Section 3338. Official New York state prescription forms  


Latest version.
  • 1. Official New
      York state prescription forms  shall  be  prepared  and  issued  by  the
      department  in the manner and detail as the commissioner in consultation
      with the commissioner of education may,  by  regulation,  require,  and,
      each  form  shall  be  serialized.  Such  forms  shall  be  furnished to
      practitioners  authorized   to   write   such   prescriptions   and   to
      institutional   dispensers.   Such  prescription  blanks  shall  not  be
      transferable.
        2. Except as expressly  authorized  by  section  thirty-three  hundred
      thirty-four  or  thirty-three  hundred  thirty-seven  of  this  article,
      controlled substances may  be  prescribed  or  dispensed  only  upon  an
      official  New  York  state  prescription or, pursuant to regulations, an
      electronic prescription or out-of-state prescription.
        3. The commissioner in consultation with the commissioner of education
      is hereby authorized and empowered to make rules  and  regulations,  not
      inconsistent  with this article, with respect to the retention or filing
      of  such  official  New  York  state  prescription   forms,   electronic
      prescriptions  and  out-of-state  prescriptions,  including  information
      required to be filed with the department, the maximum number of official
      prescription forms which may be issued at any one time,  the  manner  in
      which  such  forms shall be issued, the period of time after issuance by
      the department that such form shall remain valid for use, and the manner
      in which practitioners associated with institutional dispensers may  use
      such  forms,  or  any  other  matter of procedure or detail necessary to
      effectuate or clarify the provisions  of  this  section  and  to  secure
      proper and effective enforcement of the provisions of this article.
        4.  Upon  a  finding  by  the commissioner that a person has willfully
      failed to comply with the provisions of this article,  the  commissioner
      may  revoke,  cancel  or  withhold  official New York state prescription
      forms which have been issued or for which application has been made.