Section 80.74 - Pharmacists; dispensing schedule III, IV and V controlled substances

80.74 Pharmacists; dispensing schedule III, IV and V controlled substances.

(a) Except as provided in sections 80.67 and 80.73 of this Part, a licensed, registered pharmacist, or a pharmacy intern acting in conformity with the provisions of section 6808 of the Education Law, and regulations thereunder, in a registered pharmacy may, in good faith and in the course of his professional practice, dispense to an ultimate user, controlled substances in schedule III, IV or V provided they are dispensed pursuant to a prescription presented within 30 days of the date such prescription was signed by an authorized practitioner.

(b) Such substances may be dispensed only if packaged and labeled in conformity with provisions set forth in section 80.73(b) of this Part.

(c) A licensed, registered pharmacist in a registered pharmacy may, in good faith and in the course of his/her professional practice, sell and dispense, to an ultimate user, controlled substances for which a prescription is required upon the delivery to such pharmacist, within 30 days of the date such prescription, or official New York State prescription, or an out-of-state written prescription if sent by facsimile in accordance with subdivision (e) or subdivision (f) of section 80.69 of this Part was issued by an authorized practitioner.

(d) Within 72 hours after transmitting a prescription to a pharmacist by facsimile in accordance with subdivision (e) or (f) of section 80.69 of this Part, the prescribing practitioner shall cause to be delivered to the pharmacist the original official New York State prescription or the original out-of-state written prescription. Such original prescription shall be attached to the prescription transmitted by facsimile. If the pharmacist fails to receive such original prescription, he/she shall notify the Department in writing within 7 days from the date of dispensing the substance.

(e) The pharmacist filling the prescription shall endorse on such prescription his/her signature, the date of filling, and the number of the prescription under which it is recorded in the pharmacy prescription file. Such endorsed prescription shall be retained by the proprietor of the pharmacy for a period of five years. Prescription information from the filling of such prescription shall be filed with the department in accordance with section 80.73(f) of this Part.

(f) A pharmacy shall make a good faith effort to verify the identity of any person accepting delivery of a dispensed prescription for a controlled substance by requiring such person, if unknown to the pharmacy, to present appropriate identification.
(g) When a prescription prepared by a practitioner is incomplete, the practitioner may orally furnish the missing information to the pharmacist and authorize him to enter the missing information on the prescription. The pharmacist shall write the date he or she received the oral authorization on the prescription and shall affix his or her signature. This procedure shall not apply to unsigned or undated prescriptions or where the name and/or quantity of the controlled substance is not specified or where the name of the ultimate user is missing. The pharmacist is not required to obtain authorization from the practitioner to enter the patient's address, sex or age if the pharmacist obtains this information through a good-faith effort.

(h) A practitioner may orally authorize a pharmacist to change information on a controlled substance prescription. This procedure shall not apply to the practitioner's signature, date the prescription was signed by the practitioner, drug name or name of the ultimate user. The pharmacist shall write the date he or she received the oral authorization on the prescription, reason for the change and his or her signature. The pharmacist shall also indicate the change on the face of the prescription and initial the change.

(i) When a pharmacist fills a prescription in a manner that would require, under subdivision (g) or subdivision (h) of this section, the pharmacist to make a notation on the prescription if the prescription were written, the pharmacist shall make the same notation electronically when filling an electronic prescription and retain the annotation electronically in the prescription record.

(j) Except as provided in sections 80.67 and 80.73 of this Part, a pharmacist may partially fill a prescription for a controlled substance provided that:

(1) each partial filling is recorded in the same manner as a refill;

(2) the total quantity dispensed does not exceed the total quantity prescribed for a 30 day period.

(k) When a pharmacist receives a prescription for a schedule III, IV or V controlled substance that indicates that it was originally transmitted electronically to the pharmacy, the pharmacist shall check the records to ensure that the electronic version was not received and the prescription dispensed. If both prescriptions were received, the pharmacist shall mark one as void.

(l) When a pharmacist receives a prescription for a schedule III, IV or V controlled substance that indicates that it was originally transmitted electronically to another pharmacy, the pharmacist shall check with an employee at that pharmacy to determine whether the prescription was received and dispensed. If the pharmacy that received the original electronic prescription had not dispensed the prescription, that pharmacy shall mark the electronic version as void or cancelled. If the pharmacy that received the original electronic prescription dispensed the prescription, the pharmacy with the written version shall not dispense the prescription and shall mark the prescription as void.

(m) A pharmacist shall use a pharmacy computer application that meets federal security requirements to process electronic controlled substance prescriptions, and shall register such pharmacy computer application with the New York State Department of Health, Bureau of Narcotic Enforcement.

Effective Date: 
Wednesday, March 27, 2013
Doc Status: 
Complete