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.
Last modified: February 3, 2019