§ 3333. Dispensing upon official New York state prescription or
electronic 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
official 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,
however, 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 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 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 thirty-three hundred six of this article
if there appears, on 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
proprietor of the pharmacy for a period of five years. The proprietor of
the pharmacy shall file or cause to be filed such prescription
information with the department by electronic means on a real time basis
as the commissioner in consultation with the commissioner of education
shall, by regulation, require; provided, however, that the commissioner
may, pursuant to a process established in regulation, grant a waiver
allowing a pharmacy to make such filings within a longer period of time
if and to the extent that the commissioner finds it warranted, in his or
her discretion, due to economic hardship, technological limitations that
are not reasonably within the control of the pharmacy, or other
exceptional circumstance demonstrated by the pharmacy; and provided,
further, however, that such regulations shall specify the manner in
which such requirements shall apply to the delivery of controlled
substances to individuals in this state by means of mail or licensed
express delivery services.

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.