N.Y. Comp. Codes R. & Regs. tit. 10 § 80.68

Current through Register Vol. 46, No. 45, November 2, 2024

Section 80.68 - Emergency oral prescriptions for schedule ii substances and certain other controlled substances

(a) In an emergency, a practitioner may orally prescribe and a pharmacist may dispense, to an ultimate user, controlled substances in schedule II and those controlled substances listed in section 80.67 of this Part; provided, however, the pharmacist shall:

(1) contemporaneously reduce such prescription to writing or, to the extent authorized by Federal requirements to an electronic record;

(2) dispense the substance in conformity with the labeling requirements applicable to the type of prescription which would be required but for the emergency; and

(3) make a good-faith effort to verify the identity of both the practitioner and the ultimate user.

(b) No oral prescription shall be filled for a quantity of controlled substances which would exceed a five-day supply if the substance were used in accordance with the directions for use.

(c) Within 72 hours after authorizing an emergency oral prescription, the prescribing practitioner shall cause to be delivered to the pharmacist a written or an electronic prescription. Such prescription shall, in addition to the information otherwise required, also have written or typed upon its face the words: "Authorization for emergency dispensing." If the pharmacist fails to receive such prescription, he shall notify the department in writing or electronically within seven days from the date of dispensing the substance.

(d)

(1) The pharmacist filling the prescription shall endorse upon the prescription the date of delivery, and his/her signature.

(2) The endorsed prescription shall be retained by the proprietor of the pharmacy for a period of five years. The prescription information shall be filed electronically with the Bureau of Narcotic Enforcement, utilizing a transmission format acceptable to the department, not later than 24 hours after the substance was delivered. A waiver allowing a pharmacy to make such filings within a longer period of time may be issued by the commissioner based upon a showing of economic hardship, technological limitations that are not reasonably within the control of the pharmacy; or other exceptional circumstance demonstrated by the pharmacy. Such waiver and any subsequent waiver shall be applied for in the same manner and shall be subject to the same requirements as specified in section 80.63(c)(2)(x) of this Part and, if granted, such waiver shall not provide for a filing period longer than the 15th day of the next month following the month in which the substance was delivered. The information filed with the department shall include but not be limited to:

(i) pharmacy prescription number;

(ii) pharmacy's national identification number;

(iii) patient name, in the case of an animal, the patient name field shall be filled with the name of the animal's owner;

(iv) patient address, including street, city, state, ZIP code;

(v) patient date of birth;

(vi) patient's sex;

(vii) date prescription filled;

(viii) metric quantity;

(ix) national drug code number of the drug;

(x) number of days supply;

(xi) prescriber's Drug Enforcement Administration (DEA) number;

(xii) date prescription issued;

(xiii) serial number of official prescription form or an identifier designated by the department;

(xiv) payment method;

(xv) species code; and

(xvi) name of animal, if applicable.

(e) Emergency means that the immediate administration of the drug is necessary for proper treatment, that no alternative treatment is available and it is not possible for the practitioner to provide a written or electronic prescription for the drug at the time.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 80.68