N.Y. Public Health Law 3342 – Dispensing and administering by institutional dispensers
§ 3342. Dispensing and administering by institutional dispensers. 1. An institutional dispenser may cause controlled substances to be administered or dispensed for use on its premises or for the immediate care or treatment of a patient lawfully being transferred in an emergency situation, as defined by rule or regulation of the commissioner, to an alternative medical facility only pursuant to a written order by a practitioner for medication. Such orders shall be made and preserved in the manner and form as the commissioner shall, by regulation, prescribe.
Terms Used In N.Y. Public Health Law 3342
- Commissioner: means commissioner of health of the state of New York. See N.Y. Public Health Law 3302
- Department: means the department of health of the state of New York. See N.Y. Public Health Law 3302
- Dispense: means to deliver a controlled substance to an ultimate user or research subject by lawful means, including by means of the internet, and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See N.Y. Public Health Law 3302
- Institutional dispenser: means a hospital, veterinary hospital, clinic, dispensary, maternity home, nursing home, mental hospital or similar facility approved and certified by the department as authorized to obtain controlled substances by distribution and to dispense and administer such substances pursuant to the order of a practitioner. See N.Y. Public Health Law 3302
- Pharmacy: means any place registered as such by the New York state board of pharmacy and registered with the Federal agency pursuant to the federal controlled substances act. See N.Y. Public Health Law 3302
- Practitioner: means :
A physician, dentist, podiatrist, veterinarian, scientific investigator, or other person licensed, or otherwise permitted to dispense, administer or conduct research with respect to a controlled substance in the course of a licensed professional practice or research licensed pursuant to this article. See N.Y. Public Health Law 3302 - Prescribe: means a direction or authorization, by prescription, permitting an ultimate user lawfully to obtain controlled substances from any person authorized by law to dispense such substances. See N.Y. Public Health Law 3302
- Prescription: shall mean an official New York state prescription, an electronic prescription, an oral prescription or an out-of-state prescription. See N.Y. Public Health Law 3302
2. An institutional dispenser may dispense controlled substances for use off its premises only pursuant to a prescription, prepared and filed in conformity with this title, provided, however, that, in an emergency situation as defined by rule or regulation of the department, a practitioner in a hospital without a full-time pharmacy may dispense controlled substances to a patient in a hospital emergency room for use off the premises of the institutional dispenser for a period not to exceed twenty-four hours.
3. An institutional dispenser shall maintain records of all controlled substances dispensed and administered in such manner as the commissioner shall, by regulation, require.