Legislation
SECTION 3351
Dispensing for medical use
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 5
* § 3351. Dispensing for medical use. 1. Controlled substances may be
prescribed for, or administered or dispensed to a person with substance
use disorder or habitual user:
(a) during emergency medical treatment unrelated to abuse of
controlled substances;
(b) who is a bona fide patient suffering from an incurable and fatal
disease such as cancer or advanced tuberculosis;
(c) who is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
2. Controlled substances may be ordered for use by a person with
substance use disorder or habitual user by a practitioner and
administered by a practitioner or registered nurse to relieve acute
withdrawal symptoms.
3. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be ordered for use of a
person with substance use disorder by a practitioner and dispensed or
administered by a practitioner or a practitioner's designated agent as
interim treatment for a person with substance use disorder on a waiting
list for admission to an authorized maintenance program.
4. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to a
person with substance use disorder by a practitioner or by a
practitioner's designated agent acting under the direction and
supervision of a practitioner, as part of a regime designed and intended
to withdraw a patient from addiction to controlled substances.
5. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to a
person with substance use disorder by a practitioner or by a
practitioner's designated agent acting under the direction and
supervision of a practitioner, as part of a substance use or chemical
dependence program approved pursuant to article thirty-two of the mental
hygiene law.
* NB Effective until February 19, 2026
* § 3351. Dispensing for medical use. 1. Controlled substances may be
prescribed for, or administered or dispensed to a person with substance
use disorder or habitual user:
(a) during emergency medical treatment unrelated to abuse of
controlled substances;
(b) who is a bona fide patient suffering from an incurable and fatal
disease such as cancer or advanced tuberculosis;
(c) who is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
2. Controlled substances may be ordered for use by a person with
substance use disorder or habitual user by a practitioner and
administered by a practitioner or registered nurse to relieve acute
withdrawal symptoms.
3. A practitioner may prescribe, administer, and dispense any schedule
III, IV, or V narcotic drug approved by the federal food and drug
administration specifically for use in maintenance or detoxification
treatment to an addict or habitual user.
4. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be ordered for use of a
person with substance use disorder by a practitioner and dispensed or
administered by a practitioner or a such practitioner's designated agent
as interim treatment for a person with substance use disorder while
arrangements are being made for referral to treatment for such addiction
to controlled substances.
5. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to a
person with substance use disorder by a practitioner or by a such
practitioner's designated agent acting under the direction and
supervision of a practitioner, as part of a regimen designed and
intended to withdraw a patient from addiction to controlled substances.
6. Notwithstanding any other law and consistent with federal
requirements, methadone, or such other controlled substance designated
by the commissioner as appropriate for such use, may be administered or
dispensed directly to a person with substance use disorder by a
practitioner or by a such practitioner's designated agent acting under
the direction and supervision of a practitioner, as part of a substance
use or chemical dependence program approved pursuant to article
thirty-two of the mental hygiene law.
* NB Effective February 19, 2026
prescribed for, or administered or dispensed to a person with substance
use disorder or habitual user:
(a) during emergency medical treatment unrelated to abuse of
controlled substances;
(b) who is a bona fide patient suffering from an incurable and fatal
disease such as cancer or advanced tuberculosis;
(c) who is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
2. Controlled substances may be ordered for use by a person with
substance use disorder or habitual user by a practitioner and
administered by a practitioner or registered nurse to relieve acute
withdrawal symptoms.
3. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be ordered for use of a
person with substance use disorder by a practitioner and dispensed or
administered by a practitioner or a practitioner's designated agent as
interim treatment for a person with substance use disorder on a waiting
list for admission to an authorized maintenance program.
4. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to a
person with substance use disorder by a practitioner or by a
practitioner's designated agent acting under the direction and
supervision of a practitioner, as part of a regime designed and intended
to withdraw a patient from addiction to controlled substances.
5. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to a
person with substance use disorder by a practitioner or by a
practitioner's designated agent acting under the direction and
supervision of a practitioner, as part of a substance use or chemical
dependence program approved pursuant to article thirty-two of the mental
hygiene law.
* NB Effective until February 19, 2026
* § 3351. Dispensing for medical use. 1. Controlled substances may be
prescribed for, or administered or dispensed to a person with substance
use disorder or habitual user:
(a) during emergency medical treatment unrelated to abuse of
controlled substances;
(b) who is a bona fide patient suffering from an incurable and fatal
disease such as cancer or advanced tuberculosis;
(c) who is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
2. Controlled substances may be ordered for use by a person with
substance use disorder or habitual user by a practitioner and
administered by a practitioner or registered nurse to relieve acute
withdrawal symptoms.
3. A practitioner may prescribe, administer, and dispense any schedule
III, IV, or V narcotic drug approved by the federal food and drug
administration specifically for use in maintenance or detoxification
treatment to an addict or habitual user.
4. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be ordered for use of a
person with substance use disorder by a practitioner and dispensed or
administered by a practitioner or a such practitioner's designated agent
as interim treatment for a person with substance use disorder while
arrangements are being made for referral to treatment for such addiction
to controlled substances.
5. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to a
person with substance use disorder by a practitioner or by a such
practitioner's designated agent acting under the direction and
supervision of a practitioner, as part of a regimen designed and
intended to withdraw a patient from addiction to controlled substances.
6. Notwithstanding any other law and consistent with federal
requirements, methadone, or such other controlled substance designated
by the commissioner as appropriate for such use, may be administered or
dispensed directly to a person with substance use disorder by a
practitioner or by a such practitioner's designated agent acting under
the direction and supervision of a practitioner, as part of a substance
use or chemical dependence program approved pursuant to article
thirty-two of the mental hygiene law.
* NB Effective February 19, 2026