Section 3337. Oral prescriptions schedule III, IV and V substances

1.
  Except as provided in section thirty-three hundred thirty-four  of  this
  article,  a  practitioner  may  orally  prescribe  and  a pharmacist may
  dispense to an ultimate user controlled substances in schedules III,  IV
  or V provided however the pharmacist shall:
    (a) contemporaneously reduce such prescription to writing;
    (b)   dispense   the   substance   in  conformity  with  the  labeling
  requirements applicable to a prescription; 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 controlled
  substance were used in accordance with the directions  for  use,  except
  that with respect to a schedule IV substance such prescription shall not
  exceed  a  thirty-day  supply  or one hundred dosage units, whichever is
  less; provided, however, that this provision  shall  not  apply  to  any
  schedule IV controlled substance limited to a five day supply by section
  thirty-three hundred thirty-four of this article.
    3.   Within   seventy-two   hours   after  authorizing  such  an  oral
  prescription, the prescribing practitioner shall cause to  be  delivered
  to  the  pharmacist  an  official  New  York  state prescription. If the
  pharmacist fails to receive such prescription he shall make a record  of
  such  fact in such manner and detail as the commissioner in consultation
  with the commissioner of education, by regulation, shall require.
    4. Such official  New  York  state  prescription  shall  be  endorsed,
  retained  and filed in the same manner as is otherwise required for such
  prescriptions.