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Title: Section 80.78 - Pharmacists; dispensing out-of-state prescriptions; schedule II, III, IV and V controlled substances

Effective Date


80.78 Pharmacists; dispensing out-of-state prescriptions; schedule II, III, IV and V controlled substances.

(a) 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/her professional practice, dispense to an ultimate user, controlled substances in schedule II, III, IV and V upon delivery to such pharmacist of an out-of-state prescription within 30 days of the date such prescription was signed by an authorized practitioner.

(b) Such prescription shall have been written with ink, indelible pencil, typewriter, or by other electronic means approved by the department, and shall be signed by the practitioner. Electronic prescriptions may be created, signed and transmitted electronically, provided the practitioner complies with all other requirements for issuing controlled substance prescriptions in this Part and with federal requirements for electronic prescribing of controlled substances. A prescription generated on an electronic system that is printed out or transmitted via facsimile is not considered an electronic prescription and shall be manually signed. The prescription shall contain the following:

(1) name, sex, address and age of the ultimate user for whom the substance is intended, or, if the ultimate user is an animal, the species of such animal and the name and address of the owner or person in custody of such animal;

(2) the printed name, address, Drug Enforcement Administration registration number, telephone number and the handwritten signature or, in the case of an electronic prescription, the electronic signature of the prescribing practitioner;

(3) specific directions for use, including, but not limited to, the dosage and frequency of dosage;

(4) the date upon which such prescription was prepared and actually signed by the prescribing practitioner. The prescription shall have been dated as of, and signed on, the date it is issued; and

(5) the quantity of dosage units prescribed.

(6) An electronic prescription shall contain the requirements as provided in subdivision (b)(1-5) except such prescription shall contain an electronic signature and shall be transmitted and received by electronic means. Such electronic signature shall meet the signature requirements set forth in subdivision (b)(2).

(c) Out-of-state prescriptions shall be dispensed in conformity with provisions set forth in this Part for official prescriptions and electronic prescriptions. Prescription information from all out-of-state prescriptions for a controlled substance shall be filed with the department in accordance with section 80.73(f) of this Part.

(d) Pharmacies shall file out-of-state prescriptions for a controlled substance in the same manner as otherwise required by this Part.


VOLUME A-1a (Title 10)