N.Y. Public Health Law Section 3339
Refilling of prescriptions for controlled substances

1.

Prescriptions for a schedule II controlled substance and those schedule III or schedule IV controlled substances which the commissioner may require by regulation may not be refilled.

2.

A prescription, except for a schedule II controlled substance or those schedule III or schedule IV controlled substances which the commissioner may require by regulation 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 greater than six months from the date the prescription is signed. In the event that the prescription authorizes the dispensing of more than a thirty day supply of schedule III, schedule IV or schedule V substances pursuant to regulations of the commissioner enumerating conditions warranting specified greater supplies, the prescription may be refilled only once.

3.

Unless an earlier refilling is authorized by the prescriber, no prescription for a controlled substance may 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.

Source: Section 3339 — Refilling of prescriptions for controlled substances, https://www.­nysenate.­gov/legislation/laws/PBH/3339 (updated Sep. 22, 2014; accessed Jan. 31, 2026).

Green check means up to date. Up to date

Verified:
Jan. 31, 2026

Last modified:
Sep. 22, 2014

§ 3339. Refilling of prescriptions for controlled substances's source at nysenate​.gov

Link Style