Article 33 Public Health Law ADMINISTRATIVE RULES AND REGULATIONS with extracts from THE PENAL LAW and CODE OF CRIMINAL PROCEDURE Revised to June 30, 1954 NEW YORK STATE DEPARTMENT OF HEALTH HERMAN E. HILLEBOE, M.D. Commissioner (For marihuana see cannabis, section 3301, subdivisions 21 and 26; section 3305, and Penal Law, section 1753.) Penal Law extracts; also Code of Criminal Procedure on pages 21 to 26. RULES AND REGULATIONS ON NARCOTIC CONTROL Pursuant to authority vested in him by Section 3302 of the Public Health Law, the State Commissioner of Health has promulgated the following rules and regulations concerning narcotic control: 1. Display of licenses and certificates. A narcotic license or certificate of approval shall be prominently displayed in the place to which it applies. 2. Validity of licenses and certificates. No narcotic license or certificate of approval shall be considered valid and in good standing unless the indicated activity is conducted at the address stated thereon. 3. Return of licenses and certificates. A narcotic license or certificate of approval shall be promptly returned to the department upon revocation or suspension or when the activity for which the applicant is licensed or approved has been discontinued. 4. Ordering narcotics for professional use. No physician, dentist or veterinarian shall obtain narcotic drugs for his professional use except by means of his official written order form. 5. Self-treatment of addiction. A person authorized by law to obtain narcotic drugs on official written order forms shall not use such drugs for the treatment of his own addiction. 6. Manner of writing prescriptions. The body of a narcotic prescription shall be filled in with ink, indelible pencil or typewriter. The signature of the physician must be in ink or indelible pencil. 7. Filling of prescriptions. No prescription calling for a mixture containing narcotics and other ingredients shall be filled by supplying only the narcotic drug. 8. Receipts for prescriptions. Narcotic prescriptions which are on file at a pharmacy and which may be required as evidence of a violation by others than the pharmacist or his employees, shall be released to a narcotic investigator upon his request and upon furnishing a receipt therefor on a form provided for that purpose bearing the notation: In order to conform to Art. 174 of the Harrison Act and Sec. 3322 of the New York State Narcotic Drug Law, this RECEIPT MUST BE KEPT ON FILE for at least TWO (2) years. 9. Availability of records. All records shall be readily available and promptly produced upon request for inspection by a narcotic investigator. PUBLIC HEALTH LAW ARTICLE 33 Narcotic Control Title I. General provisions (§§ 3300-3306). II. Licenses and approvals (§§ 3310-3314). III. Manufacture, sale and distribution of narcotic drugs (§§ 33203325). IV. Possession and use of narcotic drugs; records (§§ 3330-3334). V. Narcotic drug addiction (§§ 3340-3344). VI. Enforcement; violations and penalties (§§ 3350-3354). 3302. Narcotic control; powers and duties of the commissioner. 3303. Narcotic control; advisory board. 3304. Narcotic control; quasi-judicial powers of commissioner. 3305. Narcotic control; acts prohibited; in general. 3306. Repeal of inconsistent laws. § 3300. Short title. This article shall be known as the narcotic drug control act. 8 3301. Definitions. The following words and phrases, as used in this article, shall have the following meanings, unless the context otherwise requires: 1. "Federal narcotic laws" means the laws of the United States relating to opium, coca leaves, and other narcotic drugs. 2. "Person" includes any corporation, association, co-partnership, or one or more individuals. 3. "Physician" means a person authorized by law to practice medicine or osteopathy in this state and to use narcotic drugs in connection with his professional practice. 4. "Dentist" means a person authorized by law to practice dentistry in this state and to use narcotic drugs in connection with such practice. 5. "Veterinarian" means a person authorized by law to practice veterinary medicine in this state and to use narcotic drugs in connection with such practice. 6. "Manufacturer" means a person authorized by law to manufacture bottle or pack drugs in this state and who is further licensed by the department to compound, mix, cultivate, produce or prepare narcotic drugs, but does not include an apothecary who compounds narcotic drugs to be sold or dispensed on prescriptions at retail. 7. "Manufacturer of exempt narcotic preparations" means a person authorized by law to manufacture, bottle or pack drugs in this state and who is further licensed by the department to so produce the compounds defined in this article as exempt narcotic preparations, but does not include an apothecary who compounds such preparations to be sold or dispensed on prescriptions at retail. |