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Part 80: Rules and Regulations on Controlled Substances in NYS
Title: Part 80 - Rules And Regulations On Controlled Substances
PART 80
RULES AND REGULATIONS ON CONTROLLED SUBSTANCES
(Statutory authority: Public Health Law, Sections 338, 3300, 3305, 3307, 3308,
3381, 3701(1), (6), art. 33)
Sec.
Page
GENERAL PROVISIONS
80.1 Definitions
80.2 Exemptions
80.3 Exceptions, reclassification and exemptions of scheduled controlled substances
80.4 Habit-forming drugs
80.5 Licenses
80.6 Safeguarding controlled substances
4
5
6
8
9
12
MANUFACTURERS, DISTRIBUTORS, IMPORTERS AND EXPORTERS
80.10 Unlicensed activity
80.11 Additional requirements for manufacturers and distributors
80.12 Additional requirements for importers and exporters
80.13 Minimum security standards for nonpractitioner handling; schedule I
and II controlled substances
80.14 Minimum security standards for nonpractitioner handling; schedule III,
IV and V controlled substances
80.15 Multiple storage area; schedule I-V controlled substances
13
14
16
80.16 Accessibility to storage areas; schedule I-V controlled substances
80.17 Security standards; agents of nonpractitioners
80.18 Security standards; public warehouse and common or contract carriers
80.19 Security controls for nonpractitioners; manufacturing areas
80.20 Theft or loss
80.21 Good faith inquiry
21
22
23
24
25
26
80.22 Suspicious orders
80.23 Records and reports
80.24 Identification of controlled substances
80.25 Distribution of free samples
27
28
30
31
17
19
20
RESEARCH, INSTRUCTIONAL ACTIVITIES AND CHEMICAL ANALYSIS
80.35 Unlicensed activity
32
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Part 80: Rules and Regulations on Controlled Substances in NYS
80.36 Additional requirements, research, instructional activities and
chemical analysis
80.37 Records; researchers
80.38 Records; instructional activities
80.39 Records; analytical laboratories
33
34
35
36
INSTITUTIONAL DISPENSERS
80.45 Unlicensed activity
80.46 Institutional dispensers; additional requirements
80.47 Institutional dispensers, limited
80.48 Records and reports of institutional dispensers
80.49 Records and reports of institutional dispensers, limited
80.50 Minimum security standards for institutional dispensers, institutional
dispensers limited, treatment programs, license holders engaging in
research, instructional activities and chemical analysis
80.51 Surrender and disposal of controlled substances
80.52 Returns to supplier
37
38
41
42
44
45
48
51
PRESCRIBING AND DISPENSING CONTROLLED SUBSTANCES
80.60 Ordering
52
80.61 Personal Use
53
80.62 Use of controlled substances in treatment
54
80.63 Prescribing
55
80.64 Who may issue
57
80.65 Purpose of issue
58
80.66 Schedule I substances
59
60
80.67 Schedule II and certain other substances
80.68 Emergency oral prescriptions for schedule II substances and other
64
controlled substances
80.69 Schedule III, IV and V substances
66
80.70 Oral prescriptions for schedule III, IV and V substances
69
71
80.71 Practitioners; dispensing controlled substances
80.72 Issuance of official New York State prescription forms
73
80.73 Pharmacists; dispensing schedule II substances and certain other controlled substances
74
80.74 Pharmacists; dispensing schedule III, IV and V controlled substances
78
80
80.75 Institutional dispensers
80.76 Dispensing; prohibition
83
80.77 Practitioners; control and reporting of official New York State
prescription forms
84
80.78 Pharmacists; dispensing out-of-state prescriptions; schedule II, III, IV and V controlled
substances
DISPENSING TO ADDICTS AND HABITUAL USERS, AND TREATMENT PROGRAMS
80.84 Physicians and pharmacies; prescribing, administering and dispensing for the treatment of
narcotic addiction
85
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Part 80: Rules and Regulations on Controlled Substances in NYS
80.85 Administration of controlled substances to addicts and habitual users
80.86 Records and reports of treatment programs
86
88
REPORTS AND RECORDS
80.100 General requirements
80.101 Manufacturers, distributors, importers and exporters
80.102 Research, instructional activities and chemical analysis
80.103 Institutional dispensers
80.104 Treatment programs
80.105 Practitioners
80.106 Pharmacies
80.107 Confidentiality
80.108 Practitioner patient reporting
80.109 Confidential communications
80.110 Notification by licensee
80.111 Inventory; required substances
80.112 Inventory; procedure for filing
OFFENSES, VIOLATIONS AND ENFORCEMENT
90
91
92
93
94
95
96
97
98
99
100
101
102
80.120 Powers of commissioner
80.121 Rules and regulations
80.122 Enforcement
80.123 Access to records
80.125 Fraud and deceit
103
104
105
106
107
TOXIC VAPORS, HYPODERMIC SYRINGES AND NEEDLES
80.130 Toxic solvents
80.131 Prescription, sale and possession of hypodermic syringes and
hypodermic needles
80.132 Hypodermic syringes and needles; designation of persons or classes of
persons
80.133 Hypodermic syringes and needles; certificate of need
80.134 Authorization for the purchase, possession and dispensing of sodium
pentobarbital to euthanize animals
80.135 Authorization to conduct hypodermic syringe and needle exchange
programs
80.136 Controlled substances for emergency medical services: purchasing,
possessing, delivering, administering, and safeguarding of controlled
substances
80.137 Expanded syringe access demonstration program
108
109
111
113
115
120
126
134
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Part 80: Rules and Regulations on Controlled Substances in NYS
Volume: A-1a
Statutory Authority: Public Health Law, Sections 338, 3300, 3305, 3307, 3308, 3381, 3701(1),
(6), art. 33
Effective Date: 11/26/2008
Title: Section 80.1 - Definitions
GENERAL PROVISIONS
Section 80.1 Definitions. Except where different meanings are expressly specified, the terms
used in this Part shall have the meanings set forth in Public Health Law, section 3302.
(a) Authorized practitioner and practitioner means practitioner as such term is defined in the
Public Health Law (section 3302(28), and shall include certified nurse practitioners and licensed
midwives certified by the Education Department to prescribe and administer drugs. The term
shall also include registered physician's assistants certified by the Education Department.
(b) GSA means the United States General Services Administration.
(c) Department means the Department of Health of the State of New York.
(d) Commissioner means the Commissioner of Health of the State of New York.
(e) Bureau of Narcotic Enforcement means the Bureau of Narcotic Enforcement of the
Department of Health of the State of New York.
(f) Drug Enforcement Administration registration number means such number assigned by the
Drug Enforcement Administration, United State Department of Justice, or its successor agency,
to a practitioner, authorized practitioner, or any person authorized to manufacture, distribute,
sell, dispense or administer controlled substances.
(g) Automated dispensing system means a system approved by the Department that performs
operations or activities, other than compounding or administration, relative to the storage,
packaging, counting, labeling, and dispensing of controlled substances, and which collects,
controls, and maintains all transaction information.
Volume: A-1a
Effective Date: 04/29/2008
Title: Section 80.2 - Exemptions
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Part 80: Rules and Regulations on Controlled Substances in NYS
80.2 Exemptions. (a) Pursuant to section 3305 of the Public Health Law, the provisions of this
Part restricting the possession of controlled substances shall not apply to:
(1) common carriers or warehousemen while engaged in lawfully transporting or storing such
substances or to any employee of the same acting within the scope of his employment;
(2) public officers or their employees in the lawful performance of their official duties requiring
possession of controlled substances;
(3) temporary incidental possession by employees or agents of persons lawfully entitled to
possession or by persons whose possession is for the purpose of aiding public officers in
performing their official duties;
(4) a person in the employ of the United States government, its territories, districts or insular
governments by reason of his official duties;
(5) a master of a ship or a person in charge of any aircraft upon which a physician is not
regularly employed; or
(6) a duly authorized agent of an incorporated society for the prevention of cruelty to animals or
a municipal animal control facility for the limited purpose of purchasing, possessing and
dispensing sodium pentobarbital to registered and certified personnel, to euthanize animals and
ketamine hydrochloride to anesthetize animals prior to euthanasia.
(b) The provisions of article 33 with respect to the payment of fees and costs shall not apply to
the State of New York or any political subdivision thereof or any agency or instrumentality of
either.
(c) The following exemptions are granted to the possession and use of schedule III or IV
substances as part of an industrial process or manufacture of substances other than drugs: None.
Volume: A-1a
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 02/09/94
Title: Section 80.3 - Exceptions, reclassification and exemptions of scheduled controlled
substances
80.3 Exceptions, reclassification and exemptions of scheduled controlled substances. (a)
Exemptions.
(1) Those nonnarcotic substances listed in section 1308.22 of title 21 of the Code of Federal
Regulations, currently and as thereinafter amended, are excepted from the application of sections
3306 and 3319 of the Public Health Law.
(2) Those drugs, which are restricted by law to dispensing on prescription, listed in section
1308.32 of title 21 of the Code of Federal Regulations, currently and as thereinafter amended, are
excepted from the application of sections 3306 and 3319 of the Public Health Law.
(3) Those chemical preparations and mixtures listed in section 1308.24 of title 21 of the Code of
Federal Regulations, currently and as thereinafter amended, are excepted from the application of
sections 3306 and 3319 of the Public Health Law.
(4) The following compounds, mixtures or preparations containing a narcotic antagonist
substance having no potential for abuse, and being excepted or exempted from control under the
Federal Controlled Substances Act (21 USC 801 et seq.) are excepted from the application of
sections 3306 and 3319 of the Public Health Law:
(i) naloxone and its salts; and
(ii) naltrexone and its salts.
(b) Reclassifications. The following drugs listed in schedule II(c) of section 3306 of the Public
Health Law are hereby reclassified as schedule III substances.
TRADE NAME OR OTHER MANUFACTURER DESIGNATION COMPOSITION OR
SUPPLIER
Mediatric-tablets, Tablet and capsule: Conjugated Ayerst
capsules and estrogens-equine (Premarin (R),
liquid 0.25 mg.; Methyltestosterone,
2.5 mg.; Ascorbic Acid (Vit. C)
100 mg. (for capsules, provided
as ascorbic acid, 70 mg. and as
Sodium ascorbate, 30 mg.);
Cyanocobalamin, 2.5 mcg.;
Thiamine mononitrate, 10.0 mg.;
Riboflavin, 50 mg.; Niacinamide, 50.0 mg.; Pyridoxine HC1,
3.0 mg.; Calc. panto thenate,
20.0 mg.; Ferrous sulfate exsic.,
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Part 80: Rules and Regulations on Controlled Substances in NYS
30.0 mg.; Methamphetamine HC1,
1.0 mg. Liquid: Premarin (R)
(Conjugated estrogens, (U.S.P.),
0.25 mg.; Methyltestosterone,
2.5 mg.; Thiamine HC1, 5.0 mg.;
Cyanocobalamin, 1.5 mcg.;
Methamphetamine HC1, 10 mg.;
Alcohol, 15%.
Phelantin-Kapseals Phenobarbital (1/2gr) 30 mg.; Parke-Davis
Dilantin (Diphenyl-hydantoin)
(11/2gr) 100 mg.;
Methamphetamine Hydrochloride
2.5 mg.
(c) Exemptions. The following compounds, mixtures or preparations containing an anabolic
steroid listed in subdivision (h) of Schedule II of Section 3306 of the Public Health Law have
ingredients included therein in such combinations, quantity, proportion or concentration as to
reduce substantially the potential for abuse and, therefore, are exempted from the requirements
of Public Health Law Article 33:
TRADE NAME COMPOSITION MANUFACTURER OR SUPPLIER
Estratest Esterified estrogens Solvay Pharmaceuticals
(1.25mg); Methyl- Marietta, GA
testosterone (2.5mg)
Estratest HS Esterified estrogens Solvay Pharmaceuticals
(0.625mg); Methyl- Marietta, GA
testosterone (1.25mg)
Premarin with Conjugated estrogens Wyeth-Ayerst Laboratories
Methyltestosterone (0.625 mg); Methyl- Philadelphia, PA
testosterone (5.0mg)
Premarin with Conjugated estrogens Wyeth-Ayerst Laboratories
Methyltestosterone (1.25mg); Methyl- Philadelphia, PA
testosterone (10mg)
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.4 - Habit-forming drugs
80.4 Habit-forming drugs. The following chemical derivatives of barbituric acid, a substance
named in section 502(d) of the Federal Food, Drug and Cosmetic Act, are hereby designated as
habit-forming:
CHART - PARENT SUBSTANCE--BARBITURIC ACID (refer to pages 228.2f1 H 4-30-74
through 228.2g H 4-30-77)
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 11/26/2008
Title: Section 80.5 - Licenses
80.5 Licenses. (a) Licenses for controlled substances privileges shall be issued by the department
in the following classifications:
Class Issued to:
Manufacturers and distributors
1 Manufacturer
1a Manufacturer out-of-State
2 Distributor
2a Distributor out-of-State
Institutional dispenser
3 Institutional dispenser
3a Institutional dispenser, limited
Research and instructional
4 Researcher--II to V
4a Researcher--Special industrial II to V
5 Instructional activities--II to V
6 Treatment programs, methadone
6a Treatment programs, methadone and other substances
6b Hospital pharmacies--detoxification, temporary treatment
7 Research and instructional activities--I
8 Analytical laboratories
Importers and exporters
9 Importer
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Part 80: Rules and Regulations on Controlled Substances in NYS
9a Importer broker
10 Exporter
10a Exporter broker
Registered Community Pharmacy
11 Registered Community Pharmacy--Automated dispensing system
(1) A person licensed to manufacture or import any controlled substance shall be authorized to
distribute that substance, but no other substance which he is not licensed to manufacture or
import;
(2) A person licensed to manufacture any controlled substance listed in schedules II through V
shall be authorized to conduct chemical analysis and preclinical research (including quality
control analysis) with narcotic and non-narcotic controlled substances listed in those schedules in
which he is authorized to manufacture;
(3) A person licensed to conduct research with a controlled substance listed in schedule I shall be
authorized to manufacture such class if, and to the extent that, such manufacture is set forth in
the research protocol filed with the application for license and to distribute such class to other
persons licensed or authorized to conduct research with such class or licensed or authorized to
conduct chemical analysis with controlled substances;
(4) A person licensed or authorized to conduct chemical analysis with controlled substances shall
be authorized to manufacture and import such substances for analytical or instructional purposes,
to distribute such substances to other persons licensed or authorized to conduct chemical analysis
or instructional activities or research with such substances and to persons exempted from license
pursuant to section 3305 of Public Health Law, to export such substances to persons in other
countries performing chemical analysis or enforcing laws relating to controlled substances or
drugs in those countries, and to conduct instructional activities with controlled substances; and
(5) A person licensed or authorized to conduct research with controlled substances listed in
schedules II through V shall be authorized to conduct chemical analysis with controlled
substances listed in those schedules in which he is authorized to conduct research to manufacture
such substances if, and to the extent that, such manufacture is set forth in a statement filed with
the application for license, and to distribute such substances to other persons licensed or
authorized to conduct chemical analysis, instructional activities, or research with, such
substances and to persons exempted from licensing under section 3305 of the Public Health Law,
and to conduct instructional activities with controlled substances;
(6) A person licensed to dispense controlled substances listed in schedules II through V shall be
authorized to conduct research and to conduct instructional activities with those substances.
(7) A single license to engage in any group of independent activities may include one or more
controlled substances listed in the schedules authorized in that group of independent activities.
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Part 80: Rules and Regulations on Controlled Substances in NYS
(8) A separate license is required for each principal place of business or professional practice at
one general physical location where controlled substances are manufactured, distributed or
dispensed by a person.
(9) The following locations shall be deemed not to be places where controlled substances are
manufactured, distributed or dispensed:
(i) a warehouse where controlled substances are stored by or on behalf of a licensed person,
unless such substances are distributed directly from such warehouse other than the licensed
location from which the substances were delivered or to persons not required to be licensed in
accordance with section 3305 of the Public Health Law;
(ii) an office used by agents of a licensee where sales of controlled substances are solicited, made
or supervised, but which neither contains such substances nor serves as a distribution point for
filling sales orders; and
(iii) an office used by a practitioner (who is registered at another location) where controlled
substances are prescribed but neither administered nor otherwise dispensed as a regular part of
the professional practice of the practitioner at such office, and where no supplies of controlled
substances are maintained. (b) Holders of licenses shall register with the appropriate Federal
agency or agencies in the comparable controlled substances schedule and license class provided
for under Federal regulations.
(c) A controlled substances license shall be permanently displayed in the place to which it
applies.
(d) No controlled substances license shall be considered valid and in good standing unless the
indicated activity is conducted at the address stated therein and by the person in whose name the
license has been issued and unless the license has been renewed as required.
(e) A controlled substances license shall be promptly returned to the department upon revocation
or suspension, or when the activity for which the applicant is licensed has been discontinued.
(f) A registered community pharmacy licensed in class 11 and maintaining a separate registration
with the Drug Enforcement Administration may install and operate automated dispensing
systems in a Residential Health Care Facility (“RHCF”) which is licensed or approved by the
Department.
(g) A registered community pharmacy operating an automated dispensing system as provided in
paragraph (f) of this section shall provide to such system only those controlled substances
obtained under the Drug Enforcement Administration registration of the registered community
pharmacy and not the Drug Enforcement Administration registration of the automated dispensing
system.
Volume: A-1a
11
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.6 - Safeguarding controlled substances
80.6 Safeguarding controlled substances. (a) Controlled substances shall at all times be properly
safeguarded and securely kept at the address on file with the Drug Enforcement Administration
and which is used in the ordering of the controlled substances, where they will be available for
inspection by properly authorized officers, agents and employees of the New York State
Department of Health, Bureau of Controlled Substances.
(b) Access to controlled substances stocks shall be limited to the minimum number of employees
actually required to efficiently handle the manufacture, distribution, custody, dispensing,
administration or other handling of such substances.
(c) The administrative head of a licensee hospital, laboratory, dispensary, nursing home and
health-related facility and the supervisor of a manufacturer or distributor is responsible for the
proper safeguarding and handling of controlled substances within the hospital or other facility.
An administrative head or supervisor is not relieved of his responsibility to detect and correct
any diversion or mishandling of controlled substances by a delegation of responsibility.
(d) Persons operating pharmacies and supervising pharmacists of such pharmacies are
responsible for the proper safeguarding and handling of controlled substances within the
pharmacy. Persons operating pharmacies and supervising pharmacists are not relieved of their
responsibility to detect and correct any diversion of mishandling of controlled substances by a
delegation of responsibility.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.10 - Unlicensed activity
MANUFACTURERS, DISTRIBUTORS, IMPORTERS AND EXPORTERS
80.10 Unlicensed activity. (a) Except as provided for in section 80.5 of this Part, no person shall
act as a manufacturer, distributor, importer or exporter of controlled substances in this State
without first having obtained a license from the department.
(b) Holders of licenses in such categories shall register with the appropriate Federal agency or
agencies in the comparable controlled substances schedules and license class provided for under
Federal regulations.
13
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 10/20/2004
Title: Section 80.11 - Additional requirements for manufacturers and distributors
80.11 Additional requirements for manufacturers and distributors. In addition to the requirements
set forth in article 33 of the Public Health Law, holders of licenses shall comply with the
following requirements:
(a) Except as hereinafter provided, no person shall obtain a class 1 or 2 license for controlled
substances unless he employs a full-time pharmacist and, except as hereinafter provided, no
licensed activity shall be conducted by a holder of a class 1 or 2 license unless such activity is
under the personal supervision of a chemist or pharmacist.
(b) A manufacturer who produces a final product that by its composition or combination with
other ingredients is not intended for human or animal consumption and does not present a
potential for abuse, may employ either a full-time pharmacist or a person who meets the
following requirements:
(1) possess a bachelor of science or a bachelor of arts degree in chemistry, pharmacology or
equivalent specialization and have had not less than four years of experience in the manufacture
of drug products;
(2) be a citizen of the United States;
(3) be of the age of 21 years or over;
(4) be of good moral character as attested to by affidavits signed by either the sheriff of the
county of residence, local police officials, or other such persons acceptable to the department;
(5) not have been convicted of a misdemeanor or felony by any court of the State of New York,
or by any court of the United States or of any other state; and
(6) not be, and not have been, a habitual user of narcotics or any other habit-forming drugs.
(c) A distributor who does not bottle or rebottle, pack or repack, label or relabel, controlled
substances may obtain a class 2 license, provided that the licensed activity in which he is
engaged is conducted under the supervision of a pharmacist or person approved by the
department. A person not a pharmacist shall meet the following requirements:
(1) possess a high school diploma, or the equivalent thereof;
(2) be a citizen of the United States;
(3) be of the age of 21 years or over;
(4) be of good moral character as attested to by affidavits signed by either the sheriff of the
county of residence, local police officials, or other such persons acceptable to the department;
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Part 80: Rules and Regulations on Controlled Substances in NYS
(5) not have been convicted of a misdemeanor or felony by any court of the State of New York,
or by any court of the United States or of any other state;
(6) not be, and not have been, an habitual user of narcotics or other habit-forming drugs;and
(7) have had not less than eight years of experience in the wholesaling of controlled substances,
or such other experience determined by the department to be the equivalent thereof.
(d) Persons conducting manufacturing activities of controlled substances within the State of New
York shall obtain a class 1 license from the department.
