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.

Prescribing Controlled Substances Using Telemedicine Upon Expiration of the Federal COVID-19 Public Health Emergency

Updated May 2023

Following the end of the federally declared public health emergency due to COVID-19, it is necessary for New York State patients to maintain access to medically necessary controlled substance medications, including through the use of telemedicine.

Pursuant to 10 NYCRR 80.63(d)(1), no controlled substance prescription shall be issued prior to the examination of the patient by the practitioner, except in limited circumstances. Please keep in mind that this examination may be conducted through telemedicine, provided that practitioners are in compliance with the Drug Enforcement Administration (DEA) rule entitled "Temporary Extension of COVID-19 Telemedicine Flexibilities for Prescription of Controlled Medications."

In addition to this requirement, practitioners must comply with all other applicable Federal and State laws, including New York State regulations for consulting the Prescription Monitoring Program (PMP) Registry when writing prescriptions for Schedule II, III, and IV controlled substances, and the use of electronic prescribing.

Prescription Monitoring Program Registry Confidential Drug Utilization Report Redesign

Updated April 2023

In May 2023, the Bureau of Narcotic Enforcement will be releasing an update to the Prescription Monitoring Program (PMP) Registry Confidential Drug Utilization Report.. This initiative was developed by the New York State Department of Health with the aim of improving patient safety and reducing the risk of medication-related overdoses.

Updates include:

  • A streamlined presentation of patient demographic information
  • Indicators for opioid, benzodiazepine, and stimulant prescriptions, including identification of current prescriptions.
  • Indicators for multiple provider episodes

A revised version of How to Read a Confidential Drug Utilization Report for a New York State Patient Search is available within the Prescription Monitoring Registry, Search Results Help section. This document provides additional details on how to use the updated patient search results report.

Mainstreaming Addiction Treatment Act

Updated January 2023

The Mainstreaming Addiction Treatment (MAT) Act was signed into federal law and became effective on December 29, 2022. Important changes resulting from the MAT Act include the:

  • Elimination of the requirement for a special registration through the federal Drug Enforcement Administration (commonly referred to as an X-waiver) to prescribe or dispense buprenorphine for the treatment of opioid use disorder (OUD).
  • Elimination of the limitations on the number of patients a practitioner was permitted to treat with buprenorphine for OUD.

A practitioner holding a standard DEA registration may now prescribe buprenorphine for the treatment of OUD, without limitation to the number of patients. Nothing in 10 NYCRR §80.84 should be interpreted to contradict these changes.

Annual Opioid Antagonist Prescription Requirement – Effective June 2022

Chapter 803 of the Laws of 2021 became effective on June 28, 2022, adding a provision to New York State’s opioid overdose prevention statute. The new Public Health Law Section 3309(7) requires prescribers in most settings to prescribe an opioid antagonist with the first opioid prescription to a particular patient each year when any of the following risk factors are present:

  • A history of substance use disorder;
  • High dose or cumulative prescriptions that result in 90 morphine milligram equivalents or higher per day; or
  • Concurrent use of opioids and benzodiazepine or nonbenzodiazepine sedative hypnotics.

This requirement shall not apply to prescriptions written in the following settings:

  • General Hospitals or Nursing Homes licensed under Article 28 of the Public Health Law;
  • Facilities or Mental Health Facilities licensed under Article 31 of the Mental Hygiene Law; and
  • Patients under Hospice Care as defined in Article 40 of the Public Health Law.

Text of the new law is visible here: Section 3309 - Opioid overdose prevention.

New York State Opioid Stewardship Act

On November 1, 2022, the Department issued quarterly invoices for ratable shares for the 2018 calendar year, with the first payment due on or before January 1, 2023. (Subsequent due dates: April 1, 2023, July 1, 2023 and October 1, 2023.) Licensees are welcome to submit the full annual payment (indicated by “Total 2018 Annual Amount Due” on the invoice).

NYS Prescription Monitoring Program (PMP) Instructional Videos

Instructional videos for New York State Prescription Monitoring Program (PMP) users are available for several NYS PMP topics. These videos give on-line guidance in the use of various features and functions of the PMP. The trainings may also be accessed from within the PMP Help area. An HCS account is necessary for viewing.

  • NYS Prescription Monitoring Program (PMP) Practitioner Reports: This video provides a demonstration for practitioners on how to use search tools to review practitioner history.
  • NYS Prescription Monitoring Program (PMP) Assigning a Designee: This video provides a demonstration for practitioners on how to make designee assignments.
  • NYS Prescription Monitoring Program (PMP) Reporting Suspicious Activity: This video provides a demonstration for practitioners on how to report suspicious activity.
  • NYS Prescription Monitoring Program (PMP) Requirements for New to Practice Residents and Interns: This training reviews requirements and process for using the Prescription Monitoring Program (PMP) Registry for new to practice residents and interns in medical teaching facilities.

New York State Opioid Excise Tax

Important Update: The Department of Health’s Opioid Annual Report for 2022 transactional activity is due on April 20, 2023.

New York State Drug Take Back Act

Prescription Monitoring Program (PMP)

An on-line instructional webinar is available which covers a variety of topics associated with the New York State Prescription Monitoring Program Registry (PMP) including the use of the PMP registry search and use of the PMP Data Collection Tool.

Prescribers and pharmacists can earn 1.0 hour of free ACCME or ACPE continuing education for completing this program. The webinar, done in collaboration with the University at Buffalo, can be accessed at PMP Instructional Webinar

Written Treatment Plan for Opioid Prescribing

Effective April 1, 2018, a written treatment plan in the patient’s medical record is required if a practitioner prescribes opioids for pain that has lasted for more than three months or past the time of normal tissue healing.

Addiction and Substance Use Disorder Educational Resource

To address the increase in substance use disorders, the Bureau of Narcotic Enforcement, the Office of Alcoholism and Substance Abuse Services, and the Education Department have created the New York State Addiction and Substance Use Disorder Educational Resource flash drive. The flash drive will be offered at no charge to New York State schools as a guide for personal conversations and community forums to help prevent and address substance use among young people. A list of resources with online links can be found in the Resource letter below.

Prescription Monitoring Program (PMP)

Mandatory Prescriber Education

Prescribers licensed in New York to treat humans and who have a DEA registration number to prescribe controlled substances, as well as medical residents who prescribe controlled substances under a facility DEA registration number, must complete at least three (3) hours of course work or training in pain management, palliative care, and addiction. The course work or training must be completed once every three years, and an attestation confirming completion made to the Department. Click on the following link for more information and guidance.

Guideline for 'Waste' Disposal System Use

Important Facts About Controlled Substance Prescription Medications

Mandatory Electronic Prescribing Effective March 27, 2016

Opioid Treatment Guidelines and Other Information for Healthcare Professionals and Patients Center for Disease Control and Prevention (CDC)