State Codes and Statutes

Statutes > New-york > Pbh > Article-33 > Title-4 > 3331

§   3331.   Scheduled   substances  administering  and  dispensing  by  practitioners. 1. Except as provided in titles III or V of this article,  no substance in schedules II, III, IV, or V may  be  prescribed  for  or  dispensed or administered to an addict or habitual user.    2.  A  practitioner,  in  good  faith, and in the course of his or her  professional practice  only,  may  prescribe,  administer  and  dispense  substances  listed  in  schedules  II,  III, IV, and V, or he or she may  cause the same to be administered by a designated agent under his or her  direction and supervision.    3. A veterinarian, in good faith, and in the course of the practice of  veterinary  medicine  only,  may  prescribe,  administer  and   dispense  substances  listed  in schedules II, III, IV, and V or he may cause them  to be administered  by  a  designated  agent  under  his  direction  and  supervision.    4.  No  such substance may be dispensed unless it is enclosed within a  suitable and durable 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 dispensing  practitioner;    (iii) specific directions for use, including but not  limited  to  the  dosage and frequency of dosage, and the maximum daily dosage;    (iv)  the  legend, prominently marked or printed in either boldface or  upper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS  UNLESS  USED  AS  DIRECTED";    (v) the date of dispensing;    (vi)  either the name of the substance or such code number assigned by  the  department  for  the  particular  substance  pursuant  to   section  thirty-three hundred eighteen of this article;    (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.    5. No more than a thirty day supply or, pursuant to regulations of the  commissioner   enumerating   conditions   warranting  specified  greater  supplies, no more than a three month supply of a schedule II, III or  IV  substance, as determined by the directed dosage and frequency of dosage,  may be dispensed by an authorized practitioner at one time.    6.  A  practitioner  dispensing  a  controlled  substance  shall  file  information  pursuant  to  such  dispensing  with  the   department   by  electronic means in such manner and detail as the commissioner shall, by  regulation,  require. 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.    7.  A  practitioner  may  not  administer,  prescribe  or dispense any  substance referred to in subdivision (h) or subdivision (j) of  Schedule  II of section three thousand three hundred six of this article for other  than  therapeutic purposes. A practitioner may not administer, prescribeor dispense any such substance to any individual without first obtaining  the informed consent of such individual, or where the  individual  lacks  capacity to give such consent, a person legally authorized to consent on  his or her behalf.

State Codes and Statutes

Statutes > New-york > Pbh > Article-33 > Title-4 > 3331

§   3331.   Scheduled   substances  administering  and  dispensing  by  practitioners. 1. Except as provided in titles III or V of this article,  no substance in schedules II, III, IV, or V may  be  prescribed  for  or  dispensed or administered to an addict or habitual user.    2.  A  practitioner,  in  good  faith, and in the course of his or her  professional practice  only,  may  prescribe,  administer  and  dispense  substances  listed  in  schedules  II,  III, IV, and V, or he or she may  cause the same to be administered by a designated agent under his or her  direction and supervision.    3. A veterinarian, in good faith, and in the course of the practice of  veterinary  medicine  only,  may  prescribe,  administer  and   dispense  substances  listed  in schedules II, III, IV, and V or he may cause them  to be administered  by  a  designated  agent  under  his  direction  and  supervision.    4.  No  such substance may be dispensed unless it is enclosed within a  suitable and durable 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 dispensing  practitioner;    (iii) specific directions for use, including but not  limited  to  the  dosage and frequency of dosage, and the maximum daily dosage;    (iv)  the  legend, prominently marked or printed in either boldface or  upper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS  UNLESS  USED  AS  DIRECTED";    (v) the date of dispensing;    (vi)  either the name of the substance or such code number assigned by  the  department  for  the  particular  substance  pursuant  to   section  thirty-three hundred eighteen of this article;    (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.    5. No more than a thirty day supply or, pursuant to regulations of the  commissioner   enumerating   conditions   warranting  specified  greater  supplies, no more than a three month supply of a schedule II, III or  IV  substance, as determined by the directed dosage and frequency of dosage,  may be dispensed by an authorized practitioner at one time.    6.  A  practitioner  dispensing  a  controlled  substance  shall  file  information  pursuant  to  such  dispensing  with  the   department   by  electronic means in such manner and detail as the commissioner shall, by  regulation,  require. 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.    7.  A  practitioner  may  not  administer,  prescribe  or dispense any  substance referred to in subdivision (h) or subdivision (j) of  Schedule  II of section three thousand three hundred six of this article for other  than  therapeutic purposes. A practitioner may not administer, prescribeor dispense any such substance to any individual without first obtaining  the informed consent of such individual, or where the  individual  lacks  capacity to give such consent, a person legally authorized to consent on  his or her behalf.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbh > Article-33 > Title-4 > 3331

§   3331.   Scheduled   substances  administering  and  dispensing  by  practitioners. 1. Except as provided in titles III or V of this article,  no substance in schedules II, III, IV, or V may  be  prescribed  for  or  dispensed or administered to an addict or habitual user.    2.  A  practitioner,  in  good  faith, and in the course of his or her  professional practice  only,  may  prescribe,  administer  and  dispense  substances  listed  in  schedules  II,  III, IV, and V, or he or she may  cause the same to be administered by a designated agent under his or her  direction and supervision.    3. A veterinarian, in good faith, and in the course of the practice of  veterinary  medicine  only,  may  prescribe,  administer  and   dispense  substances  listed  in schedules II, III, IV, and V or he may cause them  to be administered  by  a  designated  agent  under  his  direction  and  supervision.    4.  No  such substance may be dispensed unless it is enclosed within a  suitable and durable 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 dispensing  practitioner;    (iii) specific directions for use, including but not  limited  to  the  dosage and frequency of dosage, and the maximum daily dosage;    (iv)  the  legend, prominently marked or printed in either boldface or  upper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS  UNLESS  USED  AS  DIRECTED";    (v) the date of dispensing;    (vi)  either the name of the substance or such code number assigned by  the  department  for  the  particular  substance  pursuant  to   section  thirty-three hundred eighteen of this article;    (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.    5. No more than a thirty day supply or, pursuant to regulations of the  commissioner   enumerating   conditions   warranting  specified  greater  supplies, no more than a three month supply of a schedule II, III or  IV  substance, as determined by the directed dosage and frequency of dosage,  may be dispensed by an authorized practitioner at one time.    6.  A  practitioner  dispensing  a  controlled  substance  shall  file  information  pursuant  to  such  dispensing  with  the   department   by  electronic means in such manner and detail as the commissioner shall, by  regulation,  require. 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.    7.  A  practitioner  may  not  administer,  prescribe  or dispense any  substance referred to in subdivision (h) or subdivision (j) of  Schedule  II of section three thousand three hundred six of this article for other  than  therapeutic purposes. A practitioner may not administer, prescribeor dispense any such substance to any individual without first obtaining  the informed consent of such individual, or where the  individual  lacks  capacity to give such consent, a person legally authorized to consent on  his or her behalf.