Section 3331. Scheduled substances administering and dispensing by practitioners  


Latest version.
  • 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.