§ 3337. Oral prescriptions schedule III, IV and V substances. 1.\nExcept as provided in section thirty-three hundred thirty-four of this\ntitle, a practitioner may orally prescribe and a pharmacist may dispense\nto an ultimate user controlled substances in schedules III, IV or V\nprovided however the pharmacist shall:\n (a) contemporaneously reduce such prescription to writing or, to the\nextent authorized by federal requirements, an electronic record;\n (b) dispense the substance in conformity with the labeling\nrequirements applicable to a prescription; 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 controlled\nsubstance were used in accordance with the directions for use, except\nthat with respect to a schedule IV substance such prescription shall not\nexceed a thirty-day supply or one hundred dosage units, whichever is\nless; provided, however, that this provision shall not apply to any\nschedule IV controlled substance limited to a five day supply by section\nthirty-three hundred thirty-four of this title.\n 3. Within seventy-two hours after authorizing such an oral\nprescription, the prescribing practitioner shall cause to be delivered\nto the pharmacist an official New York state prescription or an\nelectronic prescription. If the pharmacist fails to receive such\nprescription he or she shall make a record of such fact in such manner\nand detail as the commissioner in consultation with the commissioner of\neducation, by regulation, shall require.\n 4. Such official New York state prescription or electronic\nprescription shall be endorsed, retained and filed in the same manner as\nis otherwise required for such prescriptions.\n
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