N.Y. Comp. Codes R. & Regs. tit. 10 § 80.70

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

Section 80.70 - Oral prescriptions for schedule iii, iv and v substances

(a) Except as provided in sections 80.67 and 80.68 of this Part, a practitioner may orally prescribe and a pharmacist may dispense, to an ultimate user, controlled substances in schedule III, IV or V; provided, however, the pharmacist shall:

(1) contemporaneously reduce such prescriptions to written memoranda, or to the extent authorized by Federal requirements, to an electronic record, indicating the name and address of the prescriber and the practitioner's Drug Enforcement Administration registration number, name and address of ultimate user, date on which the controlled substance was ordered, name and quantity of controlled substances prescribed, directions for use and the fact that it is a telephone order. The memoranda for such oral prescriptions shall be filed in the schedule III, IV and V prescription file, or in the case of an electronic record, shall be filed electronically. The pharmacist filling such oral orders shall indicate on the memoranda the date filled, the signature of the pharmacist filling the prescription and the pharmacy prescription number under which it is recorded in the pharmacy prescription file;

(2) dispense the substance in conformity with the labeling requirements applicable to a written prescription; 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, or with respect to schedule IV substances a 30-day supply or 100 dosage units whichever is less, if the substances were used in accordance with the directions for use; provided, however, that this provision shall not apply to any schedule IV controlled substance limited to a five day supply by section 80.68 of this Part.

(c) Within 72 hours after authorizing such an oral prescription, the prescribing practitioner shall cause to be delivered to the pharmacist a written, or an electronic prescription. The electronic prescription, in addition to the information otherwise required, shall also have upon it the words: "Follow-up prescription to oral order." If the pharmacist fails to receive such prescription, he shall record on the memorandum for said oral prescription this notation: "Follow-up prescription not received", the name of the pharmacist and the date of the recording.

(d) Follow-up prescriptions from prescribers for schedule III, IV and V controlled substances shall be attached to or otherwise stored with the corresponding oral orders, and shall be filed in the schedule III, IV and V controlled substances file.

(e) The pharmacist receiving such follow-up prescriptions shall endorse on such prescription his or her signature, the date of filling, the number of the prescription under which it is recorded in the pharmacy prescription file and the fact that such prescription is a follow-up to the prior oral order. In addition, he or she shall place on the follow-up prescription the date of receipt, the pharmacy prescription number and the date the oral order was filled, as follows: "Follow-up prescription to oral order, pharmacy prescription number ________, oral order filled on ________, follow-up prescription received ________". In the case of electronic prescriptions and where the pharmacy maintains such records electronically, such information may be created and maintained by the pharmacy in electronic form.

(f) The prescription information shall be filed with the department in accordance with section 80.73(f) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 80.70