(e) Persons conducting manufacturing activities of controlled substances outside of the State of
New York and doing business within the State of New York shall obtain a class 1a license from
the department.
(f) Persons conducting distributing activities of controlled substances within the State of New
York shall obtain a class 2 license from the department, except that;
(1) Except in an adult care facility subject to provisions of Title 18 NYCRR Parts 487, 488 and
490, a pharmacy may distribute a controlled substance to a practitioner in a Class 3a institutional
dispenser limited solely for stocking in sealed emergency medication kits. Such distribution shall
be pursuant only to a written request by the Class 3a facility indicating the name and address of
the facility, the name and address of the pharmacy, the date of the request, the type and quantity
of the drug requested and the signature of the authorized person making the request. With each
distribution, the pharmacy shall provide the Class 3a facility with an itemized list indicating the
name and address of the pharmacy, the name and address of the Class 3a facility, the date of the
distribution, the type and quantity of the drug distributed, and the signature of the pharmacist.
(g) Out-of-State persons conducting distributing activities of controlled substance to persons
within the State of New York shall obtain a class 2a license from the department.
(h) All persons authorized to manufacture or distribute controlled substances shall accept returns
of such controlled substances manufactured or distributed by them, and either destroy them or
provide for the return, disposition, and disposal of such controlled substances in a manner
approved by the Department pursuant to section 80.51(c)(2).
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.12 - Additional requirements for importers and exporters
80.12 Additional requirements for importers and exporters. (a) (1) All persons acting as
importers of controlled substances shall first obtain a class 9 license from the department and
thereafter, a registration from the Drug Enforcement Administration, United States Department
of Justice, or its successor agency.
(2) Persons conducting activities as importer broker of controlled substances within New York
State where there is no physical possession of controlled substances are required to obtain a class
9a license from the department and wherever necessary, proper license from the appropriate
Federal agency.
(b) (1) All persons exporting controlled substances shall first obtain a class 10 license from the
department and thereafter, a registration from the Drug Enforcement Administration, United
States Department of Justice, or its successor agency.
(2) Persons conducting activities as exporter broker of controlled substances within New York
State where there is no physical possession of controlled substances are required to obtain a class
10a license from the department and wherever necessary, proper license from the appropriate
Federal agency.
16
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.13 - Minimum security standards for nonpractitioner handling; schedule I and
II controlled substances
80.13 Minimum security standards for nonpractitioner handling; schedule I and II controlled
substances. Schedule I and II raw materials, bulk materials awaiting further processing, and
finished products shall be stored in one of the following secure storage areas:
(a) Where small quantities permit, in a safe of GSA Class 5 rated or equivalent, if the safe
weighs less than 750 pounds it shall be bolted or cemented to the floor or wall in such a way that
it cannot readily be removed. The safe shall, where required by the commissioner, be equipped
with tamper-proof closed circuit alarm system approved by Underwriter's Laboratories, which
when unauthorized entry is attempted, transmits a signal directly to a central protection
company, a local police agency which has a legal duty to respond or a 24-hour control station
operated by the registrant.
(b) A vault constructed or under construction before April 1, 1973 and approved by the
commissioner which is of substantial construction with a steel door, combination or key lock and
an alarm system.
(c) A vault constructed on or after April 1, 1973 which meets the following specifications or
their equivalent as determined by the commissioner:
(1) Walls, floors and ceilings constructed of at least eight inches of reinforced concrete or other
substantial masonry, reinforced vertically and horizontally with one-half inch steel rods tied six
inches on center, or the structural equivalent to such reinforced walls, floors and ceilings.
(2) The door of the vault shall contain a multiple position combination lock or the equivalent, a
relocking device or equivalent and steel plate with a thickness of at least one-half inch. (The
GSA Class 5 rated steel door meets all of the qualifications for the vault door.)
(3) The vault, if operations require it to remain open for frequent access shall be equipped with a
"day gate" or the equivalent, which is self closing and self-locking. If the operation requires only
that the vault be opened infrequently, such as to remove raw material in the morning and return
raw material at night, and is always relocked immediately after use, a "day gate" is not required.
(4) The walls or perimeter of the vault shall be equipped with a tamper-proof closed circuit alarm
approved by Underwriter's Laboratories which, when unauthorized entry is attempted, transmits
a signal directly to a central station protection company, a local police agency which has a legal
duty to respond or a 24-hour control station operated by the registrant. If necessary, due to local
conditions or other problems, holdup buttons shall be placed at strategic points of entry to the
perimeter area of the vault.
(5) The vault door shall be equipped with a contact switch.
(6) The vault shall have one of the following:
17
Part 80: Rules and Regulations on Controlled Substances in NYS
(i) complete electrical lacing of the walls, floor and ceiling;
(ii) sensitive ultrasonic equipment within the vault;
(iii) sensitive sound accumulator system; or
(iv) such other device designated to detect illegal entry as may be approved by the department.
18
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.14 - Minimum security standards for nonpractitioner handling; schedule III, IV
and V controlled substances
80.14 Minimum security standards for nonpractitioner handling; schedule III, IV and V
controlled substances. (a) Minimum security standards for storage of schedule III, IV and V
controlled substances shall include the following requirements:
(1) The controlled substance shall be separated from all other merchandise except that controlled
substances may be stored with other pharmaceuticals in a separate room or storage area within a
building if there is limited access to the room or storage area.
(2) During working hours the controlled substances shall be kept under constant surveillance by
a supervisor or specific individual who has the responsibility for this duty; and
(3) An alarm system installed on the outer perimeter of the building or on the safe, cabinet, vault,
or inside storage area, which shall be equipped to transmit, upon unauthorized entry, a signal to a
central station protection company, a local police agency which has a legal duty to respond, or a
24-hour control station operated by the registrant.
(b) Storing the controlled substances in the following manner shall be deemed compliance with
this section:
(1) where small quantities permit, in a safe of GSA Class 5 rating or its equivalent, which
complies with requirements of this Part for storing' schedule I and II substances;
(2) in a vault which complies with the security requirements of this Part for storage of schedule I
and II substances; or
(3) in a building or area located within a building which has walls or perimeter fences of
sufficient height and construction to provide security from burglary and has substantial doors
which shall be securely locked during non-working hours by a multiple position combination or
key lock.
19
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.15 - Multiple storage area; schedule I-V controlled substances
80.15 Multiple storage area; schedule I-V controlled substances. Where necessary for licensees
(nonpractitioner category) to handle several classes of controlled substances separately, for
example, damaged goods, returned goods and goods in process, the controlled substances may be
stored apart from the main stock of controlled substances, provided that each storage area
complies with the security requirements set forth in this Part.
20
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.16 - Accessibility to storage areas; schedule I-V controlled substances
80.16 Accessibility to storage areas; schedule I-V controlled substances. (a) In order to minimize
the possibility of internal diversion the licensee shall limit access to the storage areas for
controlled substances to a minimum number of employees with a security pass system if the size,
type or other factors indicate a need, as determined by the department.
(b) Where it is necessary for employee maintenance or nonemployee maintenance personnel,
business guests or other visitors to have access to or pass through the controlled substances
storage area the licensee shall authorize in writing an employee to provide adequate observation
during the time these otherwise unauthorized persons are in the storage area.
21
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.17 - Security standards; agents of nonpractitioners
80.17 Security standards; agents of nonpractitioners. When controlled substances are distributed
by nonpractitioners through agents (i.e. detailmen), the licensee is responsible for providing and
requiring adequate security to guard against theft or diversion while the substances are being
stored or handled by the agent.
22
Part 80: Rules and Regulations on Controlled Substances in NYS
Title: Section 80.18 - Security standards; public warehouse and common or contract carriers
80.18 Security standards; public warehouse and common or contract carriers. (a) Licensees who
store controlled substances in a public warehouse are responsible for utilizing a warehouse that
will provide adequate security against theft or diversion. The licensee and not the warehouse is
responsible for the security of the controlled substances. The department shall determine if the
overall security is adequate. The licensee shall notify the department in writing within 30 days of
any change in the warehouse inspected and approved by the department.
(b) The licensees are also responsible for utilizing a common or contract carrier that will provide
adequate security of the controlled substances while they are in transit. If the licensee has
substantial quantities of controlled substances lost or stolen in transit when utilizing the facilities
of a particular common or contract carrier, steps shall be taken to obtain another carrier or means
of transportation for shipping controlled substances. Precautions such as securely wrapping and
sealing packages containing controlled substances or utilizing unmarked or coded boxes or
shipping containers are required for guarding against losses in storage or in transit.
23
Part 80: Rules and Regulations on Controlled Substances in NYS
Title: Section 80.19 - Security controls for nonpractitioners; manufacturing areas
80.19 Security controls for nonpractitioners; manufacturing areas. All manufacturing activities,
including processing, packaging, and labeling, involving controlled substances listed in any
schedule shall conform to the following security controls:
(a) All substances in process of manufacture shall be returned to the controlled substances
storage area at the termination of the process. If the process is not completed at the end of a
workday, except where a continuous process or other normal manufacturing operation should not
be interrupted, the processing area or tanks, vessels, bins, or bulk containers containing
controlled substances shall be securely locked inside an area or building which affords adequate
security.
(b) Manufacturing activities with controlled substances shall be conducted in an area or areas
with limited access and shall be kept under surveillance by an employee or employees designated
in writing by the licensee to be responsible for the area. The designated employee or employees
shall be able to provide continuous surveillance of the area in order that unauthorized persons
may not enter or leave the area without his knowledge. Limited access may be accomplished by
use of physical dividers such as walls or partitions, by traffic control lines or by restricted space
designations.
(c) During the production of controlled substances, the manufacturing area shall be accessible
only to those employees necessary for efficient operation. If it is necessary for maintenance
personnel, visitors or others to be present or pass through the manufacturing areas during
production, the licensee shall have an employee designated in writing as being responsible for
providing surveillance of the area.
24
Part 80: Rules and Regulations on Controlled Substances in NYS
Title: Section 80.20 - Theft or loss
80.20 Theft or loss. The licensee shall promptly notify the department of any theft or loss of any
controlled substance. Such theft or loss shall be reported on forms furnished by the department.
Thefts shall be reported whether or not the controlled substances are subsequently recovered, the
responsible parties identified or action taken against them.
25
Part 80: Rules and Regulations on Controlled Substances in NYS
Title: Section 80.21 - Good faith inquiry
80.21 Good faith inquiry. The licensee shall make a good faith inquiry either to the department
or the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice to
determine that a person is licensed to possess a controlled substance before distributing any such
controlled substance to a person who the licensee does not know to be licensed to possess the
controlled substance.
26
Part 80: Rules and Regulations on Controlled Substances in NYS
Title: Section 80.22 - Suspicious orders
80.22 Suspicious orders. The licensee shall establish and operate a system to disclose to the
licensee suspicious orders for controlled substances and inform the department of such
suspicious orders. Suspicious orders shall include, but not be limited to, orders of unusual size,
orders deviating substantially from a normal pattern, and orders of unusual frequency.
27
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 11/26/2008
Title: Section 80.23 - Records and reports
80.23 Records and reports. (a) Manufacturer records. Manufacturers shall keep records of all
controlled substances manufactured, received, disposed of or distributed by them, which shall
include date of manufacture, type and quantity of drug manufactured.
(1) Records of drugs received shall indicate date of receipt, type and quantity of drug received,
and name and address of supplier of such drug.
(2) Records of drugs disposed of or distributed shall indicate date of disposal or distribution,
name and address of the person receiving such drugs and type and quantity of such drugs.
(b) Distributors, importers and exporters records. Distributors, importers and exporters shall keep
records of all controlled substances received, disposed of or distributed by them.
(1) Records of drugs received shall indicate the date of receipt, type and quantity of drug
received, and the name and address of supplier of such drug.
(2) Record of drugs disposed of or distributed shall indicate the name and address of persons
receiving such drugs and the type and quantity of such drugs.
(c) Purchase requests. Manufacturers or distributors may sell schedule III, IV and V controlled
substances to authorized practitioners, pharmacies, institutional dispensers or other authorized
persons on a written request submitted by the purchaser on his professional or business stationery
or on a written order submitted by a representative of the vendor. All such purchase requests
shall indicate the name and address of the vendor, the name and address of the vendee, Drug
Enforcement Administration registration number, date of the order, type and quantity of drug
ordered. Schedule I and II drugs shall be ordered on an official Federal order form only.
(d) Invoice required. The manufacturer or distributor shall furnish the vendee with each shipment
of controlled substances an invoice in duplicate, or separate itemized list of all such drugs sold,
which shall include the name and address of the vendor, the name and address of the vendee,
date of shipment or delivery, type and quantity of drug sold.
(e) Record maintenance. Manufacturers and distributors shall maintain all required records of
controlled substances in a separate file or in such a manner as will make them readily available
for inspection by authorized representatives of the Bureau of Narcotic Enforcement, New York
State Department of Health.
(f) Reports. Manufacturers and distributors shall report to the Department, in a manner approved
by the Department, information from the sale of controlled substances. Such information shall be
filed electronically with the Bureau of Narcotic Enforcement, utilizing a transmission format
acceptable to the Department. The information filed with the Department shall include, but not
be limited to:
(i) the manufacturer's or distributor's name, address, phone number, DEA registration number
28
Part 80: Rules and Regulations on Controlled Substances in NYS
and controlled substance license number issued by the Department;
(ii) the name, address and DEA registration number of the entity to whom the controlled
substance was sold;
(iii) the date of the sale of the controlled substance;
(iv) the name and National Drug Code (NDC) of the controlled substance sold; and
(v) the number of containers and the strength and metric quantity of controlled substance in each
container of controlled substance sold.
Volume: A-1a
29
Part 80: Rules and Regulations on Controlled Substances in NYS
Title: Section 80.24 - Identification of controlled substances
80.24 Identification of controlled substances. (a) No controlled substances may be manufactured
or delivered within this State in solid or capsule form unless it has clearly marked or printed
upon each capsule or solid the national drug code number or other identifying symbol assigned
to the manufacturer or distributor and the drug manufactured or distributed, or other set or sets of
identifying symbols or coding as approved by the commissioner. The commissioner may except
from the requirement of this subdivision controlled substances manufactured in such form as to
render any imprinting thereon unreasonably difficult or impossible.
(b) Each manufacturer or distributor of controlled substances shall furnish the department with a
list of all controlled substances manufactured or delivered by them within the State and the
national drug code number or other symbol assigned to each such substance.
(c) No controlled substance contained within a bottle, vial, carton or other container or package
for delivery to an ultimate consumer, shall be manufactured or distributed within this State
unless such container or package has clearly and permanently marked or imprinted upon it:
(1) the national drug code identification number assigned to the manufacturer or distributor, or
other identification number approved by the commissioner, and
(2) the national drug code number or other identification number approved by the commissioner
and designated for such substance.
(d) The commissioner does hereby direct each such manufacturer or distributor to adopt the
national drug code number or other identification number approved by the commissioner and
assigned to each controlled substance manufactured or distributed by such licensee for the
purpose of meeting the requirements of article 33, Public Health Law.
30
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.25 - Distribution of free samples
80.25 Distribution of free samples. (a) It shall be unlawful to distribute free samples of
controlled substances except by licensees licensed under this Part to persons licensed by the
department for research, instructional activities or chemical analysis.
(b) No such distribution shall be made without giving prior notice to the department regarding
the proposed manner of distribution and the names of those persons to whom such distribution
will be made. A record of all such distributions shall be made.
31
Part 80: Rules and Regulations on Controlled Substances in NYS
RESEARCH, INSTRUCTIONAL ACTIVITIES AND CHEMICAL ANALYSIS
Effective Date:
Title: Section 80.35 - Unlicensed activity
RESEARCH, INSTRUCTIONAL ACTIVITIES AND CHEMICAL ANALYSIS
80.35 Unlicensed activity. (a) No person shall conduct research, instructional activities or
chemical analysis of controlled substances in this State without first having obtained a license
from the department.
(b) Licensees. Licensees shall register with the appropriate Federal agency or agencies in the
comparable controlled substance schedule provided for under Federal regulations.
32
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.36 - Additional requirements, research, instructional activities and chemical
analysis
80.36 Additional requirements, research, instructional activities and chemical analysis. (a)
Persons engaged in research of controlled substances in schedules II to V shall first obtain a
Class 4 license from the department and thereafter a registration from the Bureau of Narcotics
and Dangerous Drugs, United States Department of Justice, or its successor agency.
(b) Persons engaged in industrial or commercial processes requiring the use of controlled,
substances in schedules II to V shall first obtain a Class 4a license from the department and
thereafter a registration from the Bureau of Narcotics and Dangerous Drugs, United States
Department of Justice, or its successor agency.
(c) Persons engaged in instructional activities requiring the use of controlled substances in
schedules II to V shall first obtain a license from the department in Class 5 and thereafter, a
registration from the Bureau of Narcotics and Dangerous Drugs, United States Department of
Justice, or its successor agency.
(d) Persons conducting research with controlled substances in schedule I shall apply to the
department for such research license in Class 7 and file with the department three copies of a
research protocol describing the research project.
(1) The research protocol shall contain all pertinent information including the objective, material,
security, procedures (such as species and number of animals, daily dose regimen and route of
administration) and investigators, if any.
(2) If the commissioner finds that the applicant is qualified and competent, and has furnished a
satisfactory protocol, the department shall license such applicant unless he finds that the
application should be denied by reason of false statements in the application, conviction of a
felony relating to controlled substances suspension, revocation or denial of the applicant's
Federal license or registration, failure to provide adequate safeguards against diversion of the
controlled substances from legitimate medical or scientific use or other good and sufficient
reason.
(e) A person licensed to conduct research with controlled substances listed in schedule I may
conduct research with only such substances in schedule I for which he has filed and had
approved a research protocol.
(f) All persons conducting research and instructional activities with controlled substances listed
in schedule I shall first obtain a Class 7 license from the department and thereafter, a registration
from the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice, or its
successor agency.
(g) All persons conducting analytical laboratories involving controlled substances shall first
obtain a Class 8 license from the department and thereafter, a registration from the Bureau of
Narcotics and Dangerous Drugs, United States Department of Justice, or its successor agency.
33
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.37 - Records; researchers
80.37 Records; researchers. (a) Researchers, licensed and authorized to possess and use
controlled substances, shall keep a record of all such substances received and used by them.
(1) A record of all such controlled substances received shall include date of receipt, name and
address of vendor, type and quantity of drug received. A duplicate invoice or separate itemized
list furnished by the vendor will be sufficient to meet this record requirement providing it
contains all the information required and is maintained in a separate file.
(2) A record of all controlled substances used shall include the name of the person authorized to
control and use such drugs, the date, type and quantity of drug and signature of the user.
(b) In addition, such records shall contain the following information for each controlled
substance:
(1) Name of substance.
(2) Each finished form (such as 10 mg. tablet, or 10 mg. concentration per fluid ounce or
milliliter) and the number of units or volume of finished form in each commercial container.
(3) The number of commercial containers of such finished form received from other persons,
including the date of and number of containers in each receipt, and the name, address, and
registration number of the person from whom the containers were received.
(4) The amount of such finished form dispensed, including the name and address of the person to
whom it was dispensed, the date of dispensing, and the written or typewritten name or initials of
the individual who dispensed or administered the substance.
(5) The number of units or volume of the finished form and/or commercial containers disposed
of in any other manner by the researcher, including the date and manner of disposal.
34
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.38 - Records; instructional activities
80.38 Records; instructional activities. Persons authorized to possess and use controlled
substances for instructional activities shall keep a record of all controlled substances received
and used by them.
(a) The record shall include date of receipt, name and address of vendor, type and quantity of
drug received. A duplicate invoice or separate itemized list furnished by the vendor for schedule
III, IV and V controlled substances will be sufficient to meet this record requirement providing it
contains all the information required and is maintained in a separate file. Duplicate copies of
Federal order forms for schedule I and II substances shall also be maintained.
(b) A record of controlled substances used shall include the name of the person authorized to
control and use such drugs, the date, type and quantity of drug and signature of the user.
35
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.39 - Records; analytical laboratories
80.39 Records; analytical laboratories. Analytical laboratories authorized to possess and use
controlled substances shall keep a record of all controlled substances received and used by them.
(a) The record of controlled substances received shall include date of receipt, name and address
of vendor, type and quantity of drug received. A duplicate invoice or separate itemized list
furnished by the vendor will be sufficient to meet this record requirement providing it contains
all the information required and is maintained in a separate file. In addition, duplicate copies of
Federal order forms for schedule II controlled substances shall be retained.
(b) A record of controlled substances used shall include the name of the person authorized to
control and use such drugs, the date, type and quantity of drug used and signature of the user.
36
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.45 - Unlicensed activity
INSTITUTIONAL DISPENSERS
80.45 Unlicensed activity. (a) No person shall act as an institutional dispenser or institutional
dispenser limited of controlled substances in this State without first having obtained a license
from the department.
(b) Licensees shall register with the appropriate Federal agency or agencies in the comparable
controlled substance schedule provided for under Federal regulations.
37
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 05/01/2001
Title: Section 80.46 - Institutional dispensers; additional requirements
80.46 Institutional dispensers; additional requirements. (a) Hospitals, veterinary hospitals, mental
hospitals, or similar facilities qualified for controlled substances privileges shall first obtain a
Class 3 license from the department and thereafter, a registration from the Bureau of Narcotics
and Dangerous Drugs, United States Department of Justice, or its successor agency.
