provisions set forth in section thirty-three hundred
eighty-one-a of this [article] TITLE.
S 13. Section 3381 of the public health law, as added by chapter 878
of the laws of 1972, subdivision 3 as amended by chapter 163 of the laws
of 1973, and subdivision 5 as added by chapter 639 of the laws of 1996,
is amended to read as follows:
S 3381. Sale and possession of hypodermic syringes and hypodermic
needles. 1. It shall be unlawful for any person to sell or furnish to
another person or persons, a hypodermic syringe or hypodermic needle
except:
(a) pursuant to a [written] prescription of a practitioner; or
(b) to persons who have been authorized by the commissioner to obtain
and possess such instruments.
2. It shall be unlawful for any person to obtain or possess a hypo-
dermic syringe or hypodermic needle unless such possession has been
authorized by the commissioner or is pursuant to a [written]
prescription.
3. Any person selling or furnishing a hypodermic syringe or hypodermic
needle pursuant to prescription, shall record upon the [face of the]
prescription, [over] his OR HER signature OR ELECTRONIC SIGNATURE, AND
the date of the sale or furnishing of the hypodermic syringe or hypo-
dermic needle. Such prescription shall be retained on file for a period
of five years and be readily accessible for inspection by any public
officer or employee engaged in the enforcement of this section. Such
prescription may be refilled not more than the number of times specif-
ically authorized by the prescriber upon the prescription, provided
however no such authorization shall be effective for a period greater
than two years from the date the prescription is signed.
4. The commissioner shall designate persons, or by regulation, classes
of persons who may obtain hypodermic syringes and hypodermic needles
without prescription and the manner in which such transactions may take
place and the records thereof which shall be maintained.
5. (a) The commissioner, in consultation with the commissioner of
alcoholism and substance abuse services, the commissioner of the depart-
ment of correctional services, the commissioner of the division of crim-
inal justice services, the commissioner of THE office of general
services, the commissioner of the office of mental health, the commis-
sioner of the office of mental retardation and developmental disabili-
ties and the director of the division for youth shall develop a limited
number of cooperative pilot projects to test the practicality and effec-
tiveness of the distribution of syringes for human injection which are
intended for single use and which are non-reusable. Such pilot projects
shall be demonstrated throughout the state in high risk clinical
settings of state operated facilities such as prisons, hospitals, youth
detention facilities, developmental centers and other state operated
S. 3258 10
facilities as the commissioner, in consultation with the above listed
commissioners and directors determine appropriate.
(b) On or before June thirtieth, nineteen hundred ninety-eight, the
commissioner and the commissioners and directors listed in paragraph (a)
of this subdivision shall evaluate the pilot projects established pursu-
ant to this subdivision, and shall submit a report of his or her evalu-
ation to the governor, the temporary president of the senate, and the
speaker of the assembly.
S 14. Subdivision (b) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 6 to read as follows:
(6) ORIPAVINE.
S 15. Subdivision (d) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 5 to read as follows:
(5) LISDEXAMFETAMINE.
S 16. Subdivision (h) of schedule II of section 3306 of the public
health law, as amended by chapter 473 of the laws of 1993, paragraphs
24, 25, 26, 27, and 28 as added by chapter 457 of the laws of 2006, is
amended to read as follows:
(h) Anabolic steroids. Unless specifically excepted or unless listed
in another schedule, "anabolic steroid" shall mean any drug or hormonal
substance, chemically and pharmacologically related to testosterone
(other than estrogens, progestins [and], corticosteroids AND DEHYDROE-
PIANDROSTERONE) that promotes muscle growth, [any drug or hormonal
substance that stimulates the endogenous production of steroids in the
human body which acts in the same manner, or any material, compound,
mixture, or preparation which contains any amount of the following
substances] OR ANY MATERIAL, COMPOUND, MIXTURE, OR PREPARATION WHICH
CONTAINS ANY AMOUNT OF THE FOLLOWING SUBSTANCES:
(1) 3{BETA}, 17-DIHYDROXY-5A-ANDROSTANE.
(2) 3{ALPHA}, 17{BETA}-DIHYDROXY-5A-ANDROSTANE.
(3) 5{ALPHA}-ANDROSTAN-3,17-DIONE.
(4) 1-ANDROSTENEDIOL (3{BETA},17{BETA}-DIHYDROXY-5{ALPHA}-ANDROST-1-
ENE).
(5) 1-ANDROSTENEDIOL (3{ALPHA},17{BETA}-DIHYDROXY-5{ALPHA}-ANDROST-1-
ENE).
(6) 4-ANDROSTENEDIOL (3{BETA}, 17{BETA}-DIHYDROXY-ANDROST-4-ENE).
