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This entry was published on 2018-04-20
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SECTION 3331
Scheduled substances administering and dispensing by practitioners
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 4
§ 3331. Scheduled substances administering and dispensing by
practitioners. 1. Except as provided in titles III or V of this article,
no substance in schedules II, III, IV, or V may be prescribed for or
dispensed or administered to an addict or habitual user.

2. A practitioner, in good faith, and in the course of his or her
professional practice only, may prescribe, administer and dispense
substances listed in schedules II, III, IV, and V, or he or she may
cause the same to be administered by a designated agent under his or her
direction and supervision.

3. A veterinarian, in good faith, and in the course of the practice of
veterinary medicine only, may prescribe, administer and dispense
substances listed in schedules II, III, IV, and V or he may cause them
to be administered by a designated agent under his direction and
supervision.

4. No such substance may be dispensed unless it is enclosed within a
suitable and durable container, and:

(a) Affixed to such container is a label upon which is indelibly
typed, printed or otherwise legibly written the following:

(i) the name and address of the ultimate user for whom the substance
is intended, or, if intended for use upon an animal, the species of such
animal and the name and address of the owner or person in custody of
such animal;

(ii) the name, address, and telephone number of the dispensing
practitioner;

(iii) specific directions for use, including but not limited to the
dosage and frequency of dosage, and the maximum daily dosage;

(iv) the legend, prominently marked or printed in either boldface or
upper case lettering: "CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS
DIRECTED";

(v) the date of dispensing;

(vi) either the name of the substance or such code number assigned by
the department for the particular substance pursuant to section
thirty-three hundred eighteen of this article;

(b) Such container shall be identified as a controlled substance by
either:

(i) an orange label;

(ii) a label of another color over which is superimposed an orange
transparent adhesive tape; or

(iii) an auxiliary orange label affixed to the front of such container
and bearing the legend, prominently marked or printed "Controlled
Substance, Dangerous Unless Used As Directed";

(c) Any label, transparency, or auxiliary label shall be applied in a
manner which would inhibit its removal.

5. (a) No more than a thirty day supply or, pursuant to regulations of
the commissioner enumerating conditions warranting specified greater
supplies, no more than a three month supply of a schedule II, III or IV
substance, as determined by the directed dosage and frequency of dosage,
may be dispensed by an authorized practitioner at one time.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, a practitioner, within the scope of his or her professional
opinion or discretion, may not prescribe more than a seven-day supply of
any schedule II, III, or IV opioid to an ultimate user upon the initial
consultation or treatment of such user for acute pain. Upon any
subsequent consultations for the same pain, the practitioner may issue,
in accordance with paragraph (a) of this subdivision, any appropriate
renewal, refill, or new prescription for the opioid or any other drug.

(c) For the purposes of this subdivision, "acute pain" shall mean
pain, whether resulting from disease, accidental or intentional trauma,
or other cause, that the practitioner reasonably expects to last only a
short period of time. Such term shall not include chronic pain, pain
being treated as part of cancer care, hospice or other end-of-life care,
or pain being treated as part of palliative care practices.

6. A practitioner dispensing a controlled substance shall file
information pursuant to such dispensing with the department by
electronic means in such manner and detail as the commissioner shall, by
regulation, require. This requirement shall not apply to the dispensing
by a practitioner pursuant to subdivision five of section thirty-three
hundred fifty-one of this article.

7. A practitioner may not administer, prescribe or dispense any
substance referred to in subdivision (h) of Schedule II, and subdivision
(g) of Schedule III, of section three thousand three hundred six of this
article for other than therapeutic purposes. A practitioner may not
administer, prescribe or dispense any such substance to any individual
without first obtaining the informed consent of such individual, or
where the individual lacks capacity to give such consent, a person
legally authorized to consent on his or her behalf.

8. No opioids shall be prescribed to a patient initiating or being
maintained on opioid treatment for pain which has lasted more than three
months or past the time of normal tissue healing, unless the medical
record contains a written treatment plan that follows generally accepted
national professional or governmental guidelines. The requirements of
this paragraph shall not apply in the case of patients who are being
treated for cancer that is not in remission, who are in hospice or other
end-of-life care, or whose pain is being treated as part of palliative
care practices.