Section 80.85 - Administration of controlled substances to addicts and habitual users

DISPENSING TO ADDICTS AND HABITUAL USERS, AND TREATMENT PROGRAMS

80.85 Administration of controlled substances to addicts and habitual users. (a) The administration of controlled substances to narcotic addicts or habitual users of controlled substances is prohibited except as provided for in this Part.

(b) Controlled substances may be administered to narcotic addicts or habitual users of controlled substances upon the order of a person authorized by law to practice medicine or osteopathy in this State and who possesses a Federal registration by the Drug Enforcement Administration, United States Department of Justice, authorizing him to use controlled substances in connection with his professional practice as follows:

(1) for bona fide patients suffering from disease known to be incurable, such as cancer, advanced tuberculosis, and other diseases well recognized as coming within this class;

(2) for addicts who are aged and infirm, or severely ill and it is determined that withdrawal of controlled substances would be dangerous to life, provided that:

(i) such determination has been confirmed by adequate consultation;

(ii) complete records of treatment, administration or dispensing of controlled substances including patient's name, date and type and quantity of controlled substance administered or dispensed are kept;

(iii) adequate safeguards have been taken against diversion of the controlled substances from the intended use; and

(iv) the patient is carefully supervised;

(3) to relieve acute withdrawal symptoms, except that:

(i) only the amount of controlled substances essential for relief of such acute symptoms shall be administered; and

(ii) administration shall be in an institutional or other setting reasonably certain to provide a drug-free environment;

(4) for detoxification of an addict participating in an authorized treatment program approved pursuant to article 23 of the Mental Hygiene Law; and

(5) for treatment of addicts participating in an authorized methadone or other controlled substances maintenance program approved pursuant to article 23 of the Mental Hygiene Law.

(c) In properly verified cases of severe illness, infirmity, or physical disability, a licensed physician, registered nurse, licensed practical nurse, or registered pharmacist may deliver medication to the patient.
 

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