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.
Last modified: February 3, 2019