(b) Nursing homes and other facilities having the services of a physician, registered nurses and a
licensed and registered pharmacist may qualify for a Class 3 license for controlled substances
privileges. Such facilities shall first obtain a Class 3 license from the department and thereafter, a
registration from the Bureau of Narcotics and Dangerous Drugs, United States Department of
Justice, or its successor agency.
(c) Institutional dispensers licensed by the department in class 3 may purchase stocks of
controlled substances only from authorized distributors or manufacturers licensed by the
department.
(d) Institutional dispenser stocks of controlled substances obtained pursuant to a class 3 license
are for inpatient and outpatient use through a registered pharmacy dispenser.
(e) Bulk stocks of controlled substances may be distributed within the institution to wards, floor
stocks, operating rooms and emergency rooms and carried as substocks of the hospital.
(1) With each substock of a schedule II controlled substance, an administration sheet or other
record as the commissioner may approve shall be furnished.
(2) The administration sheet shall list the type of controlled substance, doses and number of
doses furnished to the substock and shall indicate:
(i) date and hour of administration;
(ii) name of patient;
(iii) name of prescribing practitioner;
(iv) quantity administered;
(v) balance on hand after each administration; and
(vi) signature of administering nurse.
(f) Administration of all controlled substances shall be authorized only by written order of an
authorized practitioner except that:
(1) In an emergency situation, as defined in this subdivision, a practitioner may have a controlled
substance administered by oral order provided that immediately thereafter such order is reduced
38
Part 80: Rules and Regulations on Controlled Substances in NYS
to writing and that a notation be made of the emergency condition which required the
administration of the drug. Such oral order shall be signed by the practitioner within 48 hours.
(2) Emergency means that the immediate administration of the drug is necessary for proper
treatment, that no alternative treatment is available and it is not possible for the practitioner to
provide a written order before the administration of such drug.
(3) As required orders (P.R.N., pro re nata) for controlled substances are not valid beyond 72
hours and must be rewritten at least every 72 hours.
(4) Routine orders or an order in which there is no specific order written by a specific physician
or other authorized practitioner are not permissible.
(5) Standing orders or specific controlled substances orders for individual patients to be
administered at specified times shall not be valid after seven days and for continuing validity
shall be rewritten at least every seven days, except that for a stabilized patient with convulsive
disorders or chronic spasticity or minimal brain dysfunction in an institutional setting, and for
patients in residential health care facilities, or in prisons, which possess class three controlled
substances licenses, such orders shall be valid for 30 days but shall be rewritten at least every 30
days.
(6) Written controlled substances orders for hospitalized patients may, if permissible under the
bylaws, rules and regulations of the hospital, be signed by a physician's assistant for patients
under the care of the physician or physicians to whom the registered physician's assistant is
assigned for supervision, subject to compliance by the registered physician's assistant with any of
the foregoing conditions set forth in this section that are applicable to his/her supervising
physicians. In every case, such written orders shall be countersigned by the supervising
physician within 24 hours if deemed necessary and appropriate by the supervising physician or
the hospital. Countersignature by the supervising physician is not required before execution of
the order.
(7) Doses of controlled substances shall be withdrawn from the container immediately before
administration is to be made to the patient.
(g) Institutional dispensers operating an outpatient department pharmacy shall also obtain a
registration from the Bureau of Narcotics and Dangerous Drugs, United States Department of
Justice, or its successor agency.
(1) Such pharmacy shall be registered by the New York State Board of Pharmacy and under the
supervision of a licensed and registered pharmacist.
(2) Controlled substances dispensed through outpatient department pharmacy to patients or
employees of the institutional dispenser shall be dispensed only pursuant to prescriptions issued
by an authorized practitioner.
(h) Independent out-of-hospital health facilities, such as clinics, may qualify to obtain official
New York State institutional prescription forms required for prescribing schedule II controlled
39
Part 80: Rules and Regulations on Controlled Substances in NYS
substances under the New York State Controlled Substances Act by complying with the
following:
(1) Obtain a class 3b license from the New York State Bureau of Narcotic Control as an
institutional dispenser (restricted to prescriptions). Such licensure does not authorize the facility
to maintain a stock of controlled substances.
(2) Obtain an operating certificate from the New York State Department of Health as required
under the New York State Hospital Code (Chapter V of this Title) or license by the New York
State Department of Mental Hygiene.
(3) Obtain a registration as a clinic from the Drug Enforcement Administration (schedules II, III,
IV and V), United States Department of Justice, or its successor agency.
40
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 10/20/2004
Title: Section 80.47 - Institutional dispenser, limited
80.47 Institutional dispenser, limited.
(a) Nursing homes, convalescent homes, health-related facilities, adult care facilities subject to
the provisions of Title 18 NYCRR Parts 487, 488 and 490, dispensaries or clinics not qualifying
as institutional dispensers in license class 3 shall apply for an institutional dispenser, limited
license. Such institutional dispensers qualifying for controlled substances privileges shall obtain
a class 3a license from the department.
(b) An institutional dispenser licensed in class 3a may administer controlled substances to
patients only pursuant to a prescription issued by an authorized physician or other authorized
practitioner and filled by a registered pharmacy; except that controlled substances in emergency
medical kits may be administered to patients as provided in Section 80.49(d) of this Part, except
in an adult care facility subject to the provisions of Title 18 NYCRR Parts 487, 488 and 490.
(c) An institutional dispenser, limited, licensed in class 3a, which is operated as an integral and
physical part of a facility licensed as a class 3 institutional dispenser may be provided with bulk
stocks of controlled substances obtained pursuant to such class 3 institutional dispenser license.
Records of distribution and administration of such bulk stocks of controlled substances shall be
kept as provided in section 80.48(a) of this Part.
41
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.48 - Records and reports of institutional dispensers
80.48 Records and reports of institutional dispensers. (a) Hospitals and other facilities licensed
and authorized by the department to purchase, possess and use controlled substances shall keep
the following records:
(1) An order, signed by a person authorized to prescribe under the provisions of this Part,
specifying the controlled substances medication for an indicated person or animal.
(2) A separate record, at the main point of supply for controlled substances showing the type and
strength of each drug in the form of a running inventory indicating the dates and amounts of such
drugs compounded by them or received from other persons and their distribution or use.
(3) A record of authorized requisitions for such drugs for distribution to substations or wards.
Such records shall show receipt at substation or ward by the signature of a person authorized to
control such substation or ward; and
(i) with each substock of schedule II controlled substances, an administration sheet shall be
furnished.
(ii) the administration sheet shall list the type of controlled substances, dose and number of doses
furnished to the substock; and
(a) date and hour of administration;
(b) name of patient;
(c) name of prescribing physician or practitioner;
(d) quantity of administration;
(e) balance on hand after each administration; and
(f) signature of administering nurse.
(4) A record in the patient's chart indicating administration of the controlled substance including
the name of the administering attendant and the date and hour of administration.
(b) Records of controlled substances received shall include date of receipt, name and address of
vendor, type and quantity of such drugs received. A duplicate invoice or separate itemized list
furnished by the vendor will be sufficient to satisfy this record requirement provided it includes
all required information and is maintained in a separate file. In addition, duplicate copies of
Federal order forms for schedule II controlled substances must be retained.
(c) Records of controlled substances administered shall include date of administration, name of
patient, prescriber's signature, signature of person administering, type and quantity of drug and
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Part 80: Rules and Regulations on Controlled Substances in NYS
such other information as may be required by regulation or provisions of article 33 of the Public
Health Law.
43
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 10/20/2004
Title: Section 80.49 - Records and reports of institutional dispensers, limited
80.49 Records and reports of institutional dispensers limited. (a) All nursing homes,
convalescent homes, health-related facilities, homes for the aged and other facilities licensed and
authorized by the department as institutional dispensers limited and authorized to possess and
distribute controlled substances prescribed for individual patients in their care shall keep a record
of all such drugs received in custody and dispensed to patients.
(b) A separate daily running record shall be kept of all prescribed controlled substances received,
indicating the date, name and quantity of prescribed controlled substances, name of the
prescriber, name of the patient, name of the pharmacy and the serial number of the prescription
containing the controlled substance, for patients under their care.
(c) A separate record shall be maintained of the administration of prescribed controlled
substances indicating the date and hour of administration, name and quantity of controlled
substances, name of the prescriber, patient's name, signature of person administering and the
balance of the controlled substances on hand after such administration.
(d) In an emergency situation, a controlled substance from a sealed emergency medication kit
may be administered to a patient by an order of an authorized practitioner. An oral order for such
controlled substance shall be immediately reduced to writing and a notation made of the
condition which required the administration of the drug. Such oral order shall be signed by the
practitioner within 48 hours.
(1) For purposes of this subdivision, emergency means that the immediate administration of the
drug is necessary and that no alternative treatment is available.
(2) A separate record shall be maintained of the administration of controlled substances from an
emergency medication kit. Such record shall indicate the date and hour of administration, name
and quantity of controlled substances, name of the practitioner ordering the administration of the
controlled substance, patient's name, signature of the person administering and the balance of the
controlled substances in the emergency medication kit after such administration.
(3) The institutional dispenser limited shall notify the pharmacy furnishing controlled substances
for the emergency medication kit within 24 hours of each time the emergency kit is unsealed,
opened, or shows evidence of tampering.
44
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 10/20/2004
Title: Section 80.50 - Minimum security standards for institutional dispensers, institutional
dispensers limited, treatment programs, license holders engaging in research, instructional
activities and chemical analysis
80.50 Minimum security standards for institutional dispensers, institutional dispensers limited,
treatment programs, license holders engaging in research, instructional activities and chemical
analysis.
(a) Reserve or main stocks of controlled substances shall be securely kept as follows:
(1) Schedule I and II controlled substances shall be kept in one of the following secure storage
areas:
(i) A GSA class 5 rated steel cabinet or equivalent safe approved by the Bureau of Narcotic
Control of the Department of Health. Any cabinet or safe weighing less than 750 pounds shall he
bolted or cemented to the floor or wall in such a way that it cannot be removed. The door of the
cabinet or safe shall contain a multiple position combination lock, a relocking device or the
equivalent, and steel plate having a thickness of at least one-half inch.
(ii) A vault, constructed of substantial masonry and having a multiple position combination lock,
a relocking device or the equivalent, and a door having a thickness of steel plate of at least onehalf inch. For new construction, floor, walls and ceiling shall not be less than eight inches of
reinforced concrete, but less may be accepted where there are compensating extra safeguards.
(2) Schedule III, IV and V controlled substances shall be stored in a securely locked cabinet of
substantial construction.
(b) Working stocks of controlled substances of a registered pharmacy may be dispersed
throughout the stocks of noncontrolled substances in such a manner as to obstruct theft or
diversion provided the conditions of section 80.6 of this Part are met and the pharmacy is locked
when not in operation. If not dispersed, controlled substances in Schedules II, III and IV shall be
kept in a stationary, securely locked cabinet of substantial construction.
(c) Working stocks of controlled substances for institutional dispensers without a registered
pharmacy, treatment programs, license holders engaging in research, instructional activities, and
chemical analysis shall be securely kept as follows:
(1) Schedule I, II, III and IV controlled substances shall be kept in stationary, locked double
cabinets. Both cabinets, inner and outer, shall have key-locked doors with separate keys; spring
locks or combination dial locks are not acceptable. For new construction, cabinets shall be made
of steel or other approved metal.
(2) Schedule V controlled substances shall be stored in a stationary, securely locked cabinet of
substantial construction.
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Part 80: Rules and Regulations on Controlled Substances in NYS
(3) Limited supplies of controlled substances for use in emergency situations may be stocked in
sealed emergency medication kits.
(d) Patient care units of institutional dispensers or institutional dispensers limited shall safeguard
substances as follows:
(1) Controlled substances kept as floor stocks on patient care units for general patient use and
quantities prescribed or ordered for a specific patient which would exceed a 72-hour supply shall
be stored as specified in subdivision (c) of this section.
(2) Controlled substances prescribed or ordered for a specific patient in quantities which would
not exceed a 72-hour supply may be stored with the patient's other medications at the patient care
unit, provided that they are kept in a securely locked medication cart or other storage unit
approved by the department.
(3) Medication carts. Schedule II controlled substances may not be stocked in medication carts.
(i) Medication carts may be utilized to stock Schedule III, IV and V controlled substances as
provided in paragraph (2) of this subdivision, provided they are equipped with the following:
(a) double-keyed locks;
(b) when not in use, anchored to a floor or wall device or maintained in another secure location;
(c) locked drawer system; and
(d) independent locking device.
(ii) Access to medication carts shall be limited to an identified individual at all times. Such carts
are to be used only in conjunction with a pharmacymaintained patient profile summary.
(4) Records. The following records shall be maintained of controlled substances stocked,
dispensed or administered in medication carts:
(i) An order, signed by a person authorized to prescribe under the provisions of this Part,
specifying the controlled substances medication for an indicated person or animal.
(ii) A separate record, at the main point of supply for controlled substances, showing the type
and strength of each drug, in the form of a running inventory indicating the dates and amounts of
such drugs compounded by them or received from other persons and their distribution or use.
(iii) A record of authorized requisitions for such drugs and the distribution to substations or
wards should be maintained. Such records shall show delivery to substation or ward by the
authorized signature of dispensing personnel. (iv) A record in the patient's chart indicating
administration of the controlled substance, including the name of the administering attendant and
the date and hour of administration.
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(e) Except as provided in paragraph (1) of this subdivision, institutional dispensers limited may
only possess controlled substances prescribed for individual patient use, pursuant to prescriptions
filled in a registered pharmacy. These controlled substances shall be safeguarded as provided in
subdivision (d) of this section.
(1) Except for adult care facilities subject to the provisions of Title 18 NYCRR Parts 487, 488
and 490, institutional dispensers limited may possess limited supplies of controlled substances in
sealed emergency medication kits for use as provided in section 80.49 (d) of this Part. Each kit
may contain up to a 24-hour supply of a maximum of ten different controlled substances in unit
dose packaging, no more than three of which may be in an injectable form. Each kit shall be
secured in a stationary, double-locked system or other secure method approved by the
Department.
(f) Only controlled substances shall be stored within the storage facilities described in this
section, except as noted in subdivisions (b) and (d)(2) of this section.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 06/09/93
Title: Section 80.51 - Surrender and disposal of controlled substances
80.51 Surrender and disposal of controlled substances. (a) As described in this section, the
destruction of controlled substances shall mean that the substances have been rendered totally
unrecoverable and beyond reclamation.
(b) Single-unit doses or partial doses remaining after the administration or attempted
administration of a portion of a liquid or solid unit dose of a controlled substance may be
destroyed on the premises of an institutional dispenser by a pharmacist or nurse provided that:
(1) a notation is made on the administration record sheet; and
(2) the destruction is witnessed by a second pharmacist or nurse or other responsible person
designated by the administrator.
(c) A person holding a Federal registration number, or who is licensed by the Department under
Article 33 of the Public Health Law, or a person with lawful temporary custody possessing
controlled substances, which are undesired, deteriorated, obsolete, or for any reason no longer
needed shall:
(1) return such controlled substances to the licensed distributor or manufacturer from whom the
controlled substances were purchased provided, that a manufacturer or distributor is required to
accept only those full packages of controlled substances still in the sealed containers but may
accept partial containers if it wishes to do so; or
(2) surrender such controlled substances to such other person approved by the Bureau of
Controlled Substances to receive controlled substances for destruction; or
(3) destroy the controlled substances in the presence of a witness who shall be a New York State
licensed practitioner, pharmacist or nurse, provided that:
(i) the person shall request from the Department permission to destroy controlled substances at
least two weeks prior to the intended destruction. Such requests must be made in writing and
must include the following information:
(a) an inventory of controlled substances to be destroyed;
(b) the specific method of destruction to be employed;
(c) the date, time and location of intended destruction;
(d) the identity of at least two persons to conduct and witness the destruction. Such witnesses
shall be New York State-licensed practitioners, pharmacists or nurses; and
(e) the reason for the destruction;
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Part 80: Rules and Regulations on Controlled Substances in NYS
(ii) the Department shall determine whether or not to grant approval for the destruction by
considering factors that include, but are not limited to:
(a) the record of compliance with Article 33 of the Public Health Law by the licensee, its
employees, and the persons designated to witness the destruction;
(b) the type, nature and schedule of the drugs proposed for destruction, including the potential
for diversion of such drugs during the destruction process;
(c) the licensee's pattern and frequency of requests for approval to destroy and of surrenders of
controlled substances to the Department;
(iii) a person may destroy controlled substances only after receiving the written approval of the
Department which will include specific protocols for and methods of destruction.
(iv) if the Department does not grant approval for the person to destroy controlled substances, the
person shall surrender the controlled substances to the Department by following the requirements
in subdivision (c)(4) of this section;
(4) surrender the controlled substances to the New York State Department of Health, Bureau of
Controlled Substances in the following manner:
(i) the person shall request a surrender date from the bureau on which to surrender the controlled
substances to the bureau. Such a request shall be made on forms provided by the bureau and
must include the following information:
(a) an inventory of all controlled substances to be surrendered;
(b) the identity of at least two persons who conducted the inventory of the controlled substances
to be surrendered. Such persons shall be New York State licensed practitioners, pharmacists or
nurses;
(c) the reason for the surrender of each controlled substance; and
(d) the proposed date of surrender and an alternative date.
(ii) a person may surrender controlled substances only after receiving a surrender date in writing
from the bureau. The controlled substances must be shipped to the bureau no later than five days
from the date the bureau has set as the surrender date. The bureau may set a date different than
the date requested by the applicant.
(iii) all controlled substances to be surrendered to the bureau must be packaged in the following
manner:
(a) all solid dosage forms of controlled substances must be packaged by placing each controlled
substance in separate, individual, paper packaging only. The package must be properly labeled
with the name of the licensee, DEA registration number and the name, strength and quantity of
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Part 80: Rules and Regulations on Controlled Substances in NYS
the controlled substance; (b) all liquids, including injectable preparations and prefilled syringes,
shall be emptied into individual plastic containers. A label shall be affixed to the container with
the name of the licensee, DEA registration number and the name, strength and quantity of the
controlled substance. Glass containers are prohibited;
(c) no needles or syringes shall be surrendered to the Department for destruction; or
(5) surrender the controlled substances to the federal Drug Enforcement Administration, or its
successor agency.
(d) Recordkeeping requirements.
(1) Any person disposing of a controlled substance by returning it to the distributor or to the
manufacturer, by destroying the controlled substance in the presence of a witness, or by
surrendering it to the Department, must maintain a written record containing:
(i) date of return or destruction;
(ii) name, form, quantity of the substance returned or destroyed;
(iii) name, address, registry number of the person making the return;
(iv) name, address, registry number of the supplier or manufacturer to whom the substances are
returned or the name and license number of the persons performing and witnessing the
destruction.
(2) Any distributor or manufacturer receiving such controlled substances shall keep a record of
those controlled substances received and include:
(i) the name, address, registry number of the person making the return;
(ii) the name, form and quantity of the substance returned; and
(iii) the date the substance was received.
(3) Any person surrendering controlled substances to the Drug Enforcement Administration shall
maintain records of such surrenders as may be required by that agency.
(4) Any record required to be kept under this section shall be kept for a period of five years.
(e) Persons licensed under Article 33 of the Public Health Law as manufacturers or distributors
may destroy controlled substances on their premises providing that federal Drug Enforcement
Administration approval is obtained and a copy of such approval is filed with the Department
within 30 days of the receipt of such approval.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.52 - Returns to supplier
80.52 Returns to supplier. Any person holding a Federal registration number who is in
possession of a controlled substance listed in any schedule may, without being licensed as a
distributor, return that substance to either the distributor from whom he obtained it or to the
manufacturer of the substance provided that:
(a) In the case of a Schedule II controlled substance, an order form is used as provided under
Federal regulations.
(b) In the case of a Schedule III, IV or V controlled substance, a written record is maintained
which indicated the:
(1) date of transaction;
(2) name, form and quantity of the substance;
(3) name, address and registry number of the person making the return; and
(4) name, address and registry number of the supplier or manufacturer.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.60 - Ordering
PRESCRIBING AND DISPENSING CONTROLLED SUBSTANCES
80.60 Ordering. No practitioner shall obtain Schedule II controlled substances except by means
of his official Federal written order forms. Schedules II, III, IV and V controlled substances shall
be obtained from manufacturers or distributors licensed under article 33 of the Public Health
Law and this Part.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.61 - Personal use
80.61 Personal use. A person authorized by law to obtain controlled substances for professional
use shall not use such drugs for the treatment of his own addiction, or habitual use.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.62 - Use of controlled substances in treatment
80.62 Use of controlled substances in treatment. (a) Physicians and other authorized practitioners
in the course of their professional practice, may dispense, administer or prescribe controlled
substances for legitimate medical purposes or treatment, other than treatment for addiction to
controlled substances, when the practitioner regulates the dosage and prescribes or administers a
quantity of such drugs no greater than that ordinarily recognized by members of his profession as
sufficient for proper treatment in a given case.
(b) Such practitioners shall maintain a written patient record of administration, dispensing and
prescription of all controlled substances. The patient record shall contain sufficient information
to justify the diagnosis and warrant the treatment. The record shall contain at least the following
information: patient identification data; chief complaint; present illness; physical examination as
indicated; diagnosis; other data which support the diagnosis or treatment; and the regimen
including the amount, strength, and directions for use of the controlled substance. This
subdivision shall not be construed to require a record distinct from the medical record of the
patient.
