2006 New York Code - Dispensing Upon Official New York State Prescription.

 
    §  3333.  Dispensing  upon  official New York state prescription. 1. A
  licensed pharmacist may, in good faith and in the course of his  or  her
  professional  practice, sell and dispense to an ultimate user controlled
  substances only  upon  the  delivery  of  an  official  New  York  state
  prescription  to  such  pharmacist,  within thirty days of the date such
  prescription  was  signed  by  an  authorized  practitioner;   provided,
  however,   a   pharmacist  may  dispense  a  part  or  portion  of  such
  prescription in accordance  with  regulations  of  the  commissioner  in
  consultation   with  the  commissioner  of  education.  No  pharmacy  or
  pharmacist may sell or dispense greater than a thirty day  supply  of  a
  controlled  substance  to an ultimate user unless and until the ultimate
  user has exhausted  all  but  a  seven  day  supply  of  the  controlled
  substance  provided  pursuant  to  any  previously  issued prescription,
  except that a pharmacy or pharmacist may sell or dispense up to a  three
  month  supply of a controlled substance if there appears, on the face of
  the  official  New  York  state  prescription,  a  statement  that   the
  controlled  substance has been prescribed to treat one of the conditions
  that have been enumerated by the  regulations  of  the  commissioner  as
  warranting  the  prescribing  of  greater  than a thirty day supply of a
  controlled substance. A pharmacy or pharmacist may sell or  dispense  up
  to  a  six  month  supply  of any substance listed in subdivision (h) of
  Schedule II of section three thousand three hundred six of this  article
  if   there  appears,  on  the  face  of  the  official  New  York  state
  prescription, a statement that the  substance  has  been  prescribed  to
  treat one of the conditions that have been enumerated by the regulations
  of the commissioner as warranting the prescribing of a specified greater
  supply.
    2.  No  controlled  substance may be so dispensed or sold unless it is
  enclosed within a suitable 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  pharmacy  from
  which such substance is dispensed;
    (iii) specific directions for use as stated on the prescription;
    (iv) the name of the prescribing practitioner;
    (v)  the  legend,  prominently marked or printed in either boldface or
  upper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS  UNLESS  USED  AS
  DIRECTED";
    (vi)  the number of the prescription under which it is recorded in the
  pharmacist's prescription file;
    (vii) such code number assigned by the department for  the  particular
  substance  pursuant  to  section  thirty-three  hundred eighteen of this
  article, or when  requested  by  the  practitioner,  the  name  of  such
  substance;
    (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.
    3.  The pharmacist filling the controlled substance prescription shall
  endorse upon the original the date of delivery and his or her signature.
    4.  The  endorsed  original  prescription  shall  be  retained  by the
  proprietor of the pharmacy for a period of five years. The proprietor of
  the  pharmacy  shall  file  such  prescription  information   with   the
  department  by  electronic  means  in  such  manner  and  detail  as the
  commissioner in consultation with the commissioner of  education  shall,
  by  regulation, require. Such prescription information shall be filed by
  not later than the fifteenth day of the next month following  the  month
  in which the substance was delivered.
    5.  When  filing  prescription  information electronically pursuant to
  subdivision four of this section, the proprietor of the  pharmacy  shall
  dispose  of any electronically recorded prescription information in such
  manner as the commissioner shall by regulation require.