Bureau of Narcotic Enforcement
BNE Newsletter
- Spring 2013 (PDF, 503KB)
Electronic Prescribing and Dispensing of Controlled Substances is now permissible in New York State Effective March 27, 2013 – Updated April 2013
Amendments to Title 10 NYCRR Part 80 Rules and Regulations on Controlled Substances have been adopted and became effective as final regulations on March 27, 2013. The amendments authorize a practitioner to issue an electronic prescription for controlled substances in Schedules II through V and allow a pharmacist to annotate, dispense and electronically archive such prescriptions. The amendments also require all practitioners and pharmacists engaging in electronic prescribing and dispensing of controlled substances to utilize computer applications that meet State and federal security requirements, and to register such computer applications with the Department of Health, Bureau of Narcotic Enforcement.
Pursuant to Public Health Law section 3302(37), an electronic prescription for controlled substances may only be issued in accordance with Department of Health regulations, as well as NYS Education Department regulations and federal requirements.
The federal requirements are included in the Drug Enforcement Administration Interim Final Rule regarding Electronic Prescriptions for Controlled Substances. The rule may be accessed via the U.S Department of Justice DEA Office of Diversion Control website.
NYS Education Department regulations may be accessed electronically
To view the Department of Health Recently Adopted Regulations, amendments to Title 10 NYCRR Part 80 Rules and Regulations on Controlled Substances may be accessed electronically:
- Go to www.health.ny.gov
- On the right side of the Home Page click on Laws and Regulations
- Under Rules and Regulations click on Recently Adopted Regulations (Prior Six Months)
- Click on March 27, 2013 – Electronic Prescribing, Dispensing and Recordkeeping of Controlled Substances
Effective March 27, 2015, all prescriptions issued in New York State will be electronic prescriptions, with certain limited exceptions. Please continue to visit this webpage for information pertaining to electronic prescribing of controlled substances.
Changes to Controlled Substance Schedules Section 3306 of the Public Health Law
Effective November 25, 2012 the following changes will be made to the controlled substance schedules in Section 3306 of the New York State Public Health Law. Where applicable, some common brand name pharmaceutical preparations containing the controlled substances are listed in bold:
Schedule II Additions:
- Tapentadol (Nucynta™)
- Immediate precursor to fentanyl: 4-anilino-N-phenethyl-4-piperidine (ANPP)
- Boldione (androsta-1,4-diene-3,17-dione)
- Desoxymethyltestosterone (17[alpha]-methyl-5[alpha]-androst-2-en-17[beta]-ol) (a.k.a., madol)
- 19-nor-4,9(10)-androstadienedione (estra-4,9(10)-diene-3,17-dione)
Schedule II Amendments:
- 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).
Schedule III Amendments:
- Language to clarify the description of dronabinol.
Schedule IV Additions:
- Fospropofol (Lusedra™)
- Carisoprodol (Soma®)
Schedule V Additions:
- Ezogabine (Potiga™)
- Lacosamide (Vimpat®)
Effective February 23, 2013 the following changes will be made to the controlled substance schedules in Section 3306 of the New York State Public Health Law. Where applicable, some common brand name pharmaceutical preparations containing the controlled substances are listed in bold:
Schedule II Additions:
- Hydrocodone (dihydrocodeinone) (Vicodin®, Lortab®, Tussionex®) This action renders all products containing hydrocodone, including but not limited to hydrocodone in combination with acetaminophen or ibuprofen, Schedule II.
Schedule III Deletions:
- Hydrocodone (dihydrocodeinone) (Vicodin®, Lortab®, Tussionex®) This action renders all products containing hydrocodone, including but not limited to hydrocodone in combination with acetaminophen or ibuprofen, Schedule II.
Schedule IV Additions:
- Tramadol (Ultram®, Ultracet®, Ryzolt™)
Practitioners and pharmacists are responsible for ensuring prescriptions for all controlled substances including the medications listed above conform to all requirements of the law and regulations, both federal and state. Article 33 of the Public Health Law and Title 10 Part 80 Rules and Regulations on Controlled Substances in New York State may be accessed via the Bureau of Narcotic Enforcement webpage
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
- Products are labeled as "bath salts".
- 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: Laws and Regulations