54
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 01/16/91
Title: Section 80.63 - Prescribing
80.63 Prescribing. (a) A prescription as defined by the Public Health Law means:
(1) an official New York State prescription;
(2) a written prescription; or
(3) an oral prescription.
(b) The use of preprinted prescriptions which indicate the controlled substance or the strength,
dosage and/or quantity of the controlled substance is prohibited.
(c)(1) No controlled substance prescription shall be issued prior to the examination of the patient
by the practitioner except as otherwise permitted by this subdivision.
(2) Once the initial examination has been completed, the frequency and necessity for future
examinations prior to prescribing, either for the same acute or chronic condition, will be made by
the practitioner utilizing generally accepted medical standards, including taking into account the
drug to be prescribed and the patient's condition, history and disposition toward the use of
controlled substances.
(3) In the temporary absence of the initial prescriber, an authorized practitioner may issue a
controlled substance prescription for a patient as part of a continuing therapy if the practitioner:
(i) had direct access to the patient's medical records and such records warrant continued
controlled substance prescribing, or (ii) had direct and adequate consultation with the initial
prescriber, who assures the necessity of continued controlled substance prescribing and with
which the practitioner concurs. If the patient record is not available, the practitioner shall
document the activity for his or her own record and shall transmit to the initial prescriber the
prescription information. The initial prescriber shall include the prescription information in the
patient's record.
(4) A practitioner may prescribe a controlled substance to his or her patient after review of the
patient's record if the record contains the result of an examination performed by a consulting
physician or hospital and such record warrants the prescribing.
(5) If a patient develops a new condition that would warrant the issuance of a prescription for a
controlled substance, a practitioner may issue such prescription prior to performing an
examination if: (i) the prescribing practitioner has a previously established practitioner/patient
relationship with the patient; and (ii) an emergency exists; and (iii) the prescription does not
exceed a 5 day supply as determined by the directions for use. An emergency means that the
immediate administration of the drug is necessary for the proper treatment of the patient and that
no alternative treatment is available. If the prescription is for a substance which requires an
official New York State prescription form, and the practitioner prescribes such substance orally,
the practitioner must comply with the requirements of section 80.68. If the prescription is for a
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Part 80: Rules and Regulations on Controlled Substances in NYS
substance which does not require an official New York State prescription form, and the
practitioner prescribes such substance orally, the practitioner must comply with the requirements
of section 80.70.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 03/18/98
Title: Section 80.64 - Who may issue
80.64 Who may issue. A prescription for a controlled substance may be issued only by a
practitioner who is:
(a) authorized to prescribe controlled substances pursuant to his licensed professional practice;
and
(b) either registered under the Federal Controlled Substances Act and in possession of a
registration number from the Drug Enforcement
Administration, United States Department of Justice, or its successor agency, or exempted from
such registration as an exempt official.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.65 - Purpose of issue
80.65 Purpose of issue. A prescription, in order to be effective in legalizing the possession of
controlled substances, shall be issued for legitimate medical purposes only. The responsibility for
the proper prescribing and dispensing of controlled substances shall be on the physician, dentist,
podiatrist, veterinarian or other authorized practitioner, but a corresponding liability shall rest
with the pharmacist who fills the prescription. An order purporting to be a prescription, issued to
an addict or habitual user of controlled substances, not in the course of professional treatment but
for the purpose of providing the user with narcotics or other controlled substances sufficient to
keep him comfortable by maintaining his customary use, is not a prescription within the meaning
of subdivision 30 of section 3302 of the Public Health Law and the person knowingly filling
such an order, as well as the person issuing it, shall be subject to the penalties provided for
violation of the provisions of law relating to controlled substances.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date:
Title: Section 80.66 - Schedule I substances
80.66 Schedule I substances. No prescriptions shall be made or filled for controlled substances in
schedule I.
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 11/26/2008
Title: Section 80.67 - Schedule II and certain other substances
80.67 Schedule II and certain other substances. (a) Prescriptions for schedule II substances and:
Alprazolam
Bromazepam
Camazepam
Chlordiazepoxide
Clobazam
Clonazepam
Clorazepate
Clotiazepam
Cloxazolam
Delorazepam
Diazepam
Estazolam
Ethyl Loflazepate
Fludiazepam
Flunitrazepam
Flurazepam
Halazepam
Haloxazolam
Ketazolam
Loprazolam
Lorazepam
Lormetazepam
Medazepam
Midazolam
Nimetazepam
Nitrazepam
Nordiazepam
Oxazepam
Oxazolam
Pinazepam
Prazepam
Quazepam
Temazepam
Tetrazepam
Triazolam
shall be issued on the official New York State prescription form and shall not be refilled.
(b) Such prescription shall be written with ink, indelible pencil, typewriter, or by other electronic
means approved by the department, and shall be signed by the practitioner. The official
prescription shall contain the following:
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(1) name, sex, address and age of the ultimate user for whom the substance is intended, or, if the
ultimate user is an animal, the species of such animal and the name and address of the owner or
person in custody of such animal;
(2) the printed name, address, Drug Enforcement Administration registration number, telephone
number and handwritten signature of the prescribing practitioner. The printed name of the
prescriber who has signed the prescription shall be imprinted or stamped legibly and
conspicuously on the prescription, shall appear in an appropriate location on the prescription
form and shall not be entered in or upon the space or line reserved for the prescriber's signature.
The imprinted or stamped name shall not be a substitute for or fulfill any legal requirement
otherwise mandating that the prescription be signed by the prescriber;
(3) specific directions for use, including, but not limited to the dosage and frequency of dosage
and the maximum daily dosage; and
(4) the date upon which such prescription was prepared and actually signed by the prescribing
practitioner. A prescription shall be dated as of, and signed on, the date it is issued.
(5) the quantity of dosage units prescribed indicated in both numerical and written word form.
(c) Except as provided for in subdivision (d) of this section, no such prescription shall be made
for a quantity of substances which would exceed a 30-day supply if the substance were used in
accordance with the directions for use, specified on the prescription. No additional prescriptions
for a controlled substance may be issued by a practitioner to an ultimate user within 30 days of
the date of any prescription previously issued unless and until the ultimate user has exhausted all
but a seven days' supply of that controlled substance provided by any previously issued
prescription.
(d)(1) A practitioner may issue a prescription for up to a three month supply of a controlled
substance, including chorionic gonadotropin, or up to a six month supply of an anabolic steroid if
used in accordance with the directions for use, provided that the prescription has been issued for
the treatment of:
(i) panic disorders, designated as code A;
(ii) attention deficit disorder, designated as code B;
(iii) chronic debilitating neurological conditions characterized as a movement disorder or
exhibiting seizure, convulsive or spasm activity, designated as code C;
(iv) relief of pain in patients suffering from conditions or diseases known to be chronic or
incurable, designated as code D;
(v) narcolepsy, designated as code E; or
(vi) hormone deficiency states in males, gynecologic conditions that are responsive to treatment
with anabolic steroids or chorionic gonadotropin, metastatic breast cancer in women, anemia and
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Part 80: Rules and Regulations on Controlled Substances in NYS
angioedema, designated as code F.
(2) Such prescription shall specify the condition being treated on the face of the prescription. The
practitioner issuing such prescription shall either:
(i) specify the name of such condition on the face of the prescription; or
(ii) specify a code on the prescription to denote the condition for which the prescription has been
issued, in accordance with codes designated in paragraph (d)(1) of this section.
(3) Either the name of the condition or one of the designated codes shall fulfill the requirement
in:
(i) section 3332(3) of the Public Health Law for the specific condition to be given on the face of
the prescription; and
(ii) section 3333(1) of the Public Health Law for the statement that the controlled substance has
been prescribed to treat one of the conditions that have been enumerated by the regulations of the
commissioner as warranting the prescribing of greater than a 30 days' supply of a controlled
substance.
(e) Such official New York State prescription for a patient enrolled in a hospice program or for a
patient residing in a Residential Health Care Facility (RHCF) may be transmitted by the
practitioner, or a person authorized by the practitioner, to the dispensing pharmacy by facsimile,
provided;
(1) The hospice program or RHCF is licensed or approved by the Department;
(2) The dispensing pharmacy has a written agreement or contract with the hospice program or
“RHCF” to dispense controlled substances to a patient of such program or facility;
(3) The practitioner shall note on the prescription that the patient is a “hospice patient” or
“RHCF patient”; and
(4) Within 72 hours, the prescribing practitioner shall cause to be delivered to the pharmacist the
original official New York State prescription. If the pharmacist fails to receive such prescription,
he/she shall notify the Department in writing within 7 days from the date of dispensing the
substance.
(f) An official New York State prescription for a Schedule II narcotic substance or for those
controlled substances listed in paragraph (a) of this Section to be compounded for the direct
administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal
infusion may be transmitted by the practitioner, or a person authorized by the practitioner, to the
dispensing pharmacy by facsimile. Within 72 hours, the prescribing practitioner shall cause to be
delivered to the pharmacist the original official New York State prescription. If the pharmacist
fails to receive such prescription, he/she shall notify the Department in writing within 7 days
from the date of dispensing the substance.
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Part 80: Rules and Regulations on Controlled Substances in NYS
(g) When an official New York State prescription prepared by a practitioner is incomplete, the
practitioner may orally furnish the missing information to the pharmacist and authorize him or
her to enter such information on the prescription. The pharmacist shall write the date he or she
received the oral authorization on the prescription and shall affix his or her signature. This
procedure shall not apply to unsigned or undated prescriptions or where the name and/or quantity
of the controlled substance is not specified or where the name of the ultimate user is missing.
The pharmacist is not required to obtain authorization from the practitioner to enter the patient's
address, sex or age if the pharmacist obtains this information through a good-faith effort.
(h) A practitioner may orally authorize a pharmacist to change information on an official New
York State prescription form. This procedure shall not apply to the practitioner's signature, date
the prescription was signed by the practitioner, drug name or name of the ultimate user. The
pharmacist shall write the date he or she received the oral authorization on the prescription, the
reason for the change and his or her signature. The pharmacist shall also indicate the change on
the prescription and initial the change.
Volume: A-1a
63
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 11/26/2008
Title: Section 80.68 - Emergency oral prescriptions for schedule II substances and certain other
controlled substances
80.68 Emergency oral prescriptions for schedule II substances and certain other controlled
substances.
(a) In an emergency, a practitioner may orally prescribe and a pharmacist may dispense, to an
ultimate user, controlled substances in schedule II and those controlled substances listed in
section 80.67 of this Part; provided, however, the pharmacist shall:
(1) contemporaneously reduce such prescription to writing;
(2) dispense the substance in conformity with the labeling requirements applicable to the type of
prescription which would be required but for the emergency; 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 if the substance were used in accordance with the directions for use.
(c) Within 72 hours after authorizing an emergency oral prescription, the prescribing practitioner
shall cause to be delivered to the pharmacist the official New York State prescription. Such
prescription shall, in addition to the information otherwise required, also have written or typed
upon its face the words: "Authorization for emergency dispensing." If the pharmacist fails to
receive such prescription, he shall notify the department in writing within seven days from the
date of dispensing the substance.
(d)(1) The pharmacist filling the prescription shall endorse upon the prescription the date of
delivery, and his/her signature.
(2) The endorsed prescription shall be retained by the proprietor of the pharmacy for a period of
five years. The prescription information shall be filed electronically with the Bureau of Narcotic
Enforcement, utilizing a transmission format acceptable to the Department, not later than the
15th day of the next month following the month in which the substance was delivered. The
information filed with the department shall include but not be limited to:
(i) pharmacy prescription number;
(ii) pharmacy's National Identification Number;
(iii) patient name;
(iv) patient address, including street, city, state, zip code;
(v) patient date of birth;
(vi) patient’s sex;
(vii) date prescription filled;
(viii) metric quantity;
(ix) national drug code number of the drug;
(x) number of days supply;
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Part 80: Rules and Regulations on Controlled Substances in NYS
(xi) prescriber's Drug Enforcement Administration (DEA) number;
(xii) date prescription written;
(xiii) serial number of official prescription form or an identifier designated by the department;
and
(xiv) payment method.
(e) Emergency means that the immediate administration of the drug is necessary for proper
treatment, that no alternative treatment is available and it is not possible for the practitioner to
provide an official prescription for the drug at the time.
Volume: A-1a
65
Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 11/26/2008
Title: Section 80.69 - Schedule III, IV and V substances
80.69 Schedule III, IV and V substances. (a) In addition to the requirements set forth in sections
80.67 and 80.70 of this Part, substances in schedule III, IV or V shall be prescribed by a
practitioner only on an official New York State prescription, in good faith, and in the course of
his/her professional practice.
(b) The prescription shall contain the following:
(1) name, address and age of the ultimate user for whom the substance is intended, or, if the
ultimate user is an animal, the species of such animal and the name and address of the owner or
person in custody of such animal;
(2) printed name, address, Drug Enforcement Administration registration number, telephone
number and handwritten signature of the prescribing practitioner. The printed name of the
prescriber who has signed the prescription shall be imprinted or stamped legibly and
conspicuously on the prescription, shall appear in an appropriate location on the prescription
form and shall not be entered in or upon the space or line reserved for the prescriber's signature.
The imprinted or stamped name shall not be a substitute for or fulfill any legal requirement
otherwise mandating that the prescription be signed by the prescriber;
(3) specific directions for use, including but not limited to the dosage and the maximum daily
dosage;
(4) the date upon which such prescription was actually signed by the prescribing practitioner. A
prescription shall be dated as of, and signed on, the date when issued; and
(5) the quantity of dosage units prescribed and the number of times that the prescription may be
refilled indicated in both numerical and written word form.
(c) Except as provided in subdivision (d) of this section, no such prescription shall be made for a
quantity of substances which would exceed a 30-day supply if the substance were used in
accordance with the directions for use, as specified on the prescription. No additional
prescriptions for a controlled substance may be issued by a practitioner to an ultimate user within
30 days of the date of any prescription previously issued unless and until the ultimate user has
exhausted all but a seven days' supply of that controlled substance provided by any previously
issued prescription.
(d)(1) A practitioner may issue a prescription for up to a three month supply of a controlled
substance if used in accordance with the directions for use, provided that the prescription has
been issued for the treatment of:
(i) panic disorders, designated as code A;
(ii) attention deficit disorder, designated as code B;
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Part 80: Rules and Regulations on Controlled Substances in NYS
(iii) chronic debilitating neurological conditions characterized as a movement disorder or
exhibiting seizure, convulsive or spasm activity, designated as code C;
(iv) relief of pain in patients suffering from conditions or diseases known to be chronic or
incurable, designated as code D;
(v) narcolepsy, designated as code E; or
(vi) hormone deficiency states in males, gynecologic conditions that are responsive to treatment
with anabolic steroids or chorionic gonadotropin, metastatic breast cancer in women, anemia and
angioedema, designated as code F.
(2) Such prescription shall specify the condition being treated on the face of the prescription. The
practitioner issuing such prescription shall either:
(i) specify the name of such condition on the face of the prescription; or
(ii) specify a code on the prescription to denote the condition for which the prescription has been
issued, in accordance with codes issued by the department.
(3) Either the name of the condition or one of the designated codes shall fulfill the requirement
in:
(i) section 3332(3) of the Public Health Law for the specific condition to be given on the face of
the prescription; and
(ii) section 3333(1) of the Public Health Law for the statement that the controlled substance has
been prescribed to treat one of the conditions that have been enumerated by the regulations of the
commissioner as warranting the prescribing of greater than a 30 days' supply of a controlled
substance.
(e) Such official New York State prescription for a patient enrolled in a hospice program or for a
patient residing in a Residential Health Care Facililty (RHCF) may be transmitted by the
practitioner, or a person authorized by the practitioner, to the dispensing pharmacy by facsimile,
provided;
(1) The hospice program or RHCF is licensed or approved by the Department;
(2) The dispensing pharmacy has a written agreement or contract with the hospice program or
“RHCF” to dispense controlled substances to a patient of such program or facility;
(3) The practitioner shall note on the prescription that the patient is a “hospice patient” or
“RHCF patient”; and
(4) Within 72 hours, the prescribing practitioner shall cause to be delivered to the pharmacist the
original official New York State prescription. If the pharmacist fails to receive such prescription,
he/she shall notify the Department in writing within 7 days from the date of dispensing the
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Part 80: Rules and Regulations on Controlled Substances in NYS
substance.
(f) An official New York State prescription for a Schedule III, IV, or V controlled substance to
be compounded for the direct administration to a patient by parenteral, intravenous,
intramuscular, subcutaneous or intraspinal infusion may be transmitted by the practitioner, or a
person authorized by the practitioner, to the dispensing pharmacy by facsimile. Within 72 hours,
the prescribing practitioner shall cause to be delivered to the pharmacist the original official New
York State prescription. If the pharmacist fails to receive such prescription, he/she shall notify
the Department in writing within 7 days from the date of dispensing the substance.
(g) Such official prescription may be refilled, but not more than the number of times specifically
authorized by the prescriber upon the prescription; provided, however, no such authorization
shall be effective for longer than six months from the date the prescription is signed and that not
more than five refills are made. When the initial prescription is written for a quantity of
substance in excess of a 30-day supply under the authority of subdivision (c) of this section, the
prescription may only be refilled once.
(h) Unless an earlier refilling is authorized by the prescriber, no prescription shall be refilled
earlier than seven days prior to the date the previously dispensed supply would be exhausted if
used in conformity with the directions for use.
(i) On refills the dispensing pharmacist shall indicate on the prescription the amount dispensed,
the date dispensed, and the signature of the dispensing pharmacist.
(j) Prescriptions which indicate pharmacy prescription numbers only of prior controlled
substances prescriptions are not valid and shall not be refilled.
(k) Upon expiration of the authorization of the prescription to be refilled or the six-month
limitation of the prescription, the practitioner shall execute a new prescription if he desires the
medication to be continued.
(l) When a prescription prepared by a practitioner is incomplete, the practitioner may orally
furnish the missing information to the pharmacist and authorize him or her to enter the missing
information on the prescription. The pharmacist shall write the date he or she received the oral
authorization on the prescription and shall affix his or her signature. This procedure shall not
apply to unsigned or undated prescriptions or where the name and/or quantity of the controlled
substances is not specified or where the name of the ultimate user is missing. The pharmacist is
not required to obtain authorization from the practitioner to enter the patient's address, sex or age
if the pharmacist obtains the information through a good-faith effort.
(m) A practitioner may orally authorize a pharmacist to change information on a controlled
substance prescription. This procedure shall not apply to the practitioner's signature, date the
prescription was signed by the practitioner, drug name or name of the ultimate user. The
pharmacist shall write the date he or she received the oral authorization on the prescription,
reason for the change and his or her signature. The pharmacist shall also indicate the change on
the prescription and initial the change.
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Effective Date: 11/26/2008
Title: Section 80.70 - Oral prescriptions for schedule III, IV and V substances
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 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. 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 an official New York State prescription. If the pharmacist
fails to receive such prescription, he shall record on the memorandum for said oral prescription
this notation: "Official prescription not received", the name of the pharmacist and the date of the
recording.
(d) Official follow-up prescriptions from prescribers for schedule III, IV and V controlled
substances shall be attached to the corresponding oral orders, and shall be filed in the schedule
III, IV and V controlled substances file.
(e) The pharmacist receiving such official 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 ...................."
(f) The prescription information shall be filed with the department in accordance with section
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80.73(f) of this Part.
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Effective Date: 11/26/2008
Title: Section 80.71 - Practitioners; dispensing controlled substances
80.71 Practitioner; dispensing controlled substances.
(a) Practitioners, in good faith and in the course of their professional practice only, and as limited
in this Part may dispense controlled substances.
(b) Except as provided in subdivision (c) of this section, the quantity of substances dispensed
may not exceed a 30-day supply if the substances were used in accordance with the directions for
use. No additional dispensing of a controlled substance may be made by a practitioner to an
ultimate user within 30 days of the date of the previous dispensing unless and until the ultimate
user has exhausted all but a seven days' supply of that controlled substance previously dispensed.
(c)(1) A practitioner may dispense up to a three month supply of a controlled substance,
including chorionic gonadotropin, or up to a six month supply of an anabolic steroid if used in
accordance with the directions for use, provided that such supply has been dispensed for the
treatment of a condition specified in section 80.67(d) and 80.69(d) of this Part.
(d) No controlled substance shall be dispensed unless it is enclosed within a suitable and durable
container upon which is indelibly typed, printed or otherwise legibly written upon an orange
label affixed to such container, in a manner which would inhibit its removal, the following:
(1) 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
having custody of such animal;
(2) name, address and telephone number of the dispensing practitioner;
(3) specific directions for use, including but not limited to the dosage and frequency of dosage,
and the maximum daily dosage;
(4) the legend, prominently marked or printed in either boldface or upper case lettering:
"CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS DIRECTED";
(5) the date of dispensing; and
(6) either the name of the substance or such code number assigned by the department for the
particular substance pursuant to section 80.24 of this Part.
(e) The practitioner shall submit dispensing information, for all controlled substances dispensed,
electronically to the department utilizing a transmission format acceptable to the department by
not later than the 15th day of the next month following the month in which the substance was
delivered. The information filed with the department shall include but not be limited to:
(1) practitioner identifier;
(2) patient name;
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(3) patient address, including street, city, state, ZIP code;
(4) patient date of birth;
(5) patient’s sex;
(6) date controlled substance dispensed;
(7) metric quantity;
(8) national drug code number of the drug;
(9) number of days supply;
(10) prescriber's Drug Enforcement Administration (DEA) number; and
(11) payment method.
