Narcotic Enforcement
Changes to Controlled Substance Schedules in New York State
Effective August 14, 2011, the following changes were made to the controlled substance schedules in Section 3306 of the New York State Public Health Law. The changes are summarized below.
Effective October 13, 2010, the following changes were made to the controlled substance schedules in Section 3306 of the New York State Public Health Law. The changes are summarized below. Where applicable, some common brand name pharmaceutical preparations containing the controlled substances are listed in bold:
Schedule II Additions
- Oripavine
- Lisdexamfetamine (i.e., Vyvanse)
- Language defining an anabolic steroid was amended: Unless specifically excepted or unless listed in another schedule, "anabolic steroid" shall mean any drug or hormonal substance, chemically and pharmacologically related to testosterone (other than estrogens, progestins, corticosteroids and dehydroepiandrosterone) that promotes muscle growth, or any material, compound, mixture or preparation which contains any amount of the following substances:
Schedule III Additions
- Embutramide (i.e., Embutane)
Schedule IV Additions
- The new law made no additions to Schedule IV.
Schedule V Additions
- Pregabalin (i.e., Lyrica)
Electronic Prescriptions for Controlled Substances
The March 31, 2010 Federal Register contained a Drug Enforcement Administration (DEA) Interim Final Rule with Request for Comment regarding Electronic Prescriptions for Controlled Substances. The DEA has revised its regulations to provide practitioners with the option of writing prescriptions for controlled substances electronically. The regulations also permit pharmacies to receive, dispense and archive these electronic prescriptions. The DEA rule became effective June 1, 2010.
In anticipation of adoption of the DEA rule, the Department of Health has been working to update its regulations to allow for electronic prescribing of controlled substances in New York State. However, until such time as the corresponding State regulations are adopted, electronic prescribing of controlled substances is not permissible in New York State.
Under current parameters established by the New York State Board of Pharmacy, prescriptions for non-controlled substances may continue to be transmitted to a pharmacy. At this time, an Official Prescription is not utilized for electronic prescribing of non-controlled substances and a serial number is not needed.
Attention New York State Prescribers
Public Health Law requires that all prescriptions written in New York State be issued on an official New York State prescription form. The law was enacted to combat prescription fraud and went into effect on April 19, 2006.
Register and Order Official Prescriptions Free of Charge
About the Bureau of Narcotic Enforcement
The Bureau of Narcotic Enforcement (BNE) is responsible for protecting the public health by combating the illegal use and trafficking of prescription controlled substances. The Bureau provides millions of secure Official New York State Prescriptions annually to over 95,000 prescribing practitioners across the State. BNE monitors and regulates controlled substances through its issuance of licenses to manufacturers, distributors, hospitals, nursing homes, and researchers. BNE Narcotic Investigators investigate suspected drug diversion or illegal sales involving theft, forgery, and fraudulent visits to practitioners' offices, and work closely with local, state and federal law enforcement. The Bureau also prevents prescription drug abuse through educational materials and presentations for parents, educators, and healthcare professionals.
Footnotes
- 1. Products are labeled as "bath salts".
- 2. Please refer to ยง3306 Article 33 of the Public Health Law, Schedule II (h). Article 33 may be accessed via the Bureau of Narcotic Enforcement webpage: http://www.health.ny.gov/professionals/narcotic/laws_and_regulations.htm
