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 prescribing 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 the interim final rule, the DEA has established certain requirements that must be met for any computer application to be used for electronic prescribing of controlled substances. Prescribers and pharmacists are encouraged to view the DEA interim final rule for further information pertaining to those requirements. The rule may be accessed via the U.S Department of Justice DEA Office of Diversion Control website.
Chapter 178 of the Laws of 2010 enacted a bill to allow electronic prescriptions for controlled substances in New York. The Department of Health (DOH) is currently working on the corresponding regulations. Until such notice, regulations as written in Title 10 Part 80 Rules and Regulations on Controlled Substances in New York State apply. Electronic prescribing of controlled substances is not yet permissible in New York State.
Electronic prescriptions for non-controlled substances are permitted in New York State under the authority of the New York State Education Department.
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