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Effective Date: 11/26/2008
Title: Section 80.72 - Issuance of official New York State prescription forms
80.72 Issuance of official New York State prescription forms. (a) A practitioner shall register
with the department to be issued official New York State prescription forms. The registration
application shall include, but not be limited to, the requesting practitioner's name, specialty,
primary address and other practice site address(s), number of prescriptions requested, the Federal
registration number or exemption certificate, the State professional practice license number, and
shall be signed by the requesting practitioner.
(b) A practitioner's registration shall be without fee and subject to approval by the department.
Such registration shall be valid for a period of two years.
(c) A practitioner registered to be issued official prescription forms shall order such forms in the
manner required by the department.
(1) The number of prescriptions requested by practitioners shall be subject to approval by the
department and shall be issued free of charge in the manner and quantity approved by the
department.
(2) The address of the practitioner to which the forms shall be sent shall be the address of a
registered practitioner's Federal Drug Enforcement Administration (DEA) registration.
(3) The commissioner may specify that such forms or series of forms shall be valid for a limited
period of time and may be cancelled by the commissioner by giving notice to the practitioner.
(d) The commissioner may revoke, cancel or withhold official New York State prescription
forms for prescribing controlled substances upon a finding of willful failure to comply with the
Public Health Law or this Title. Notice of such finding shall specify that a formal hearing
pursuant to the provisions of the Public Health Law may be granted, provided such person shall
request the hearing within five days after receipt of the notice.
(e) Official New York State prescription forms of practitioners who are deceased or who no
longer prescribe controlled substances shall be returned to the Bureau of Narcotic Enforcement,
NYS Department of Health, Corning Tower, The Governor Nelson A. Rockefeller Empire State
Plaza, Albany, NY 12237, or an authorized narcotic enforcement representative of the
department, by the practitioner or, if the practitioner is deceased, by the next of kin of the
practitioner or, if the next of kin is unable to obtain the prescription forms, by a representative of
the estate of the practitioner.
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Effective Date: 11/26/2008
Title: Section 80.73 - Pharmacists; dispensing schedule II substances and certain other controlled
substances
80.73 Pharmacists; dispensing schedule II substances and certain other contolled substances. (a)
A licensed, registered pharmacist, or a pharmacy intern acting in conformity with the provisions
of section 6806 of the Education Law and regulations thereunder in a registered pharmacy, may,
in good faith and in the course of his/her professional practice, sell and dispense to an ultimate
user schedule II controlled substances or those schedule III or schedule IV controlled substances
listed in section 80.67(a) of this Part, provided they are dispensed pursuant to an official New
York State prescription, delivered within 30 days of the date such prescription was signed by the
authorized practitioner or an oral prescription where permitted.
(b) No such substance shall be dispensed or sold unless it is enclosed within a suitable and
durable container to which is affixed, in such a manner which would inhibit its removal, an
orange label upon which is indelibly typed, printed or otherwise legibly written:
(1) 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 having custody of such animal;
(2) the name, address and telephone number of the pharmacy from which such substance is
dispensed;
(3) specific directions for use as stated on the prescription;
(4) the name of the prescribing practitioner;
(5) the legend, prominently marked or printed in either boldface or upper case lettering:
"CONTROLLED SUBSTANCE, DANGEROUS UNLESS USED AS DIRECTED";
(6) the number of the prescription under which it is recorded in the pharmacy prescription file;
(7) the date of filling; and
(8) the name of the controlled substance or such code number assigned by the department for the
particular substance pursuant to section 80.24 of this Part.
(c) A licensed, registered pharmacist in a registered pharmacy may, in good faith and in the
course of his/her professional practice, sell and dispense, to an ultimate user, controlled
substances for which an official New York State prescription is required upon the delivery to
such pharmacist, within 30 days of the date such prescription was signed by an authorized
practitioner, an official New York State prescription transmitted by facsimile in accordance with
subdivision (e) or subdivision (f) of section 80.67 of this Part.
(d) The pharmacist filling the prescription shall endorse upon the official New York State
prescription his/her signature, the date of filling, and the number of the prescription under which
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it is recorded in the pharmacy prescription file.
(e) A pharmacy shall make a good faith effort to verify the identity of any person accepting
delivery of a dispensed prescription for a controlled substance by requiring such person, if
unknown to the pharmacy, to present appropriate identification.
(f) The endorsed official New York State prescription shall be retained by the proprietor of the
pharmacy for a period of five years. The prescription information shall be filed electronically
with the Bureau of Narcotic Enforcement, utilizing a transmission format acceptable to the
department, not later than the 15th day of the next month following the month in which the
substance was delivered. The information filed with the department shall include but not be
limited to:
(1) pharmacy prescription number;
(2) pharmacy's national identification number;
(3) patient name;
(4) patient address, including street, city, state, ZIP code;
(5) patient date of birth;
(6) patient's sex;
(7) date prescription filled;
(8) metric quantity;
(9) national drug code number of the drug;
(10) number of days supply;
(11) prescriber’s Drug Enforcement Administration number;
(12) date prescription written; and
(13) serial number of official prescription form, or an identifier designated by the department
(14) payment method;
(15) number of refills authorized; and
(16) refill number.
(g) Emergency oral prescriptions for schedule II controlled substances or those schedule III or
schedule IV controlled substances listed in section 80.67(a) of this Part may be dispensed by a
pharmacist to an ultimate user in an emergency situation, provided the pharmacist shall:
(1) contemporaneously reduce such prescriptions to written memoranda and shall indicate on
such memoranda the name and address of the prescriber and his/her Drug Enforcement
Administration registration number, name and address of the ultimate user, date on which it is
ordered, name and quantity of drugs prescribed, directions for use and the fact that it is a
telephone order. The memoranda for such emergency oral prescription shall be filed in the same
manner as is otherwise required for such prescription. The pharmacist filling such oral orders
shall indicate on the face of such telephone order his/her signature, the date filled and the number
of the prescription under which it is recorded in the pharmacy prescription file;
(2) dispense the substance in conformity with labeling requirements applicable to the type of
prescription which would be required but for the emergency; and
(3) make a good-faith effort to verify the identity of both the practitioner and the ultimate user.
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(h) No emergency oral prescription shall be filled for a quantity of controlled substances which
would exceed a five-day supply if the substance were used in accordance with the directions for
use.
(i) Within 72 hours after authorizing an emergency oral prescription, the prescribing practitioner
shall cause to be delivered to the pharmacist an official New York State prescription. Such
prescription shall, in addition to the information otherwise required, also have written or typed
upon its face the words: "Authorization for emergency dispensing". If the pharmacist fails to
receive such prescription, he/she shall notify the department in writing within seven days from
the date of dispensing the substance.
(j) Within 72 hours after transmitting a prescription to a pharmacist by facsimile in accordance
with subdivision (e) or (f) of section 80.67 of this Part, the prescribing practitioner shall cause to
be delivered to the pharmacist the original official New York State prescription. If the
pharmacist fails to receive such prescription, he/she shall notify the Department in writing within
7 days from the date of dispensing the substance.
(k) Such official New York State prescriptions shall be endorsed, retained and filed in the same
manner as is otherwise required for such prescriptions. The original written follow-up
prescriptions shall be attached to the corresponding memoranda of oral or telephone orders or to
prescriptions transmitted by facsimile. The information required in section 80.68(d)(2) shall be
filed electronically with the New York State Department of Health, not later than the 15th day of
the next month following the month in which the substance was delivered. The pharmacy must
submit this information electronically to the department utilizing a transmission format
acceptable to the department.
(l) A pharmacist may partially fill an official New York State prescription for a schedule II
controlled substance or those schedule III or schedule IV controlled substances listed in section
80.67(a) of this Part provided that:
(1) the pharmacist does not have a sufficient quantity to fill an emergency oral or official
prescription and he/she makes a notation of the quantity supplied on the prescription (or written
record of the emergency oral prescription). The remaining portion of the prescription may be
filled within 72 hours of the first partial filling. However, if the remaining portion is not or
cannot be filled with the 72-hour period, the pharmacist shall so notify the prescribing
practitioner. No further quantity may be supplied beyond 72 hours without a new prescription; or
(2) the patient is a resident in a Residential Health Care Facility ("RHCF") which is licensed or
approved by the department; or
(3) the patient has been diagnosed as being terminally ill.
(4) when such an official New York State prescription is partially filled in accordance with
paragraphs (2) or (3) of this subdivision, the pharmacist shall:
(i) record on the prescription whether the patient is "terminally ill" or is a "RHCF patient"; and
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(ii) record on the prescription the date of the partial filling, quantity dispensed, quantity
remaining and the signature of the dispensing pharmacist.
(5) The official New York State prescription shall be valid for a period not to exceed 30 days
from the date the prescription was issued by the practitioner unless terminated sooner upon
notification from the practitioner of the discontinuance of medication. All partial fillings filled
under subdivision (1) of this section must occur within 30 days from the date the prescription
was issued, except that partial fillings of prescriptions issued for more than a 30 day supply for
patients residing in a residential healthcare facility or for patients enrolled in a hospice program
that is licensed or approved by the Department must occur within 60 days from the date the
prescription was issued.
(6) The date of filling on the prescription shall be the date when the prescription has been filled
to completion or the date when the pharmacy is notified by the practitioner that the prescription
has been discontinued.
(m) When an official New York State prescription prepared by a practitioner is incomplete, the
practitioner may orally furnish the missing information to the pharmacist and authorize him or
her to enter such information on the prescription. The pharmacist shall write the date he or she
received the oral authorization on the prescription and shall affix his or her signature. This
procedure shall not apply to unsigned or undated prescriptions or where the name and/or quantity
of the controlled substance is not specified or where the name of the ultimate user is missing.
The pharmacist is not required to obtain authorization from the practitioner to enter the patient's
address, sex or age if the pharmacist obtains this information through a good-faith effort.
(n) A practitioner may orally authorize a pharmacist to change information on an official New
York State prescription. This procedure shall not apply to the practitioner's signature, date the
prescription was signed by the practitioner, drug name or name of the ultimate user. The
pharmacist shall write the date he or she received the oral authorization on the prescription,
reason for the change and his or her signature. The pharmacist shall also indicate the change on
the prescription and initial the change.
Volume: A-1a
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 11/26/2008
Title: Section 80.74 - Pharmacists; dispensing schedule III, IV and V controlled substances
80.74 Pharmacists; dispensing schedule III, IV and V controlled substances. (a) Except as
provided in sections 80.67 and 80.73 of this Part, a licensed, registered pharmacist, or a
pharmacy intern acting in conformity with the provisions of section 6808 of the Education Law,
and regulations thereunder, in a registered pharmacy may, in good faith and in the course of his
professional practice, dispense to an ultimate user, controlled substances in schedule III, IV or V
provided they are dispensed pursuant to an official New York State prescription presented within
30 days of the date such prescription was signed by an authorized practitioner.
(b) Such substances may be dispensed only if packaged and labeled in conformity with
provisions set forth in section 80.73(b) of this Part.
(c) A licensed, registered pharmacist in a registered pharmacy may, in good faith and in the
course of his/her professional practice, sell and dispense, to an ultimate user, controlled
substances for which an official New York State prescription is required upon the delivery to
such pharmacist, within 30 days of the date such prescription was signed by an authorized
practitioner, an official New York State prescription transmitted by facsimile in accordance with
subdivision (e) or (f) of section 80.69 of this Part.
(d) Within 72 hours after transmitting a prescription to a pharmacist by facsimile in accordance
with subdivision (e) or (f) of section 80.69 of this Part, the prescribing practitioner shall cause to
be delivered to the pharmacist the original official New York State prescription. Such original
prescription shall be attached to the official prescription transmitted by facsimile. If the
pharmacist fails to receive such original official prescription, he/she shall notify the Department
in writing within 7 days from the date of dispensing the substance.
(e) The pharmacist filling the official prescription shall endorse on such prescription his/her
signature, the date of filling, and the number of the prescription under which it is recorded in the
pharmacy prescription file. Such endorsed prescription shall be retained by the proprietor of the
pharmacy for a period of five years. Prescription information from the filling of such prescription
shall be filed with the department in accordance with section 80.73(f) of this Part.
(f) A pharmacy shall make a good faith effort to verify the identity of any person accepting
delivery of a dispensed prescription for a controlled substance by requiring such person, if
unknown to the pharmacy, to present appropriate identification.
(g) When a prescription prepared by a practitioner is incomplete, the practitioner may orally
furnish the missing information to the pharmacist and authorize him to enter the missing
information on the prescription. The pharmacist shall write the date he or she received the oral
authorization on the prescription and shall affix his or her signature. This procedure shall not
apply to unsigned or undated prescriptions or where the name and/or quantity of the controlled
substance is not specified or where the name of the ultimate user is missing. The pharmacist is
not required to obtain authorization from the practitioner to enter the patient's address, sex or age
if the pharmacist obtains this information through a good-faith effort.
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(h) A practitioner may orally authorize a pharmacist to change information on a controlled
substance prescription. This procedure shall not apply to the practitioner's signature, date the
prescription was signed by the practitioner, drug name or name of the ultimate user. The
pharmacist shall write the date he or she received the oral authorization on the prescription,
reason for the change and his or her signature. The pharmacist shall also indicate the change on
the face of the prescription and initial the change.
(i) Except as provided in sections 80.67 and 80.73 of this Part, a pharmacist may partially fill a
prescription for a controlled substance provided that:
(1) each partial filling is recorded in the same manner as a refill;
(2) the total quantity dispensed does not exceed the total quantity prescribed for a 30 day period.
Volume: A-1a
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 11/26/2008
Title: Section 80.75 - Institutional dispensers
80.75 Institutional dispensers. (a) Institutional dispensers licensed by the department may cause
controlled substances to be administered or dispensed for use on the premises only pursuant to a
written order by a practitioner for such medication. An official New York State prescription is
not required for inpatient use. In an emergency situation in which a physician determines that it
is necessary to transfer a critically ill patient from one hospital to an alternative medical facility,
an institutional dispenser may cause a single dose of a controlled substance to be dispensed to the
medical attendant accompanying the patient if the duration of the transfer may reasonably be
expected to exceed three hours.
(b) An institutional dispenser may dispense controlled substances for use off its premises only
pursuant to a prescription issued by a practitioner. All such prescriptions for outpatient use shall
be filled only in a hospital pharmacy or other registered pharmacy. However, a practitioner in the
emergency room of a hospital without a full-time pharmacy and when the services of a registered
pharmacy are not available may dispense controlled substances to a patient in an emergency
situation. For the purposes of this subdivision, an emergency means that the immediate
dispensing of the controlled substance is necessary and no alternative treatment is available. The
practitioner may dispense no more than a 24-hour supply in accordance with directions for use
and must conform with the applicable labeling requirements of section 80.71 of this Part.
(c) Official New York State prescription forms are available for use by institutional dispensers.
Institutional dispensers shall register with the department to be issued official prescriptions.
(1) The registration application for an institutional dispenser shall include but not be limited to
the requesting institution's name, primary or other practice site address(s), the Federal
registration number or exemption certificate, where applicable, a State agency license number, if
applicable, and shall be signed by a person authorized by the institution to request such forms.
(2) An institutional dispenser's registration shall be without fee and subject to approval by the
department. Such registration shall be valid for a period of two years.
(3) An institutional dispenser registered to be issued official prescription forms shall order such
forms in the manner required by the Department. The number of prescriptions requested by the
institution shall be subject to approval by the Department and shall be issued free of charge in
the manner and quantity approved by the Department.
(4) Official prescriptions forms shall be sent to the institutional dispenser's primary address.
Primary address is the address of a registered institution's Federal Drug Enforcement
Administration (DEA) registration or, if such facility is not required to be registered with DEA,
an address designated as the primary address in the facility's registration with the department.
(d) Staff practitioners are required to use such forms to prescribe controlled substances for
outpatient use, indicating the practitioner's Drug Enforcement Administration registration
number on the form.
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(e) Interns or residents are required to use the Drug Enforcement Administration registration
number of the institution and the code number assigned by the institution for such purpose. Any
physician who is an intern, resident or foreign physician may dispense and prescribe controlled
substances under the registration of the hospital or other institution which is registered and by
whom the physician is employed provided that:
(1) the dispensing or prescribing is in the usual course of his professional practice;
(2) the physician is authorized or permitted to do so by the laws of New York State;
(3) the hospital or institution has determined that the physician is permitted to dispense or
prescribe drugs in New York State;
(4) the physician acts only within the scope of his employment in the hospital or institution; and
(5) the hospital or institution authorizes the intern, resident, or foreign physician to dispense or
prescribe under its registration number and assigns a specific code number for each physician so
authorized.
(f) It is the responsibility of the dispensing institution to obtain all official prescriptions for
outpatient use and to assign such prescriptions to staff practitioners and interns and to insure the
security of all such official prescriptions. Institutions obtaining official New York State
prescriptions shall establish a system of control and security which will include the following:
(1) A record of all such prescriptions received.
(2) A record of all such prescriptions assigned to staff practitioners.
(3) A system requiring that such prescriptions be kept under lock and key when not in use.
(4) A system whereby official prescriptions are surrendered to the institution if the practitioner to
whom they were assigned terminates his affiliation with the institution.
(5) A system whereby the Bureau of Narcotic Enforcement, New York State Department of
Health, is notified immediately of the loss, destruction or theft of any such official prescriptions
assigned to the institution.
(6) A system whereby the institution has a sufficient number of official prescriptions in reserve
for use by the institution.
(g) Staff practitioners, interns, residents, or foreign physicians who are authorized to dispense or
prescribe controlled substances in a hospital or other institution and use the institution's official
New York State prescription forms or other hospital or institutional forms must conform to the
requirements of sections 80.67, 80.69 and 80.71 of this Part.
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Effective Date:
Title: Section 80.76 - Dispensing; prohibition
80.76 Dispensing; prohibition. Controlled substances shall not be prescribed for, administered or
dispensed to addicts or habitual users of controlled substances except as provided by the Public
Health Law or this Part.
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Effective Date:
Title: Section 80.77 - Practitioners; control and reporting of official New York State prescription
forms
80.77 Practitioners; control and reporting of official New York State prescription forms. (a)
Adequate safeguards and security measures shall be undertaken by practitioners holding official
New York State prescription forms to assure against the loss, destruction, theft or unauthorized
use of the forms. Practitioners shall maintain a record of the disposition of all forms, including
but not limited to use as a prescription, cancellation, return, loss, destruction, unauthorized use
and nonreceipt. The forms may be used only by the practitioner to whom they are issued and are
not transferable.
(b) Practitioners shall immediately notify the department, upon forms supplied by the
department, of the loss, destruction, theft or unauthorized use of any official New York State
prescription forms issued to them, as well as the failure to receive official New York State
prescription forms within a reasonable time after ordering them from the department.
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Effective Date: 11/26/2008
Title: Section 80.78 - Pharmacists; dispensing out-of-state prescriptions; schedule II, III, IV and
V controlled substances
80.78 Pharmacists; dispensing out-of-state prescriptions; schedule II, III, IV and V controlled
substances. (a) A licensed, registered pharmacist, or a pharmacy intern acting in conformity with
the provisions of section 6808 of the Education Law, and regulations thereunder, in a registered
pharmacy may, in good faith and in the course of his/her professional practice, dispense to an
ultimate user, controlled substances in schedule II, III, IV and V upon delivery to such
pharmacist of an out-of-state prescription within 30 days of the date such prescription was signed
by an authorized practitioner.
(b) Such prescription shall have been written with ink, indelible pencil, typewriter, or by other
electronic means approved by the department, and shall be signed by the practitioner. The
prescription shall contain the following:
(1) name, sex, address and age of the ultimate user for whom the substance is intended, or, if the
ultimate user is an animal, the species of such animal and the name and address of the owner or
person in custody of such animal;
(2) the printed name, address, Drug Enforcement Administration registration number, telephone
number and handwritten signature of the prescribing practitioner;
(3) specific directions for use, including, but not limited to, the dosage and frequency of dosage;
(4) the date upon which such prescription was prepared and actually signed by the prescribing
practitioner. The prescription shall have been dated as of, and signed on, the date it is issued.
(c) Out-of-state prescriptions shall be dispensed in conformity with provisions set forth in this
Part for official prescriptions. Prescription information from the original filling of all out-of-state
prescriptions for a controlled substance shall be filed with the department in accordance with
section 80.73(f) of this Part.
(d) Pharmacies shall file out-of-state prescriptions for a controlled substance in the same manner
as otherwise required by this Part for official prescriptions.
Volume: A-1a
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Effective Date: 11/26/2008
Title: Section 80.84 - Physicians and pharmacies; prescribing, administering and dispensing for
the treatment of narcotic addiction
80.84 Physicians and pharmacies; prescribing, administering and dispensing for the treatment of
narcotic addiction.
Pursuant to the provisions of the federal Drug Addiction Treatment Act of 2000 (106 P.L. 310,
Div. B, Title XXXV, Section 3502(a)), an authorized physician may prescribe, administer or
dispense an approved controlled substance, and a licensed registered pharmacist may dispense an
approved controlled substance, to a patient participating in an authorized controlled substance
maintenance program approved pursuant to Article 32 of the Mental Hygiene Law for the
treatment of narcotic addiction.
