§ 3337. Oral prescriptions schedule III, IV and V substances. 1.
Except as provided in section thirty-three hundred thirty-four of this
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;

(b) dispense the substance in conformity with the labeling
requirements 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 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
electronic 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.