2019 New York Laws
PBH - Public Health
Article 33 - Controlled Substances
Title 4 - Dispensing to Ultimate Users
3334 - Emergency Oral Prescriptions for Schedule Ii Drugs and Certain Other Controlled Substances.

§ 3334. Emergency oral prescriptions for schedule II drugs and certain
other controlled substances. 1. In an emergency situation, as defined by
rule  or  regulation  of  the  department,  a  practitioner  may  orally
prescribe and a pharmacist may dispense to an ultimate  user  controlled
substances  in  schedule  II  and  those  schedule  III  or  schedule IV
controlled substances as the commissioner may, by  regulation,  require;
provided however the pharmacist shall:
  (a)  contemporaneously  reduce  such prescription to writing or to the
extent authorized by federal requirements, to an electronic record;
  (b)  dispense  the  substance  in   conformity   with   the   labeling
requirements  applicable  to  the  type  of  prescription which would be
required but for the emergency; 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 substance were
used in accordance with the directions for use.
  3. Within  seventy-two  hours  after  authorizing  an  emergency  oral
prescription,  the  prescribing practitioner shall cause to be delivered
to  the  pharmacist  the  original  of  an  official  New   York   state
prescription  or an electronic prescription. Such prescription shall, in
addition to the information  otherwise  required,  also  have  upon  the
official New York state prescription or upon the electronic prescription
the  words:  "Authorization for emergency dispensing." If the pharmacist
fails to receive such prescription he or she shall notify the department
in writing  or  electronically  within  seven  days  from  the  date  of
dispensing the substance.
  4.   Such   official   New   York  state  prescription  or  electronic
prescription shall be endorsed, and  retained  and  filed  in  the  same
manner as is otherwise required for such prescriptions.