(a) An approved controlled substance shall mean the following controlled substance which has
been approved by the Food and Drug Administration (FDA) and the New York State Department
of Health for the treatment of narcotic addiction:
(1) buprenorphine
(b) An authorized physician is a physician specifically registered with the Drug Enforcement
Administration to prescribe, administer or dispense an approved controlled substance for the
treatment of narcotic addiction, and approved for such purpose pursuant to the provisions of
Article 32 of the Mental Hygiene Law.
(1) The total number of such patients of an authorized physician at any one time shall not exceed
30.
(2) An authorized physician prescribing an approved controlled substance for the treatment of
narcotic addiction, in addition to preparing and signing an official New York State prescription
in accordance with Section 3332 of the Public Health Law and Section 80.69 of this Part, shall
also write his/her unique DEA identification number on the prescription.
(c) A pharmacist may dispense an approved controlled substance for the treatment of narcotic
addiction pursuant to a prescription issued by an authorized physician. Such dispensing shall be
in accordance with Section 3333 of the Public Health Law and Section 80.74 of this Part.
Volume: A-1a
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Effective Date:
Title: Section 80.85 - Administration of controlled substances to addicts and habitual users
DISPENSING TO ADDICTS AND HABITUAL USERS, AND TREATMENT PROGRAMS
80.85 Administration of controlled substances to addicts and habitual users. (a) The
administration of controlled substances to narcotic addicts or habitual users of controlled
substances is prohibited except as provided for in this Part.
(b) Controlled substances may be administered to narcotic addicts or habitual users of controlled
substances upon the order of a person authorized by law to practice medicine or osteopathy in
this State and who possesses a Federal registration by the Drug Enforcement Administration,
United States Department of Justice, authorizing him to use controlled substances in connection
with his professional practice as follows:
(1) for bona fide patients suffering from disease known to be incurable, such as cancer, advanced
tuberculosis, and other diseases well recognized as coming within this class;
(2) for addicts who are aged and infirm, or severely ill and it is determined that withdrawal of
controlled substances would be dangerous to life, provided that:
(i) such determination has been confirmed by adequate consultation;
(ii) complete records of treatment, administration or dispensing of controlled substances
including patient's name, date and type and quantity of controlled substance administered or
dispensed are kept;
(iii) adequate safeguards have been taken against diversion of the controlled substances from the
intended use; and
(iv) the patient is carefully supervised;
(3) to relieve acute withdrawal symptoms, except that:
(i) only the amount of controlled substances essential for relief of such acute symptoms shall be
administered; and
(ii) administration shall be in an institutional or other setting reasonably certain to provide a
drug-free environment;
(4) for detoxification of an addict participating in an authorized treatment program approved
pursuant to article 23 of the Mental Hygiene Law; and
(5) for treatment of addicts participating in an authorized methadone or other controlled
substances maintenance program approved pursuant to article 23 of the Mental Hygiene Law.
(c) In properly verified cases of severe illness, infirmity, or physical disability, a licensed
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physician, registered nurse, licensed practical nurse, or registered pharmacist may deliver
medication to the patient.
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Effective Date: 09/01/2004
Title: Section 80.86 - Records and reports of treatment programs
80.86 Records and reports of treatment programs. (a) All persons approved pursuant to article 32
of the Mental Hygiene Law to operate a chemical dependence program, other than authorized
physicians and pharmacists as defined in Section 80.84 of this Part who are registered with the
department to prescribe, administer or dispense approved controlled substances for the treatment
of narcotic addiction, and who possess a Federal registration by the Drug Enforcement
Administration, United States Department of Justice to purchase, possess and use controlled
substances shall keep the following records:
(1) records of controlled substances received by approved persons including date of receipt,
name and address of distributor, type and quantity of such drugs received and the signature of the
individual receiving the controlled substance. A duplicate invoice or separate itemized list
furnished by the distributor will be sufficient to satisfy this record requirement provided it
includes all required information and is maintained in a separate file. In addition, duplicate
copies of Federal order forms for schedule II controlled substances must be retained; and
(2) records of controlled substances administered or dispensed including date of administration
or dispensing, name of patient, signature of person administering or dispensing, type and
quantity of drug and such other information as may be required by this Part.
(b) By the 10th day of each month, a person other than an authorized physician as defined in
Section 80.84(b) of this Part, approved to conduct a maintenance program pursuant to article 32
of the Mental Hygiene Law shall file with the department a report summarizing its controlled
substances activity in the preceding month. Such a report shall be on forms provided by the
department and shall include:
(1) an inventory of the quantity of controlled substances on hand at the commencement and at
the conclusion of such month's activity;
(2) the date of the inventory;
(3) the signature of the persons performing the inventory;
(4) the total quantity of controlled substances received, the distributor from whom each order
was received, and the form and dosage unit in which such substance was received;
(5) a separate listing of the total quantity of controlled substances prescribed, dispensed and
administered during such month;
(6) total quantity of methadone surrendered to the department for destruction;
(7) total number of patients treated during the month; and
(8) each incident or alleged incident involving the theft, loss or possible diversion of controlled
substances.
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(c) Each incident or alleged incident involving the theft, loss or possible diversion of controlled
substances shall also be reported to the department immediately.
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Effective Date:
Title: Section 80.100 - General requirements
REPORTS AND RECORDS
80.100 General requirements. (a) Records of all transactions concerning controlled substances
required to be kept by manufacturers, distributors, importers, exporters, institutional dispensers,
persons conducting research, instructional, analytical or maintenance treatment programs,
pharmacies and practitioners shall be kept for a period of five years from the date of transaction.
(b) Records, orders and prescriptions required by this Part or article 33 of the Public Health Law,
shall be readily available and promptly produced for inspection and copying upon request by
authorized representatives of the Bureau of Narcotic Control, New York State Department of
Health.
(c) Records, orders and prescriptions required by this Part or provisions of article 33 of the
Public Health Law shall be maintained at the premises where the licensed activity is conducted.
(d) Records, orders and prescriptions required to be maintained by this Part or article 33 of the
Public Health Law and which may be required as evidence of a violation in connection with an
investigation by this department shall be released to authorized representatives of the Bureau of
Narcotic Control, New York State Department of Health, upon request and upon the furnishing
of a receipt therefor.
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Effective Date:
Title: Section 80.101 - Manufacturers, distributors, importers and exporters
80.101 Manufacturers, distributors, importers and exporters. Manufacturers, distributors,
importers and exporters of controlled substances shall keep records required by article 33 of the
Public Health Law, and as otherwise provided by this Part and in particular section 80.23.
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Effective Date:
Title: Section 80.102 - Research, instructional activities and chemical analysis
80.102 Research, instructional activities and chemical analysis. Persons conducting research,
instructional activities or chemical analysis of controlled substances shall keep records required
by article 33 of the Public Health Law, and as otherwise provided by this Part and in particular
section 80.36.
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Effective Date:
Title: Section 80.103 - Institutional dispensers
80.103 Institutional dispensers. Persons acting as institutional dispensers of controlled substances
shall keep records required by article 33 of the Public Health Law, and as otherwise provided by
this Part and in particular section 80.48.
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Effective Date:
Title: Section 80.104 - Treatment programs
80.104 Treatment program. Persons conducting treatment programs pursuant to article 23 of the
Mental Hygiene Law shall keep records required by section 3352 of the Public Health Law and
submit a monthly methadone usage report on a form furnished by the department.
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Effective Date:
Title: Section 80.105 - Practitioners
80.105 Practitioners. Every physician, dentist, podiatrist, veterinarian, or other authorized
practitioner shall keep a record of all controlled substances purchased by him and a record of all
such drugs dispensed or administered by him out of his own stock of such drugs.
(a) Records of controlled substances purchased shall include date of delivery, type and quantity
of drugs and the name and address of the supplier of the drug. A duplicate invoice or separate
itemized list furnished by the vendor will be sufficient to satisfy this record requirement for
schedule III, IV, and V controlled substances provided it includes all required information and is
retained in a separate file. In addition, duplicate copies of Federal order forms for schedule I and
II controlled substances shall be retained.
(b) Records of disposition of controlled substances shall include date of dispensing or
administering of such drug, name and address of patient, and type and quantity of drug.
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Effective Date: 11/26/2008
Title: Section 80.106 - Pharmacies
80.106 Pharmacies. (a) Pharmacies shall keep records of all controlled substances received and
delivered or disposed of by them.
(1) The records of controlled substances received by pharmacies shall include date of receipt,
name and address of vendor, and kind and quantity of such drug received. A duplicate invoice or
separate itemized list furnished by the vendor will be sufficient to satisfy this record requirement
for schedule III, IV, and V controlled substances provided it includes all required information
and is maintained in a separate file. Duplicate copies of Federal order forms for schedule II
controlled substances shall be retained.
(2) The records of all controlled substances delivered or disposed of shall consist of the
prescriptions filled for such drugs. The prescription shall indicate the name and address of the
prescriber, Drug Enforcement Administration registration number, signature of the prescriber,
name and address of the patient, date of issue, date of dispensing by pharmacist, serial number,
type and quantity of drug and such other information as may be required by this Part or
provisions of article 33 of the Public Health Law.
(b)(1) Schedule II controlled substances prescriptions shall be maintained together in a separate
file.
(2) Schedule III, IV and V controlled substances prescriptions shall be maintained together in a
separate file.
(c) Pharmacies shall keep a separate record of all controlled substances distributed to an
automated dispensing system and returned to the pharmacy from such system.
(d) Pharmacies shall keep a separate record for an automated dispensing system for all records
required by this Part.
Volume: A-1a
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Effective Date:
Title: Section 80.107 - Confidentiality
80.107 Confidentiality. No person who has knowledge by virtue of his office of the identity of a
particular patient or research subject, a manufacturing process, a trade secret or a formula shall
disclose such knowledge, or any report or record thereof, except:
(a) to another person who by virtue of his office as an employee of the department is entitled to
obtain such information;
(b) pursuant to judicial subpoena or court order in a criminal investigation or proceedings;
(c) to an agency department of government, or official board authorized to regulate, license or
otherwise supervise a person who is authorized by article 33 of the Public Health Law to deal in
controlled substances, or in the course of any investigation or proceeding by or before such
agency, department or board; or
(d) to a central registry established pursuant to article 33 of the Public Health Law.
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Effective Date:
Title: Section 80.108 - Practitioner patient reporting
80.108 Practitioner patient reporting. It shall be the duty of every attending practitioner and
every consulting practitioner to report promptly to the commissioner the name and address and
such other data as may be required by the commissioner with respect to any person under
treatment if he finds that such person is an addict or a habitual user of any narcotic drug. Such
report shall be kept confidential and may be utilized only for statistical, epidemiological, or
research purposes, except that those reports which originate in the course of a criminal
proceeding other than section 210 of the Mental Hygiene Law shall be subject only to the
confidentiality requirements of section 3371 of the Public Health Law.
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Effective Date:
Title: Section 80.109 - Confidential communications
80.109 Confidential communications. For the purpose of duties arising out of article 33 of the
Public Health Law and provisions of this Part, no communication made to a practitioner shall be
deemed confidential within the meaning of the Civil Practice Law and Rules relating to
confidential communications between such practitioner and patient.
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Effective Date:
Title: Section 80.110 - Notification by licensee
80.110 Notification by licensee. Persons licensed or certified pursuant to article 33 of the Public
Health Law and persons authorized to possess controlled substances in connection with his
authorized activities shall promptly notify the department of:
(a) each incident or alleged incident of theft, loss or possible diversion of controlled substances
manufactured, ordered, distributed or possessed by such person; a form of this purpose furnished
by the department shall be filed with the Bureau of Narcotic Control, New York State
Department of Health.
(b) any charge or proceeding brought in any court or before any governmental agency, State or
Federal, in which it is alleged that the licensee, its employees, subsidiaries, managing officers, or
directors has failed to comply with the provisions of the Federal Controlled Substances Act or
the laws of any State relating to controlled substances.
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Effective Date:
Title: Section 80.111 - Inventory; required substances
80.111 Inventory; required substances. Controlled substances listed in section 33O6 of the Public
Health Law are designated as inventory required substances and a biennial inventory shall be
prepared and maintained in accordance with the provisions of section 80.112 of this Part.
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Effective Date:
Title: Section 80.112 - Inventory; procedure for filing
80.112 Inventory; procedure for filing. (a) All manufacturers, distributors, importers, and
exporters licensed to deal in controlled substances; all institutional dispensers and persons
conducting research, instructional activities, maintenance treatment programs and analytical
laboratories certified for controlled substance privileges; and all physicians, dentists, podiatrists,
veterinarians and other practitioners, and all pharmacies possessing, having under their control,
selling, prescribing, administering, dispensing or compounding any controlled substances in New
York State shall as of May 1, 1975 and every two years thereafter, prepare and maintain an
inventory of all controlled substances specified by the State Commissioner of Health by
regulation as substances requiring inventory. A separate entry shall be made with respect to each
kind of substance or preparation, and each kind or size of package. Each entry shall show the
name, quantity and content of controlled substance and the size of the individual package, the
number of packages and the total content of all packages covered by the entry on hand as of the
date of the inventory. Maintaining for inspection a biennial inventory of controlled substances
prepared and maintained in compliance with federal statute and regulations shall be deemed
compliance with this section.
(b) A copy of the inventory shall be retained on file with other controlled substances records, and
shall be kept available for inspection for at least five years.
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Effective Date:
Title: Section 80.120 - Powers of commissioner
OFFENSES, VIOLATIONS AND ENFORCEMENT
80.120 Powers of commissioner. The commissioner, and any representative authorized by him,
shall have the power to administer oaths, compel the attendance of witnesses and the production
of books, papers and records and to take proof and testimony concerning all matters within the
jurisdiction of the department.
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Effective Date:
Title: Section 80.121 - Rules and regulations
80.121 Rules and regulations. Rules, regulations and determinations, when made and
promulgated by the commissioner, shall be the rules and regulations and determinations of the
department, and, until modified or rescinded, shall have the force and effect of law.
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Effective Date:
Title: Section 80.122 - Enforcement
80.122 Enforcement. It shall be the duty of the department to enforce all of the provisions of
article 33 of the Public Health Law and all of the rules, regulations and determinations made
thereunder.
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Effective Date:
Title: Section 80.123 - Access to records
80.123 Access to records. The department and its representatives shall have access at all times to
all orders, prescriptions or records required to be kept under article 33 of the Public Health Law
and this Part.
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Effective Date:
Title: Section 80.125 - Fraud and deceit
80.125 Fraud and deceit. (a) No person shall:
(1) obtain or attempt to obtain a controlled substance prescription or a controlled substance, or
procure or attempt to procure the administration of a controlled substance:
(i) by fraud, deceit, misrepresentation or subterfuge;
(ii) by the use of a forged or altered prescription or written order;
(iii) by the concealment of a material fact; or
(iv) by the use of a false name or the giving of a false address;
(2) willfully make a false statement in any prescription, order, report or record required by this
Article;
(3) falsely assume the title of, or represent himself to be, a manufacturer, wholesaler, pharmacy,
pharmacist, intern, nurse, physician, dentist, veterinarian or other authorized person, for the
purpose of obtaining a controlled substance;
(4) make or utter any false or forged prescription or false or forged written order; or
(5) affix any false or forged label to a package or receptacle containing controlled substances.
(b) Possession of a false or forged controlled substance prescription by any person other than a
pharmacist in the pursuance of his profession shall be presumptive evidence of his intent to use
the same for the purpose of illegally obtaining a controlled substance.
(c) Any person who, in the course of treatment, is supplied with controlled substances or a
prescription therefor by one physician and who, without disclosing the fact, is supplied during
such treatment with controlled substances or a prescription therefor by another physician shall be
guilty of a violation of this Part.
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Effective Date:
Title: Section 80.130 - Toxic solvents
TOXIC VAPORS, HYPODERMIC SYRINGES AND NEEDLES
80.130 Toxic solvents. (a) All glue, cement or other adhesives containing one or more of the
following chemical compounds are designated as glue substances containing a solvent having the
property of releasing toxic vapors or fumes: acetone, cellulose acetate, benzene, butyl alcohol,
ethyl alcohol, ethylene dichloride, ethylene trichloride, isopropyl alcohol, methyl alcohol, methyl
ethyl ketone, pentachlorophenol, petroleum ether, and toluene, or such other similar material as
the commissioner shall by regulation prescribe.
(b) No person shall sell or offer to sell, to any person, any tube or container of glue containing a
solvent having the property of releasing toxic vapors or fumes:
(1) if he has knowledge that the product sold or offered for sale will be used in violation of
article 33 of the Public Health Law;
(2) unless there has been added to such glue a sufficient quantity of an additive approved by the
commissioner which shall act as a deterrent to inhalation and not be harmful or toxic to the
human body. This provision shall not apply to glue manufactured and sold for industrial use.
(i) Industrial use shall mean glue packaged in a container of more than four ounces by volume.
(ii) Approval as an additive, which shall act as a deterrent to inhalation of allyl isothiocynate (oil
of mustard) when added at a level of not less than 0.25 nor more than 0.35 per centum by weight
of total product is withdrawn for any glue manufactured 180 days after the effective date of this
Part; a request for approval of any other such additive shall be made to the Bureau of Controlled
Substances of the department.
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Effective Date: 11/26/2008
Title: Section 80.131 - Prescription, sale and possession of hypodermic syringes and hypodermic
needles
80.131 Prescription, sale and possession of hypodermic syringes and hypodermic needles.
(a) It shall be unlawful for any person to sell or furnish, to any other person or persons, a
hypodermic syringe or hypodermic needle, except:
(1) pursuant to an official New York State prescription or an out-of-state prescription; or
(2) to persons who have been authorized by the commissioner to obtain and possess such
instruments; or
(3) in an emergency, pursuant to an oral prescription from a practitioner, if the pharmacist
complies with the requirements of subdivision (b) of this section; or
(4) pursuant to Section 80.137 of this Part.
(b)(1) In an emergency, a practitioner may orally prescribe and a pharmacist may dispense, to an
ultimate user, syringes and hypodermic needles, provided however, the pharmacist shall:
(i) contemporaneously reduce such oral prescription to a written memorandum indicating the
name, address and phone number of the prescriber, name and address of the ultimate user, date
on which the hypodermic needles and/or syringe was ordered, quantity prescribed, direction for
use, and the fact that it is a telephone order; and
(ii) the pharmacist filling such oral prescription shall indicate on the memoranda the date filled,
and the number of the prescription under which it is recorded in the pharmacy prescription file,
and sign the memorandum.
(2) The pharmacist shall make a good faith effort to verify the identity of both the practitioner
and the ultimate user if not known to the pharmacist.
(3) No oral prescription shall be filled for a quantity of hypodermic syringes and/or needles
which would exceed one-hundred hypodermic syringes and/or needles.
(4) Within 72 hours after authorizing such an oral prescription, the prescribing practitioner shall
cause to be delivered to the pharmacist a prescription. If the pharmacist fails to receive such
prescription, he shall record on the oral prescription memorandum: "Prescription not received",
and sign and date the recording.
(5) Follow-up prescriptions from prescribers shall be attached to the corresponding oral
prescription memorandum and shall be filed in accordance with this section.
(6) The pharmacist receiving such follow-up prescriptions shall endorse on the face of such
prescription his signature, the date of filling, the number of the prescription under which it is
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recorded in the pharmacy prescription file and that such prescription is a follow-up to the prior
oral prescription. In addition, the pharmacist shall place on the back of the follow-up prescription
the date of receipt, the pharmacy prescription number and the date the oral prescription was
filled, as follows:
"Follow-up prescription to oral prescription, pharmacy prescription number...., filled on.....,
prescription received......"
(c) Emergency means that the immediate furnishing of a hypodermic syringe and/or needle is
necessary for proper treatment, that no alternative is available and it is not possible for the
practitioner to provide a written prescription at the time.
(d) It shall be unlawful for any person to obtain or possess a hypodermic syringe or hypodermic
needle unless such possession has been authorized by the commissioner or is pursuant to a
prescription or such syringe or needle was provided to such person pursuant to Section 80.137 of
this Part.
(e) A prescription for a hypodermic syringe and/or needle shall include:
(1) the name, address and age of the person for whom intended;
(2) the name, address, telephone number and signature of practitioner.
(f) Any person selling or furnishing a hypodermic syringe or hypodermic needle pursuant to
prescription shall record upon the face of the prescription, over his signature, the date of the sale
or furnishing of the hypodermic syringe or hypodermic needle. Prescriptions and oral
prescription memorandums shall be retained on file for a period of five years and be readily
accessible for inspection by any public officer or employee engaged in the enforcement of this
section. A prescription may be refilled not more than the number of times specifically authorized
by the prescriber upon the prescription; provided, however, no such authorization shall be
effective for a period longer than two years from the date the prescription is signed.
(g) All renewals shall be recorded on the reverse side of the prescription and the date and
quantity dispensed and the signature of the dispensing pharmacist shall be recorded.