(7) 5-ANDROSTENEDIOL (3{BETA}, 17{BETA}-DIHYDROXY-ANDROST-5-ENE).
(8) 1-ANDROSTENEDIONE ({5{ALPHA}}-ANDROST-1-EN-3,17-DIONE).
(9) 4-ANDROSTENEDIONE (ANDROST-4-EN-3,17-DIONE).
(10) 5-ANDROSTENEDIONE (ANDROST-5-EN-3,17-DIONE).
(11) BOLASTERONE (7{ALPHA},17{ALPHA}-DIMETHYL-17{BETA}-HYDROXYANDROST-4-
EN-3-ONE).
(12) Boldenone (17{BETA}-HYDROXYANDROST-1, 4,-DIENE-3-ONE).
(13) CALUSTERONE (7{BETA}, 17{ALPHA}-DIMETHYL-17{BETA}-HYDROXYANDROST-
4-EN-3-ONE).
[(2)] (14) Clostebol (4-CHLORO-17{BETA}-HYDROXYANDROST-4-EN-3-ONE).
[(3)] (15) Dehydrochloromethyltestosterone (4-CHLORO-17{BETA}-HYDROXY-
17{ALPHA}-METHYL-ANDROST-1, 4-DIEN-3-ONE).
(16) {DELTA} 1-DIHYDROTESTOSTERONE (A.K.A. '1-TESTOSTERONE') (17
{BETA}-HYDROXY-5{ALPHA}-ANDROST-1-EN-3-ONE).
(17) 4-DIHYDROTESTOSTERONE (17{BETA}-HYDROXY-ANDROSTAN-3-ONE).
[(4)] (18) Drostanolone (17{BETA}-HYDROXY-2{ALPHA}-METHYL-5{ALPHA}
-ANDROSTAN-3-ONE).
[(5)] (19) Ethylestrenol (17{ALPHA}-ETHYL-17{BETA}-HYDROXYESTR-4-ENE).
[(6)] (20) Fluoxymesterone (9-FLUORO-17{ALPHA}-METHYL-11{BETA}, 17
{BETA}-DIHYDROXANDROST-4-EN-3-ONE).
S. 3258 11
[(7) Formebulone (formebolone).
(8) Mesterolene.]
(21) FORMEBOLONE (2-FORMYL-17{ALPHA}- METHYL-11{ALPHA}, 17{BETA}-
DIHYDROXYANDROST-1, 4-DIEN-3-ONE).
(22) FURAZABOL (17{ALPHA}-METHYL-17{BETA}-HYDROXYANDROSTANO{2, 3-C}-
FURAZAN).
(23) 13{BETA}-ETHYL-17{ALPHA}-HYDROXYGON-4-EN-3-ONE.
(24) 4-HYDROXYTESTOSTERONE (4,17{BETA}-DIHYDROXYANDROST-4-EN-3-ONE).
(25) 4-HYDROXY-19-NORTESTOSTERONE (4,17{BETA}-DIHYDROXY-ESTR-4-EN-3-
ONE).
(26) MESTANOLONE (17{ALPHA}-METHYL-17{BETA}-HYDROXY-5-ANDROSTAN-3-ONE).
(27) MESTEROLONE (1{ALPHA}-METHYL-17{BETA}-HYDROXY-{5{ALPHA}}-ANDROSTAN-
3-ONE).
(28) METHANDIENONE (17{ALPHA}-METHYL-17{BETA}-HYDROXYANDROST-1,4-DIEN-
3-ONE).
[(9)] (29) Methandriol (17{ALPHA}-METHYL-3{BETA}, 17{BETA}-
DIHYDROXYANDROST-5-ENE).
[(10) Methandrostenolone.
(11)] (30) Methenolone (1-METHYL-17{BETA}-HYDROXY-5{ALPHA}-ANDROST-
1-EN-3-ONE).
(31) 17{ALPHA}-METHYL-3{BETA}, 17{BETA}-DIHYDROXY-5A-ANDROSTANE.
(32) 17{ALPHA}-METHYL-3{ALPHA}, 17{BETA}-DIHYDROXY-5A-ANDROSTANE.
(33) 17{ALPHA}-METHYL-3{BETA}, 17{BETA}-DIHYDROXYANDROST-4-ENE.
(34) 17{ALPHA}-METHYL-4-HYDROXYNANDROLONE (17{ALPHA}-METHYL-4-HYDROXY-
17{BETA}-HYDROXYESTR-4-EN-3-ONE).
(35) METHYLDIENOLONE (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTRA-4,9(10)
-DIEN-3-ONE).
