§ 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
requirements 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 upon the
official New York state prescription or upon the electronic prescription
the words: "Authorization for emergency 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.