Volume: A-1a
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Part 80: Rules and Regulations on Controlled Substances in NYS
Effective Date: 07/28/2008
Title: Section 80.132 - Hypodermic syringes and needles; designation of persons or classes of
persons
80.132 Hypodermic syringes and needles; designation of persons or classes of persons. (a) The
following persons or classes of persons may obtain hypodermic syringes and hypodermic needles
without prescription for use within the scope of their professions or activities:
(1) physicians;
(2) dentists;
(3) veterinarians;
(4) undertakers;
(5) nurses;
(6) podiatrists;
(7) registered pharmacists;
(8) hospitals;
(9) sanitariums;
(10) clinical laboratories;
(11) medical institutions;
(12) manufacturers or dealers in medical, pharmaceutical, surgical or dental supplies or their
agents;
(13) resident physicians or interns of hospitals, sanitariums or other medical institutions;
(14) a duly authorized agent of an incorporated society for the prevention of cruelty to animals or
a municipal animal control facility for the limited purpose of purchasing, possessing and
dispensing (i) sodium pentobarbital to registered and certified personnel to euthanize animals and
(ii) ketamine hydrochloride to registered and certified personnel to anesthetize animals prior to
euthanasia;
(15) persons engaged in an agricultural activity, provided that the manufacturer, distributor or
supplier of the hypodermic syringe or hypodermic needle or of any product pre-packaged in a
hypodermic syringe has an established needle and syringe return program in compliance with
any applicable law;
(i) for purposes of this section, agricultural activity shall mean the production of food for human
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consumption and fiber through crops, livestock and livestock products.
(16) an advanced life support agency; and
(17) persons certified by the New York State Department of Environmental Conservation as
wildlife rehabilitators. Wildlife rehabilitators are responsible for the proper safeguarding and
handling of hypodermic syringes and needles and must comply with section 80.133(h)-(j) of this
Part. All needles and syringes shall be stored in compliance with section 80.133(g) of this Part;
(18) licensed respiratory therapists and licensed respiratory therapy technicians;
(19) certified home health agencies, licensed home care services agencies and long term home
health care programs approved under Article 36 of the Public Health Law; and
(20) certified hospices licensed under Article 40 of the Public Health Law.
Volume: A-1a
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Effective Date:
Title: Section 80.133 - Hypodermic syringes and needles; certificate of need
80.133 Hypodermic syringes and needles; certificate of need. (a) The following are authorized to
possess hypodermic syringes and hypodermic needles, provided they file with the commissioner
a certificate of need and obtain a written authorization from the commissioner to possess and use
such hypodermic syringes and needles:
(1) educational institutions, which also must comply with section 811 of the Education Law and
file a separate certificate of need with the Commissioner of Education; and
(2) persons engaged in commercial, industrial or agricultural activities.
(b) The certificate of need shall set forth the names of individuals authorized by the educational
institution or commercial or industrial firms to have custody of the hypodermic syringes and
needles to be used in connection with their activities and the names of individuals designated as
responsible for supervision of the use of such hypodermic syringes and needles.
(c) Any administrative officer of the institution or firm filing a certificate of need may be
designated as responsible for the custody of hypodermic syringes and needles used on their
premises. It shall be the duty of the designated custodial administrative officer to provide for
safeguards and maintenance of records of receipt and disposition of all hypodermic syringes and
needles acquired or possessed by the institution or firm.
(d) The head of any department, laboratory or division of an educational institution or
commercial, agricultural or industrial firm filing a certificate of need may be designated as the
person responsible for supervising the use of hypodermic syringes and needles used within the
institution or firm. It shall be the responsibility of such designated person to supervise the use of
hypodermic syringes and needles by students or other members of such institutions or firms and
to keep and maintain records of all hypodermic syringes and needles used under his supervision.
(e) Any change in designated custodial or supervisory personnel shall be reported within 30 days
to the department.
(f) Location of use. The location of authorized use of hypodermic syringes and needles includes
any classroom, laboratory, lecture hall, department or division, designated by the institution or
the firm in its certificate of need on file with the department. Any change in designated location
of use shall be reported within 30 days to the department.
(g) Storage. (1) Hypodermic syringes and needles shall be stored in a locked secure place. In no
instance shall spring or combination dial locks be employed.
(2) Reserve or main stock shall be kept in double cabinets under locked protection of suitable
locks and keys. Both cabinets, inner and outer, shall be stationary.
(3) Hypodermic syringes and needles not in reserve, not in main stocks, and not in use, shall be
kept under suitable locked protection.
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(h) Records. (1) A record of all purchases of hypodermic syringes and needles shall be
maintained.
(2) Main storage records shall include a running inventory of all hypodermic syringes and
needles indicating type, size and number of each item purchased, distribution made, balance on
hand, and date of receipt or disposition.
(3) An annual physical inventory shall be taken each June 30th and entered in the running
inventory record.
(4) A record of all hypodermic syringes and needles destroyed shall be kept, indicating the type,
size, and number of each item destroyed, the date of destruction, and the person by whom
destroyed. The records shall be kept for a period of two years from the date of the transaction.
Every such record shall list hypodermic syringes and needles lost or stolen, indicating kind and
number and the date of discovery of such loss or theft. A report of such loss or theft, and other
pertinent related facts, shall be made immediately upon discovery to the department.
(i) Destruction of hypodermic syringes and needles. (1) All hypodermic syringes and needles
which are no longer usable or required shall be destroyed as follows:
(i) Disposable hypodermic units shall have the needle detached from the syringe prior to
disposal.
(ii) Hypodermic syringes shall be crushed, broken or otherwise rendered inoperable.
(iii) Hypodermic needles shall be bent prior to disposal.
(j) Inspection. All records and stocks of hypodermic syringes and needles maintained by
educational institutions or commercial or industrial firms shall be readily available and promptly
produced for inspection by authorized representatives of the State Commissioner of Health.
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Effective Date: 02/25/2009
Title: Section 80.134 - Authorization for the purchase, possession and dispensing of sodium
pentobarbital to euthanize animals
80.134 Authorization for the purchase, possession and dispensing of ketamine hydrochloride
only to anesthetize animals for euthanasia and sodium pentobarbital to euthanize animals. (a)
Except where different meanings are specified expressly, the terms in this section shall have the
following meanings:
(1) An incorporated society for the prevention of cruelty to animals (society) shall include any
incorporated humane society or society for the prevention of cruelty to animals having facilities
for the care and eventual disposition of animals, within the State.
(2) Municipal animal control facility (facility) shall include any pound or shelter maintained by
or under contract or agreement with any county, city, town or village within the State.
(3) Solution shall mean:
(i) a premixed solution of sodium pentobarbital, manufactured only and specifically for the
euthanasia of animals, which contains such other ingredients as to place such solution within
schedule III of the Controlled Substances Act (article 33, Public Health Law);
(ii) schedule II sodium pentobarbital; and
(iii) ketamine hydrochloride only for the purpose of anesthetizing animals for euthanasia.
(4) An agent is a person or persons other than a licensed veterinarian appointed by the
incorporated society or municipal animal control facility, and duly registered with the
department, authorized to purchase, possess and dispense (i) ketamine hydrochloride only to
anesthetize animals for euthanasia, and (ii) sodium pentobarbital to euthanize animals.
(5) A registered individual is a person certified and registered pursuant to subdivision (f) of this
section.
(b) No society, facility or its agent shall purchase, possess, dispense or cause to be administered,
a controlled substance within this State without first registering with the department.
(c) A society or facility and its agents shall also register with the Federal Drug Enforcement
Administration (DEA) in the controlled substance schedule provided for under this Part.
(d) Any society or facility may register an agent to purchase, possess and dispense a controlled
substance, by application to the department.
(1) The department shall issue such registration unless the commissioner finds that the
application should be denied by reason of false statements in the application, conviction of a
felony relating to controlled substances, suspension, revocation or denial of the applicant's
Federal DEA registration, failure to provide adequate safeguards against diversion of the
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solution, or other good and sufficient reason such as conviction for a violent felony or a felony
related to theft, an administrative determination that article 33 of the Public Health Law or
provisions of this Part were violated, conviction for a misdemeanor relating to controlled
substances, or any conviction under the Agriculture and Markets Law relating to the treatment of
animals.
(2) Such registration shall be valid for a period of three years from the date of issuance and may
be suspended or revoked upon a finding by the commissioner that the society, facility, agent or
certified personnel have violated the provisions of this section, or any other requirement of this
Part or article 33 or any other State law or regulation relating to the proper care of animals by
societies or facilities.
(3) Any society or facility registering an agent shall immediately notify the department of any
change in the employment or contractual relationship with the designated agent.
(4) Such registration shall be valid only at the registered location.
(e)(1) Registered agents of societies or facilities may dispense solution for the euthanasia of
animals only to registered individuals certified by the department to administer such a solution;
or to a licensed and properly registered veterinarian and only for on-premises use.
(2) Solution may be dispensed for use off the premises only where the animal to be euthanized is
injured or transport of such animal to the society or facility is not practical.
(f) Registration and certification of individuals to administer solution for euthanasia of animals.
(1) No person other than a licensed veterinarian shall receive a controlled substance from a duly
authorized agent of a society or facility to euthanize animals unless the person is certified and
registered with the department.
(2) To obtain a certification and registration from the department in order to administer a
solution to euthanize animals, the applicant must:
(i) be 21 years of age or older;
(ii) hold a bachelor or associate degree in animal health sciences or related field; and
(iii) obtain a written certification from two licensed veterinarians or one licensed veterinarian
and one licensed animal health technician in which the veterinarians or technicians state that they
have observed the proficient use, by the applicant, of injections for the euthanasia of animals.
(3) Any person who meets the minimum qualifications stated in subparagraphs 2 (i) and (iii) of
this subdivision, but who lacks the required bachelor or associate degrees, may obtain
certification and registration from the department if such person has two years' experience in
animal care including euthanasia of animals. (4) The department shall issue such registration and
certification unless the commissioner finds that the application should be denied by reason of
false statements in the application, the applicant's conviction of a felony relating to controlled
substances or for other good and sufficient reason.
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(5) Such registration and certification shall be valid for a period of three years from the date of
issuance and may be suspended or revoked upon a finding by the commissioner that the
registered individual has violated the provisions of this Part, article 33 or any other State law or
regulation relating to the proper care of animals, or is not competent to administer solution in the
euthanasia of animals by injection.
(g) Renewal of registrations. Registrations issued under this section shall be renewed by the
department upon receipt of a completed renewal application which includes proof of attendance
at a department-sponsored or -approved course in the safe and effective use of a solution in the
euthanasia of animals.
(h) Safeguarding of solution. Agents shall safeguard the solution in compliance with the
standards for safeguarding controlled substances set out in section 80.6(a) and (b) of this Part.
(i) Minimum security standards for a society, facility and its agents. (1) The solution must be
stocked in a securely locked cabinet of substantial construction. The cabinet shall be stationary
and made of steel or other approved metal and of sufficient size to store the stock of solution.
(2) The cabinet shall be limited to the storage of the solution, needles and syringes and solution
records.
(j) Recordkeeping requirements. (1) Agents shall keep records of all solution purchased,
dispensed and administered.
(2) All purchase records, including a copy of the invoice, shall be kept in a separate file and filed
by date received.
(3) A separate record of solution activities and transactions in the form of a running inventory
shall be maintained and include the following:
(i) the name of the drug (by brand name);
(ii) the name of the manufacturer, lot number, NDC number;
(iii) the strength of the drug in milligrams (mg) per milliliter (ml);
(iv) the total amount of drug received in milliliters;
(v) the name, address and DEA registration number of the supplier of the drug;
(vi) the date the solution was received;
(vii) the signature of the person receiving the solution;
(viii) the date of any transaction or activity, the amount of the solution dispensed at each
dispensing;
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(ix) the signature of the agent who dispensed the solution;
(x) the signature of the registered individual administering the solution; and
(xi) the remaining amount of drug on hand.
(4) Any unused solution must be returned to the agent. The agent must record the date, the
amount returned, the signatures of the agent and the registered individual returning the drug, and
the amount on hand after such transaction.
(5) A separate record shall be maintained of all losses with a brief statement describing the
incident and signed by the agent and a witness.
(6)(i) Agents shall cause the registered individual and any contracting practitioner to receive a
work card or medical record sheet when dispensing the solution and such record shall be
returned
to the agent upon completion of each workday.
(ii) The work card or medical report sheet shall contain information to properly identify each
animal to whom the solution is administered. For each female with litter, utilize only one record
or card.
(iii) The registered individual euthanizing such animal shall document on such record the date of
the administration of the drug, the amount of the drug used and the registered individual's
signature.
(7) All records pertaining to the solution shall be kept on the premises of the society or facility
for a period of five years and shall be available readily and produced promptly for inspection by
authorized representatives of the commissioner.
(k) Quarterly reports. Within 10 days of the end of each quarter of each year, the society or
facility shall submit a report to the department signed by an officer or official and the agent and
include the following:
(1) the name, address and phone number of the society or facility;
(2) the agent's name, bureau registration number, DEA registration number;
(3) the total amount of solution received from suppliers;
(4) the total amount of solution dispensed to personnel;
(5) the total amount of solution returned from personnel;
(6) the total amount of solution lost for any reason;
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(7) the total amount of solution on hand at the end of the quarter;
(8) an actual physical inventory count of solution on hand; and
(9) the total number of animals euthanized by species. (l) All agents and registered individuals
are under continuing duty to report immediately to the department any loss, theft or diversion of
solution from the society or facility.
(m) Certification or registration by the department under this section does not authorize the use
of medicated darts in a handgun.
(n) Registered individuals may administer solution for euthanasia of animals only when in the
employ of a registered society or facility and only when solution is obtained from the registered
agent of such society or facility.
(o) An agent of a society or facility may also obtain registration and certification to administer
the solution as defined in paragraph (f)(2) of this section. However, the same individual may not
act as both the agent dispensing and the registered individual administering in the same facility at
the same time.
(p) Agents of an incorporated society or a facility are responsible for the proper safeguarding and
handling of hypodermic syringes and needles and must comply with section 80.133(h)-(j) of this
Part. All needles and syringes shall be stored in compliance with subdivision (i) of this section.
(q) The agent of a society or facility is not relieved of his responsibilities to detect or correct any
diversion or mishandling of any solution by a delegation of responsibility.
Volume: A-1a
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Effective Date: 10/13/93
Title: Section 80.135 - Authorization to conduct hypodermic syringe and needle exchange
programs
80.135 Authorization to conduct hypodermic syringe and needle exchange programs.
(a) Employees or trained volunteers of community-based not-for-profit organizations and
government entities engaged in clean hypodermic syringe and needle exchange programs
designed to reduce the transmission of human immunodeficiency virus may obtain, possess and
furnish hypodermic syringes and hypodermic needles, without prescription, when authorized by
the Commissioner in connection with the distribution or collection of hypodermic syringes and
hypodermic needles for the purpose of preventing the transmission of human immunodeficiency
virus in users of injectable drugs. This authorization will be granted only in accordance with a
plan submitted by the not-for-profit corporation or government entity to and approved by the
Commissioner, using the standards contained in this section. This authorization will be based
upon the plan meeting the requirements of the regulation.
(b) The Department will review the plan submitted by the not-for-profit corporation or
government entity using the following standards:
(1) The plan demonstrates the need for a hypodermic syringe and needle exchange program
within the targeted community(ies);
(2) The plan demonstrates organizational capability and commitment necessary to conduct a
hypodermic syringe and needle exchange program, to interact effectively with the
community(ies) where a hypodermic syringe and needle exchange program is planned, and to
enlist support for and to further integration of hypodermic and needle exchange services within
the community(ies);
(3) The plan demonstrates an adequacy of the design and protocol for the conduct of a
hypodermic syringe and needle exchange program;
(4) The plan demonstrates organizational capability to provide comprehensive harm reduction
services, including HIV prevention education and counseling and direct provision of or referral
to health and human services, including drug treatment;
(c) This authorization extends only to those hypodermic needles and hypodermic syringes
distributed or collected pursuant to the approved plan and only as long as such employees or
trained volunteers of the not-for-profit organizations or government entities are assigned to the
program. The organization or entity must develop and maintain a list of employees and trained
volunteers who are authorized to obtain, possess and furnish hypodermic syringes and
hypodermic needles, and furnish this list to the Department. All personnel changes to this list
shall be reported immediately to the Department.
(d) An approval obtained pursuant to subdivision (a) of this section shall continue until two years
from the date of notification by the Commissioner of approval of the plan submitted by the notfor-profit organization or government entity or until receipt by the organization or entity of a
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written notice of termination of the program from the Commissioner, whichever shall first occur.
The Commissioner may approve extensions of the plan for additional two year periods if the notfor-profit corporation or government entity complied with the requirements of this section during
the prior two year period.
(e) Individuals participating in the approved plan may obtain and possess hypodermic syringes
and hypodermic needles without prescription from individuals authorized pursuant to subdivision
(a) of this section provided that:
(1) this authorization extends only to obtaining or possessing those hypodermic syringes and
hypodermic needles which have been distributed or collected pursuant to the approved plan; and
(2) this authorization is effective only so long as the person is an active participant in the
approved plan; and
(3) this authorization shall be automatically void with respect to any hypodermic syringe or
hypodermic needle which is sold or furnished or attempted to be sold or furnished by a
participant in violation of state or federal law.
(f) An approval pursuant to subdivision (a) of this section shall allow a not-for-profit
organization or government entity to purchase hypodermic syringes or hypodermic needles as
part of a needle exchange plan approved by the Commissioner, and designed to reduce the
transmission of human immunodeficiency virus.
(g) An organization or entity authorized by the Commissioner to conduct a hypodermic syringe
and needle exchange program must adhere to policies and procedures approved by the
Department in connection with the conduct of a hypodermic syringe and needle exchange, which
will include, but not be limited to:
(1) requirements for training for staff and volunteers;
(2) procedures to ensure staff security;
(3) policies and procedures for enlisting community support for the program, including
development of a community advisory board reflective of the community in which the
hypodermic syringe and needle exchange program is located; (4) procedures and reporting
requirements involving community concerns regarding the conduct of a hypodermic syringe and
needle exchange program, including those involving law enforcement agencies;
(5) policies and procedures for determining eligibility of individuals for participation in a
hypodermic syringe and needle exchange program;
(6) policies and procedures to ensure comprehensive assessment and service referral for
injectable drug users under the age of 18;
(7) procedures for enrollment of participants in a hypodermic syringe and needle exchange
program and issuance of participant identification cards;
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(8) procedures for obtaining and recording participant information;
(9) policies and procedures for identifying program hypodermic syringes and needles;
(10) policies and procedures for distribution and collection of hypodermic syringes and needles,
including the number of needles that can be provided to a plan participant in a single transaction;
(11) procedures to ensure that hypodermic syringes and needles are secured properly and that the
handling and disposal of hypodermic syringes and needles is safeguarded and in accordance with
State and federal law and regulations;
(12) policies and procedures to terminate program participants;
(13) procedures for developing new sites or expanding or changing existing sites for hypodermic
syringe and needle exchange programs;
(14) policies and procedures relating to the provision of HIV prevention education and
counseling for program participants;
(15) policies and procedures for referring program participants to services, including developing
and formalizing referral linkages;
(16) procedures for data collection and program reporting; and
(17) policies and procedures for evaluation of hypodermic syringe and needle exchange
programs.
(h) The following records of hypodermic syringes, hypodermic needles, participants and
transactions shall be maintained by the organization or entity engaged in exchanging hypodermic
syringes and hypodermic needles:
(1) An inventory of hypodermic syringes and hypodermic needles, including the number
purchased and distributed, and the balance on hand;
(2) A record of the number of hypodermic syringes and hypodermic needles distributed to each
participant in each transaction;
(3) A record of the number of used hypodermic syringes and hypodermic needles returned by
each participant in each transaction;
(4) The number and manner of disposal of hypodermic syringes and hypodermic needles
collected by the program;
(5) A record of the number of participants provided HIV prevention education and counseling;
the number and types of services directly provided or provided by referral to participants,
including referral to HIV antibody testing services, health care services, including evaluation and
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treatment for HIV infection, sexually transmitted diseases and tuberculosis, family planning,
prenatal and obstetrical care, social services and drug abuse treatment services.
(i) An organization or entity functioning under a needle exchange plan approved under
subdivision (a) of this section must ensure that hypodermic syringes and needles are secured
properly and must safeguard the handling and disposal of hypodermic syringes and needles in
accordance with State and federal law and regulations.
(j) An organization or entity functioning under a needle exchange plan approved under
subdivision (a) of this section must provide a quarterly report of activities to the Commissioner
in a format provided by the
Department which shall include, but not be limited to:
(1) the number of program participants;
(2) aggregate information regarding the characteristics of program participants;
(3) the total number of hypodermic syringes and hypodermic needles distributed during the
quarter, and the average number distributed per participant per transaction during the quarter;
(4) the total number of hypodermic syringes and hypodermic needles collected during the
quarter, and the average number collected per participant transaction during the quarter;
(5) the number of participants provided HIV prevention education and counseling;
(6) the number and types of services directly provided or provided by referral to participants,
including referral to HIV counseling and testing, health care services, including evaluation and
treatment for HIV infection, sexually transmitted diseases and tuberculosis, family planning,
obstetrical and prenatal care, social services and drug abuse treatment services;
(7) significant problems encountered and program milestones achieved; and
(8) other information deemed necessary by the Department to ensure that the conduct of a
hypodermic syringe and needle exchange program adheres to the requirements of this regulation.
The quarterly report must be submitted to the Commissioner no later than 30 days after the end
of each quarter after the plan is approved.
