Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 11/26/2008
Title: 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 an official New York State 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 an official New York State prescription is required upon the delivery to
such pharmacist, within 30 days of the date such prescription was signed by an authorized
practitioner, an official New York State prescription transmitted by facsimile in accordance with
subdivision (e) or (f) of section 80.69 of this Part.
(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. Such original
prescription shall be attached to the official prescription transmitted by facsimile. If the
pharmacist fails to receive such original official prescription, he/she shall notify the Department
in writing within 7 days from the date of dispensing the substance.
(e) The pharmacist filling the official 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.
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