§ 3334. Emergency oral prescriptions for schedule II drugs and certain\nother controlled substances. 1. In an emergency situation, as defined by\nrule or regulation of the department, a practitioner may orally\nprescribe and a pharmacist may dispense to an ultimate user controlled\nsubstances in schedule II and those schedule III or schedule IV\ncontrolled substances as the commissioner may, by regulation, require;\nprovided however the pharmacist shall:\n (a) contemporaneously reduce such prescription to writing or to the\nextent authorized by federal requirements, to an electronic record;\n (b) dispense the substance in conformity with the labeling\nrequirements applicable to the type of prescription which would be\nrequired but for the emergency; and\n (c) make a good faith effort to verify the practitioner's identity, if\nthe practitioner is unknown to the pharmacist.\n 2. No oral prescription shall be filled for a quantity of controlled\nsubstances which would exceed a five day supply if the substance were\nused in accordance with the directions for use.\n 3. Within seventy-two hours after authorizing an emergency oral\nprescription, the prescribing practitioner shall cause to be delivered\nto the pharmacist the original of an official New York state\nprescription or an electronic prescription. Such prescription shall, in\naddition to the information otherwise required, also have upon the\nofficial New York state prescription or upon the electronic prescription\nthe words: "Authorization for emergency dispensing." If the pharmacist\nfails to receive such prescription he or she shall notify the department\nin writing or electronically within seven days from the date of\ndispensing the substance.\n 4. Such official New York state prescription or electronic\nprescription shall be endorsed, and retained and filed in the same\nmanner as is otherwise required for such prescriptions.\n
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