(k) The organization or entity functioning under an approved needle exchange plan shall provide
an annual report of plan activities to the Commissioner, summarizing the information provided
on a quarterly basis as contained in subdivision (j) of this section in a format provided by the
Department. In addition, the report shall contain an evaluation of the organization's progress in
attaining the plan's goals. The annual report must be submitted to the Commissioner no later than
60 days after the program has been approved for a period of one year and at the same time
annually thereafter.
(l) An organization or entity functioning under a needle exchange plan approved under
subdivision (a) of this section may be inspected by authorized representatives of the State
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Commissioner of Health as necessary to ensure compliance with the requirements of this section.
An organization or entity found to be in violation of these regulations will receive written
notification of the violation from the Commissioner and a time period, not to exceed 30 days
from the date of written notification, to correct the violation. If the organization or entity
continues to be in violation of these regulations after the date required for correction, the
Commissioner may terminate approval of the plan. The Commissioner may also terminate the
plan immediately if s/he determines that approval of the plan is no longer in the public interest.
(m) Any not-for-profit organization or government entity seeking to obtain, possess and furnish
hypodermic syringes and hypodermic needles, without prescription, must submit a plan to the
Commissioner for approval, which must be in a format specified by the Department, and will
include, but not be limited to:
(1) the name and address of the not-for-profit organization or government entity;
(2) the name and title of the individual authorized to represent the program in seeking approval;
(3) information regarding organizational capability and commitment relating to the conduct of a
hypodermic syringe and needle exchange program;
(4) an assessment of the need for a hypodermic syringe and needle exchange program within the
targeted community(ies);
(5) a description of the applicant's previous and planned activities to interact with a
community(ies) where a hypodermic syringe and needle exchange program is planned, to enlist
support for and to further integration of the hypodermic syringe and needle exchange program
within the community(ies);
(6) a description of staffing for the proposed program, including employees or trained volunteers;
(7) a description of training planned for employees and volunteers staffing the proposed
program;
(8) a list of employees and trained volunteers staffing the proposed program;
(9) the design and protocols of the project, including the geographic area and the method of
program operation; including procedures for determining eligibility of individuals for
participation in the program; procedures to ensure comprehensive assessment and service referral
to injecting drug users under the age of 18; procedures for enrollment of participants in the
program, including issuance of participant identification cards; procedures for obtaining and
recording participant information; procedures for identifying program hypodermic syringes and
needles; procedures to ensure staff security; procedures for distribution and collection of
hypodermic syringes and needles, including the number of needles that can be provided to a plan
participant in a single transaction.
(10) the proposed plans for the proper safeguarding and handling and disposal of hypodermic
syringes and needles, including inventory control, and securing injection equipment from theft,
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adherence to appropriate infection control practices and appropriate disposal of used hypodermic
syringes and needles;
(11) the proposed plan to provide program participants with HIV prevention education and
counseling regarding drug and sexual risk behaviors and risk reduction practices, including
cleaning of injection equipment, use of condoms, and distribution of bleach kits and condoms,
and referral for ongoing HIV prevention education and psychosocial support.
(12) the proposed plan for direct provision or referral to HIV antibody testing services, health
services, including evaluation and treatment services for HIV infection, sexually transmitted
diseases and tuberculosis, family planning, prenatal and obstetrical care, social services and drug
abuse treatment services, including the plan to work with service providers and communitybased organizations to establish service linkages;
(13) the proposed plan for evaluating program services and goals.
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Effective Date: 08/04/93
Title: Section 80.136 - Controlled substances for emergency medical services: purchasing,
possessing, delivering, administering and safeguarding of controlled substances
80.136 Controlled Substances for Emergency Medical Services: Purchasing, possessing,
delivering, administering, and safeguarding of controlled substances.
(a) Definitions:
(1) Ambulance Service means an individual, partnership, association, corporation, municipality
or any other legal entity or subdivision, thereof, engaged in providing emergency medical care
and the transportation of sick, or injured persons by motor vehicle, aircraft or other form of
transportation to or from facilities providing hospital services.
(2) Medical Director means a New York State licensed physician who is responsible for
authorizing treatment protocols and quality assurance activities for participating advanced life
support agencies within an advanced life support system. The medical director of any advanced
life support system with 10 or more advanced life support agencies and/or 100 or more advanced
emergency medical technicians (AEMTS) shall designate associate physicians to provide quality
assurance according to a plan submitted to and approved by the Emergency Medical Services
Program.
(3) Agent means a person or persons certified as an emergency medical technician-critical care
or emergency medical technician-paramedic who is appointed by an advanced life support
agency, approved in writing by the medical director, and registered with the Department's
Bureau of Controlled Substances, to purchase, possess, and deliver controlled substances for use
by an advanced life support agency.
(4) Advanced Life Support First Response Service means an organization which provides
advanced life support care but does not transport patients.
(5) Advanced Life Support Agency (ALS Agency) means a certified ambulance service or
certified advanced life support first response service which is authorized by the medical director
of an advanced life support system to provide advanced life support care.
(6) Contracting Hospital means a hospital licensed as an Institutional Dispenser Class 3 which
has a written agreement with one or more ALS Agencies to provide stocks of controlled
substances to such services.
(7) Advanced Life Support System means an acute medical care system organized to provide
advanced life support care on site or en route to a hospital in accordance with section 3031 of the
Public Health Law.
(b)(1) A hospital licensed as an Institutional Dispenser Class 3 may:
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(i) enter into a written agreement with an ALS Agency to provide, sell or deliver stocks of
controlled substances, to such agency for use in an advanced life support system; or
(ii) enter into a written agreement with an ALS Agency to act as agent for such agency and
supply a substock of controlled substances for use in the ALS Agency's response vehicles; and
(iii) provide only those controlled substances approved by the Department and the medical
director.
(2) Only those ambulance services or advanced life support services meeting the conditions of
and approved under this Part may possess, deliver or administer controlled substances.
(c) An ALS Agency and/or its agent shall:
(1) purchase, possess, deliver or cause to be administered only those controlled substances
approved and listed by the Department and approved by the medical director of the advanced life
support system;
(2) possess a certificate issued pursuant to article 30 of the Public Health Law;
(3) possess a class 3(c) institutional dispenser limited license from the Department, except that
an ALS agency, owned and operated by a hospital, is exempt from obtaining a class 3(c)
institutional dispenser limited license and shall:
(i) utilize the hospital's class 3 institutional dispenser license for the delivery of controlled
substances for use in any authorized response vehicle;
(ii) maintain the ALS agency's controlled substances as part of the hospital's controlled
substances substock;
(iii) have the hospital act as the agent for its ambulance service;
(iv) comply with all other sections of this Part;
(4) permit only a licensed physician or a person certified pursuant to Article 30 of the Public
Health Law as an advanced emergency medical technician - critical care or advanced emergency
medical technician - paramedic, and authorized by the medical director of the advanced life
support system to receive or administer a controlled substance.
(d)(1) Any ALS Agency may be denied approval to purchase, possess, or deliver controlled
substances upon a finding by the Department that the approval should be denied or revoked by
reason of false statements in the application, failure to provide adequate safeguards against
diversion of the controlled substances, or other good and sufficient reason such as an
administrative determination that article 30 or 33 of the Public Health Law or a provision of Part
800 of this Title or of this Part was violated. (e) Agents.
(1) An ALS Agency shall register an agent to purchase, possess, and deliver controlled
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substances, by making application to the Department.
(2) The Department shall issue such registration unless the Department finds that the application
should denied by reason of false statements in the application, conviction of a felony, failure to
provide adequate safeguards against diversion of the controlled substances, any conviction
related to controlled substances, or other good and sufficient reason such as an administrative
determination that article 30 or 33 of the Public Health Law or any provision within Part 800 of
this Title or any provision within this Part was violated.
(3) Such registration shall be valid for a period of two years and may be suspended or revoked
upon a finding by the Department that the ALS Agency, agent, or its members have violated
article 30 or 33 of the Public Health Law or any provision within Part 800 of this Title or any
provision within this Part.
(4) Each ALS agency or its agent shall immediately notify the Department and the medical
director of any change in the membership, employment, or contractual relationship with the
designated agent or the dispensing hospital.
(5) Such registration shall be valid only for the ALS Agency and at the specified location(s)
appointing the agent.
(6) An agent of an ALS Agency may deliver controlled substances, only for administration by
their ALS Agency, to a licensed physician and individuals certified and authorized to administer
controlled substances.
(f) Agents shall ensure that:
(1) Controlled substances shall be safeguarded properly and kept securely at the registered
address on file with the Department;
(2) All stocks and/or substocks will be made available for inspection by authorized
representatives of the Department;
(3) Access to controlled substances stocks shall be limited to the minimum number of individuals
actually required to manage the administration, delivering and handling of such controlled
substances efficiently;
(4) A plan is submitted to the Department for review, modification and/or approval that details
the location(s) of all stocks or substocks, the safeguarding of, access to, and security standards
for all controlled substances;
(5) A quality assurance plan for the administration of controlled substances is submitted to the
Department; and
(6) Only a reasonable quantity of controlled substances as approved by the medical director is
stored as substocks.
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(g) Minimum security standards for ALS Agencies, their agents and all certified and authorized
individuals:
(1) Any stock or substock of controlled substances shall be maintained in a secure manner and in
compliance with this Part.
(2) Any stock or substock of controlled substances shall be stored in a locked cabinet of
substantial construction at the location registered with the Department. The cabinet shall be
stationary, be made of steel or other metal and be of sufficient size to store all controlled
substances. This cabinet shall be limited to the storage of controlled substances, needles and
syringes and associated records.
(3) Access to any stock or substock of controlled substances will be limited to the agent and
require at least two locks with different keys.
(4) Any substock of controlled substances in an authorized response vehicle shall be stored as
follows:
(i) When access to the patient compartment of an ambulance is kept locked at all times,
controlled substances shall be secured in a locked cabinet using a key lock different than the
patient compartment.
(ii) When the access to the patient compartment of an ambulance is not kept locked at all times
or any other response vehicle is used, controlled substances must be secured in a locked box
within a locked stationary cabinet under a two lock system using different keys.
(iii) The key(s) to access the cabinet where controlled substances are stored must be maintained
under the direct control of a certified and authorized individual.
(iv) Controlled substances may be maintained in the direct possession and control of a certified
and authorized individual at all times while such individual is on duty for the ALS Agency,
however, at no time shall controlled substances be carried in any personal automobile.
(v) A written change of shift inventory for any substock shall be conducted when custody of
controlled substances passes between certified and authorized individuals during a shift change.
(vi) Alternative forms of securing or maintaining controlled substances in authorized response
vehicles are subject to the approval of the Department upon written application by the chief
executive/operating officer of the ALS Agency. The application must describe the alternative
methods, state reasons why the alternate method is necessary and fully describe procedures for
safeguarding and controlling controlled substances and limiting access to certified and
authorized individuals. (vii) Only individuals certified and authorized under this Part shall have
access to controlled substances. If an agency operates at various times with different levels of
personnel, all of whom are not certified and authorized, provisions shall be made to prohibit
access to all controlled substances by persons who are not certified or authorized.
(h)(1) Controlled substances may only be administered pursuant to a physician's order or a
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protocol authorized by the medical director and approved by the Department pursuant to Article
30 of the Public Health Law and section 800.15 of this Title. A copy of the approved protocol
shall be on file with the Department. Any change in such protocol shall be approved by the
Department prior to being implemented.
(2) A certified and authorized individual making any administration of a controlled substance
pursuant to a physician order or protocol order shall notify a medical control location to make a
record of the administration as described in section 80.136(h)(3). Such notification shall be made
during or immediately following the run.
(3) At any medical control location, the physician ordering or confirming the administration of a
controlled substance shall make and maintain a record of such administration to include but not
be limited to:
(i) physician name and signature;
(ii) date, time, and run identification;
(iii) patient name;
(iv) ALS Agency name;
(v) AEMT number and name;
(vi) patient's chief complaint and presenting problem;
(vii) name of controlled substance;
(viii) dosage and route of administration;
(ix) quantity administered; and
(x) receiving hospital name and record number.
(4) Each certified and authorized individual receiving an order or using a protocol to administer a
controlled substance shall make a record of the administration to include but not be limited to:
(i) ordering physician identification;
(ii) date, time, and run identification;
(iii) patient name;
(iv) ALS Agency name;
(v) AEMT number and name;
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(vi) patient's chief complaint and presenting problem;
(vii) name of controlled substance;
(viii) dosage and route of administration;
(ix) quantity administered, and
(x) receiving hospital name and record number.
The required record shall be the Department's Pre-hospital Care Report and any necessary
supplement. A copy of the pre-hospital record shall become part of the patient's hospital record.
Patient confidentiality shall be maintained at all times.
(5) A certified and authorized individual shall maintain an administration inventory record for all
controlled substances. This record shall be returned to the agent before any controlled substances
can be replenished.
(i) Recordkeeping Requirements.
(1) Agents shall keep records of all controlled substances obtained, purchased, delivered and
administered.
(2) All purchase records, including date, quantity obtained and source shall be maintained in a
separate file by date received.
(3) An inventory record shall be maintained and shall include the following:
(i) the name of the controlled substance;
(ii) the name of the manufacturer and lot number;
(iii) the strength of the controlled substance;
(iv) the total amount of controlled substance stock received;
(v) the name, address, and DEA registration number of the authorized person or hospital
supplying the controlled substance stock;
(vi) the date the controlled substance stock was received;
(vii) the signature of the person receiving the controlled substance stock;
(viii) the date and the amount of the controlled substance delivered to a substock;
(ix) the signature of the agent who delivered the controlled substance substock;
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(x) the signature of the certified and authorized individual receiving the controlled substance
substock;
(xi) the vehicle identification number or location of substock; and
(xii) the remaining amount of controlled substance on hand.
(4) A separate record shall be maintained of all non-administered losses from any stock or
substock with a brief statement describing the incident and signed by the certified and authorized
individual and the agent.
(5) Partial doses remaining after the parental administration of a portion of an ampule or unit
dose of a controlled substance may be destroyed and properly disposed of provided that:
(i) a notation is made on the administration record; and
(ii) the destruction is witnessed by a second certified emergency medical technician member of
the ALS Agency, the agent, or other licensed health care provider.
(6) An administration record shall be kept for each substock. This record will indicate the
substock location and/or the vehicle identification number, the name of each controlled
substance, dose and quantities furnished to the substock and: (i) date and hour of administration;
(ii) name of patient;
(iii) run and medical control information;
(iv) dose administered;
(v) balance on hand after each administration; and
(vi) the name and signature of the administering individual.
(j) All records pertaining to controlled substances shall be kept at the location registered with the
Department by the ALS Agency for a period of five years and shall be readily available and
produced promptly for inspection by authorized representatives of the Department.
(1) Within 30 days of June 30 and December 31 of each year, the ALS Agency shall submit a
report for that six month period to the Department signed by the agent which report shall include
the following:
(i) the name, address, and telephone number of the ALS Agency;
(ii) the Bureau of Controlled Substances license number;
(iii) the agent's name;
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(iv) the total amount of controlled substances received from the dispensing hospital;
(v) the total amount of controlled substances dispensed to personnel;
(vi) the total amount of controlled substances returned from personnel;
(vii) the total amount of controlled substances lost for any reason;
(viii) the total amount of controlled substances on hand at the end of the period; and
(ix) an actual physical inventory count of all controlled substances on hand.
(k) Responsibilities.
(1) All agents and members of an ALS Agency are under a continuing duty to report
immediately to the Department and the medical director any loss, theft, or diversion of controlled
substances.
(2) Agents and certified and authorized members of the ALS Agency are responsible for the
proper safeguarding and handling of controlled substances, needles and syringes.
(3) The medical director of the advanced life support system authorizing the use and
administration of controlled substances shall be accountable for the proper use and
administration of the controlled substances and for maintaining a quality assurance plan and
protocols approved by the Department.
(4) The chief executive/operating officer of the ALS Agency is responsible for the proper
safeguarding, handling and accountability of controlled substances and for assuring that all
reports and reporting procedures are carried out in accordance with this Part. The chief
executive/operating officer shall not be relieved from any responsibility under this Part as a
result of any delegation of responsibility.
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Effective Date: 03/07/2001
Title: Section 80.137 - Expanded syringe access demonstration program
Section 80.137 - Expanded syringe access demonstration program.
(a) Definitions.
(1) "Authorized provider" for the purposes of this section shall mean any of the following who
have registered with the Department:
(i) a pharmacy licensed under article one hundred thirty-seven of the education law;
(ii) a health care facility licensed under article twenty-eight of the public health law; or
(iii) a health care practitioner who is otherwise authorized to prescribe the use of hypodermic
needles or syringes within his or her scope of practice.
(2) "Safety insert", for the purposes of this section, shall mean a document that is either
developed or approved by the commissioner and shall contain, at a minimum, the following
information:
(i) information on the proper use of hypodermic syringes and needles;
(ii) the risk of blood-borne diseases that may result from the use of hypodermic syringes and
needles;
(iii) methods for preventing the transmission or contraction of blood-borne diseases;
(iv) proper disposal practices for hypodermic syringes and needles, including information on safe
disposal and the relevant provisions of the environmental conservation law relating to the
unlawful release of regulated medical waste;
(v) the dangers of injection drug use and how to access drug treatment;
(vi) a toll-free number for information on the human immunodeficiency virus; and
(vii) a statement that it is legal for persons to possess syringes obtained pursuant to Article 33 of
the Public Health Law.
(b) Registration.
(1) Authorized providers must register with the Department in order to sell or furnish
hypodermic needles and/or syringes without a prescription pursuant to this section.
(2) Authorized providers must register with the Department in order to accept hypodermic
needles and/or syringes for purposes of disposal. Failure of an entity to register shall not affect
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its obligations to accept needles and syringes originating from a private residence when such
entity is already obliged to do so pursuant to Section 1389-dd of the Public Health Law.
(3) Registration shall be limited to authorized providers in good standing and will consist of
submission to the Department of a completed application in a form prescribed by the
commissioner, and receipt of the acceptance from the commissioner of such registration, prior to
the initiation of the selling or furnishing of hypodermic needles and syringes without a
prescription and or accepting hypodermic needles and/or syringes for disposal.
(4) The registration form must include, at a minimum, the following information:
(i) the name, address, license number, telephone number and fax number (if available) of the
authorized provider;
(ii) the name, address, telephone and electronic mail address, if available, of the individual
designated by the authorized provider to have administrative responsibility for the provider's
participation in the expanded syringe access demonstration program;
(iii) an attestation that the authorized provider will abide by the provisions of this section and the
provisions contained in the registration form with regard to the selling or furnishing of
hypodermic needles or syringes without a prescription;
(iv) a description of how the registrant will cooperate in the safe disposal of used hypodermic
needles or syringes, or will provide such services (pharmacies and health care practitioners are
not required to provide such services); and
(v) the signature of the individual authorized to sign the registration form on behalf of the
applicant.
(5) The registration period shall commence upon the acceptance of such registration by the
commissioner and shall remain valid for a period to coincide with the maximum allowed at the
time of registration under Section 3381 of the Public Health Law or until notice of termination
by the Department. Authorized providers shall notify the Department of any changes in the
information provided to the Department. Changes or corrections to such information shall be
submitted to the Department by the completion of a revised registration form as soon as possible
but no later than 30 days after such change. Should an authorized provider choose to withdraw
its registration, written notification of such intent must be provided to the Department. Such
withdrawal shall not be effective until receipt of such written notice is acknowledged by the
Department in writing.
(6) The name, address, and telephone number of the authorized provider may be used in the
development of, or included in, a registry of authorized providers for the purpose of informing
consumers of available authorized providers for the purposes of sale, furnishing, and/or disposal,
as specified on the registration form.
(c) Upon the finding of a violation of this section or when a registrant is no longer in good
standing, the commissioner may suspend, for a period up to one year, an authorized provider's
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ability to sell or furnish hypodermic needles or syringes, or to accept hypodermic needles or
syringes for disposal under this Section. Entities otherwise obliged to accept hypodermic needles
or syringes for disposal pursuant to Section 1389-dd of the Public Health Law shall not be
relieved from such obligation.
(d) Requirements for authorized providers for the purpose of selling and furnishing of
hypodermic needles and syringes without a prescription.
(1) After acceptance of the registration by the commissioner, an authorized provider may obtain
and possess such hypodermic syringes and needles for such purpose, provided that:
(i) such sale or furnishing shall only be to a natural person eighteen years of age or older;
(ii) each sale or furnishing is limited to a quantity of ten or less; and
(iii) the sale or furnishing shall be accompanied by a safety insert as described in paragraph
(a)(2) of this section. Such insert shall be attached to or included in the hypodermic syringe
and/or needle packaging, or provided in brochure form, at the point of sale or furnishing.
(2) In addition, a pharmacy:
(i) shall not advertise to the public the availability for retail or furnishing of hypodermic syringes
and needles without a prescription; and
(ii) shall, at any location where hypodermic syringes and needles are kept for retail furnishing,
store such syringes and needles in a manner that makes them available only to authorized
personnel and not openly available to customers.
(e) Authorized providers that accept needles and/or syringes for purposes of disposal shall adhere
to state and local public health and environmental conservation laws, rules, and regulations
related to the disposal of regulated medical waste.
(f) Possession. A natural person eighteen years of age or older may obtain and possess
hypodermic syringes and needles obtained pursuant to this Section.
(g) Applicability. The provisions of this section shall not apply to any sale, furnishing, or
possession of hypodermic needles or syringes which is lawful under Section 3381(1)(a) or (b) of
the Public Health Law.
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