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This entry was published on 2014-09-22
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SECTION 3332
Making of official New York state prescriptions or electronic prescriptions for scheduled substances
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 4
§ 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.

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
conditions that have been enumerated by the commissioner pursuant to
regulations 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
ultimate 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 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 commissioner
pursuant to regulations as warranting the prescribing of a six month
supply and that the practitioner specifies the condition on 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.