(36) METHYLTRIENOLONE (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTRA-4,9-11-
TRIEN-3-ONE).
[(12)] (37) Methyltestosterone (17{ALPHA}-METHYL-17{BETA}-
HYDROXYANDROST-4-EN-3-ONE).
[(13)] (38) Mibolerone (7{ALPHA},17{ALPHA}-DIMETHYL-17{BETA}-
HYDROXYESTR-4-EN-3-ONE).
(39) 17{ALPHA}-METHYL-{DELTA} 1-DIHYDROTESTOSTERONE
(17B{BETA}-HYDROXY-17{ALPHA}-METHYL-5{ALPHA}-ANDROST-1-EN-3-ONE)(A.K.A.
'17-{ALPHA}-METHYL-1-TESTOSTERONE').
[(14)] (40) Nandrolone (17{BETA}-HYDROXYESTR-4-EN-3-ONE).
(41) 19-NOR-4-ANDROSTENEDIOL (3{BETA},17{BETA}-DIHYDROXYESTR-4-ENE).
(42) 19-NOR-4-ANDROSTENEDIOL (3{ALPHA},17{BETA}-DIHYDROXYESTR-4-ENE).
(43) 19-NOR-5-ANDROSTENEDIOL (3{BETA},17{BETA}-DIHYDROXYESTR-5-ENE).
(44) 19-NOR-5-ANDROSTENEDIOL (3{ALPHA},17{BETA}-DIHYDROXYESTR-5-ENE).
(45) 19-NOR-4-ANDROSTENEDIONE (ESTR-4-EN-3,17-DIONE).
(46) 19-NOR-5-ANDROSTENEDIONE (ESTR-5-EN-3,17-DIONE).
(47) NORBOLETHONE (13{BETA}, 17{ALPHA}-DIETHYL-17{BETA}-HYDROXYGON-
4-EN-3-ONE).
(48) NORCLOSTEBOL (4-CHLORO-17{BETA}-HYDROXYESTR-4-EN-3-ONE).
[(15)] (49) Norethandrolone (17{ALPHA}-ETHYL-17{BETA}-HYDROXYESTR-
4-EN-3-ONE).
(50) NORMETHANDROLONE (17{ALPHA}-METHYL-17{BETA}-HYDROXYESTR-4-EN-
3-ONE).
[(16)] (51) Oxandrolone (17{ALPHA}-METHYL-17{BETA}-HYDROXY-2-OXA-
{5{ALPHA}}-ANDROSTAN-3-ONE).
[(17)] (52) Oxymesterone (17{ALPHA}-METHYL-4, 17{BETA}-DIHYDROXY-
ANDROST-4-EN-3-ONE).
[(18)] (53) Oxymetholone (17 {ALPHA}-METHYL-2-HYDROXYMETHYLENE-17
{BETA}-HYDROXY-{5{ALPHA}}- ANDROSTAN-3-ONE).
S. 3258 12
[(19) Stanolone.
(20)] (54) Stanozolol (17{ALPHA}-METHYL-17{BETA}-HYDROXY-{5{ALPHA}}-
ANDROST-2-ENO{3, 2-C}-PYRAZOLE).
(55) STENBOLONE (17{BETA}-HYDROXY-2-METHYL-{5{ALPHA}}-ANDROST-
1-EN-3-ONE).
(56) TESTOLACTONE (13-HYDROXY-3-OXO-13, 17-SECOANDROSTA-1,
4-DIEN-17-OIC ACID LACTONE).
[(21)] (57) Testosterone (17{BETA}-HYDROXYANDROST-4-EN-3-ONE).
(58) TETRAHYDROGESTRINONE (13{BETA}, 17{ALPHA}-DIETHYL-17{BETA}-
HYDROXYGON-4, 9, 11-TRIEN-3-ONE).
[(22)] (59) Trenbolone (17{BETA}-HYDROXYESTR-4, 9, 11-TRIEN-3-ONE).
[(23)] (60) Any salt, ester or [isomer] ETHER of a drug or substance
described or listed in this subdivision[, if such salt, ester or isomer
promotes muscle growth].
[(24) Chlorotestosterone (4-chlorotestosterone).
(25) Dihydrotestosterone (4-dihydrotestosterone).
(26) Methandienone.
(27) Methandranone.
(28) Testolactone.]
S 17. Subdivision (c) of schedule III of section 3306 of the public
health law is amended by adding a new paragraph 14 to read as follows:
(14) EMBUTRAMIDE.
S 18. Subdivision (f) of schedule III of section 3306 of the public
health law, as added by chapter 575 of the laws of 2001, is amended to
read as follows:
(f) (I) Dronabinol [(synthetic)] in sesame oil and encapsulated in a
soft gelatin capsule in a DRUG PRODUCT APPROVED FOR MARKETING BY THE
U.S. Food and Drug Administration [approved drug product] (FDA).
