Section 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;
    (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. Such prescription shall, in addition  to  the  information
  otherwise  required, also have written or typed upon its face the words:
  "Authorization for emergency dispensing." If  the  pharmacist  fails  to
  receive  such  prescription  he  or  she  shall notify the department in
  writing within seven days from the date of dispensing the substance.
    4. Such official  New  York  state  prescription  shall  be  endorsed,
  retained  and filed in the same manner as is otherwise required for such
  prescriptions.