2006 New York Code - Scheduled Substances Administering And Dispensing By Practitioners.

 
    §   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 a manner and detail as the commissioner shall,
  by regulation, require. Such information shall be  filed  by  not  later
  than  the  fifteenth  day of the next month following the month in which
  the controlled substance was delivered. 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, prescribe
  or 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.