(II) ANY DRUG PRODUCT IN TABLET OR CAPSULE FORM CONTAINING NATURAL
DRONABINOL DERIVED FROM THE CANNABIS (PLANT) OR SYNTHETIC DRONABINOL
(PRODUCED FROM SYNTHETIC MATERIALS) FOR WHICH AN ABBREVIATED NEW DRUG
APPLICATION (ANDA) HAS BEEN APPROVED BY THE FDA UNDER SECTION 505(J) OF
THE FEDERAL FOOD, DRUG, AND COSMETIC ACT WHICH REFERENCES AS ITS LISTED
DRUG THE DRUG PRODUCT REFERRED TO IN PARAGRAPH (I) OF THIS SUBDIVISION.
Some other names for dronabinol INCLUDE: (6aR-trans)-6a, 7, 8,
10a-tetrahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo{b,d} pyran-1-o1, or
(-) delta-9-(trans) - tetrahydrocannabinol.
S 19. Schedule III of section 3306 of the public health law is amended
by adding a new subdivision (h) to read as follows:
(H) GROWTH HORMONE AS SYNTHESIZED GROWTH HORMONE, RECOMBINANT HUMAN
GROWTH HORMONE AND/OR NATURALLY OCCURRING HUMAN GROWTH HORMONE. UNLESS
SPECIFICALLY EXCEPTED OR UNLESS LISTED IN ANOTHER SCHEDULE ANY MATERIAL,
COMPOUND, MIXTURE, OR PREPARATION WHICH CONTAINS ANY AMOUNT OF GROWTH
HORMONE AS SYNTHESIZED GROWTH HORMONE, RECOMBINANT HUMAN GROWTH HORMONE
AND/OR NATURALLY OCCURRING HUMAN GROWTH HORMONE.
S 20. Schedule V of section 3306 of the public health law is amended
by adding a new subdivision (d) to read as follows:
(D) DEPRESSANTS. UNLESS SPECIFICALLY EXEMPTED OR EXCLUDED OR UNLESS
LISTED IN ANOTHER SCHEDULE, ANY MATERIAL, COMPOUND, MIXTURE, OR
PREPARATION WHICH CONTAINS ANY QUANTITY OF THE FOLLOWING SUBSTANCES
HAVING A DEPRESSANT EFFECT ON THE CENTRAL NERVOUS SYSTEM, INCLUDING ITS
SALTS:
(1) PREGABALIN ((S)-3-(AMINOMETHYL)-5-METHYLHEXANOIC ACID).
S 21. Section 3352 of the public health law, as added by chapter 433
of the laws of 1986 and subdivision 1 as amended by chapter 558 of the
laws of 1999, is amended to read as follows:
S. 3258 13
S 3352. Reports and records. [1.] Persons certified pursuant to
article [twenty-three or] thirty-two of the mental hygiene law to
operate methadone maintenance treatment programs shall keep records
showing the receipt, administration, dispensing, or destruction of all
controlled substances AND DOCUMENTING EACH INCIDENT OR ALLEGED INCIDENT
INVOLVING THE THEFT, LOSS OR POSSIBLE DIVERSION OF CONTROLLED SUBSTANCES
and SHALL maintain the records in such manner and detail as the commis-
sioner, by regulation, shall require.
[2. By the tenth day of each month, a] A person certified to conduct a
maintenance program shall IMMEDIATELY file A REPORT with the department
[a report summarizing its activity in the preceding month. Such report
shall include:
(a) an inventory of the quantity of controlled substance on hand at
the commencement and at the conclusion of such month's activity;
(b) the total quantity of controlled substance received, the distribu-
tor from whom each order was received, and the form or dosage unit in
which such substance was received;
(c) the total quantity of controlled substance prescribed, dispensed,
and administered during such month;
(d)] OF each incident or alleged incident involving the theft, loss or
possible diversion of controlled substances.
S 22. This act shall take effect immediately; provided, however that
sections one through three and section twenty-one of this act shall take
effect on the one hundred eightieth day after it shall have become a
law; and that sections fourteen through twenty of this act shall take
effect on the ninetieth day after it shall have become a law; provided
further, however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized and directed to be made
and completed by the commissioner of health on or before such effective
date; and provided, further, that the amendments to section 3381 of the
public health law made by section twelve of this act shall be subject to
the expiration and reversion of such section pursuant to section 5 of
part G of chapter 56 of the laws of 2000, as amended, when upon such
date the provisions of section thirteen of this act shall take effect.
