Can a doctor call in a controlled substance prescription

Follow the instructions below to view the most current versions of the laws and regulations governing controlled substances and the official prescription forms in New York State.

Article 33 Public Health Law

• Visit Article 33 Public Health Law from the New York State Senate

Part 80 Controlled Substance Regulations

• Visit Part 80 Controlled Substance Regulations

Part 910 Official New York State Prescription Forms Regulations

• Visit Part 910 Official New York State Prescription Forms Regulations

Initial Physical Examination in Telemedicine - New September 2022

• 10 NYCRR §§80.62 and 80.63 require that no controlled substance prescription shall be issued prior to the physical examination of the patient by the practitioner under most circumstances. While a practitioner must perform the physical examination, the parameters for the examination may vary "as indicated" to conform to generally accepted medical standards, including taking into account the drug to be prescribed and the patient's condition, history, and disposition toward the use of controlled substances.
• A practitioner may rely on a record of a physical examination of the patient under certain conditions, pursuant to 10 NYCRR §80.63(d). A practitioner may prescribe a controlled substance to his or her own patient after a review of the patient's record if the record contains the results of a physical examination performed by a consulting physician or hospital and such record warrants the prescribing. The examination of record must have been performed specific to the diagnosis for which the prescription is being considered, and a new diagnosis may necessitate a new physical examination. Both practitioners must be licensed to practice in New York State (NYS).
• Although the Drug Enforcement Administration (DEA) has temporarily waived its requirement for an in-person physical exam during the COVID-19 emergency, NYS has not waived the requirement for an initial physical exam. However, during the federal public health emergency, the NYS Department of Health is permitting the prescribing of buprenorphine for medication-assisted treatment for Opioid Use Disorder (OUD) without the physical examination of the patient. No other controlled substances are subject to this temporary exception to NYS's independent requirements.
• New York State Guidance for Accessing Buprenorphine through Telemedicine (PDF)

Ioflupane Removed From Controlled Substance Schedules

Effective August 18, 2016, Ioflupane, an injectable radiopharmaceutical diagnostic tool, that is derived from cocoa leaves, and is used in testing for adult patients with suspected Parkinsonism syndromes, was removed from Schedule II of the New York State Controlled Substance Schedules. This substance is now considered a non-controlled substance. Please see Article 33 of New York State Public Health Law, Section 3306(4)(b).

New Legislation Enacted to Limit Initial Opioid Prescribing to a 7 Day Supply for Acute Pain.

TO FURTHER REDUCE OVERPRESCRIBING OF OPIOID MEDICATIONS, EFFECTIVE JULY 22, 2016, INITIAL OPIOID PRESCRIBING FOR ACUTE PAIN IS LIMITED TO A 7 DAY SUPPLY. A practitioner may not initially prescribe more than a 7-day supply of an opioid medication for acute pain. Acute pain is defined as pain, whether resulting from disease, accidental or intentional trauma, or other cause, that the practitioner reasonably expects to last only a short period of time. This rule SHALL NOT include prescribing for chronic pain, pain being treated as a part of cancer care, hospice or other end-of-life care, or pain being treated as part of palliative care practices. Upon any subsequent consultations for the same pain, the practitioner may issue, in accordance with existing rules and regulations, any appropriate renewal, refill, or new prescription for an opioid.

• Frequently Asked Questions (PDF)
• New York State Medicaid Pharmacy Update Special Edition – Seven Day Supply for Acute Pain Medicaid Fee-For-Service

Changes to Controlled Substance Schedules Section 3306 of the Public Health Law

• Frequently Asked Questions Part C Chapter 447 Laws of 2012 (Controlled Substance Schedule Changes)

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

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 accept, annotate, dispense and electronically archive such prescriptions.

The amendments require the following;

• Computer applications utilized must meet federal security 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. Contact your software vendor to determine if your application meets the above mentioned requirements.
• Computer applications meeting federal security requirements must be registered with the Department of Health, Bureau of Narcotic Enforcement.
• Pharmacy computer applications must use American Society for Automation in Pharmacy (ASAP) Version 4.2 or greater in order to receive electronic prescriptions for controlled substances and to report those transactions to 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. NYS Education Department regulations may be accessed electronically.

New York State Regulations related to Electronic Prescribing of Controlled Substances may also be accessed electronically.

On March 13, 2015, the New York State Legislature amended the Public Health Law and the Education Law to extend the implementation date for mandatory electronic prescribing to March 27, 2016.

Information regarding e-prescribing may be accessed at the following link: Electronic Prescribing of Controlled Substances

Electronic Prescriptions and Records for Hypodermic Needles and Hypodermic Syringes - Updated October, 2013

Amendments to Title 10 NYCRR Part 80 Rules and Regulations on Controlled Substances have been adopted and became effective as final regulations on October 9, 2013. The amendments specify the manner in which a practitioner may issue a prescription, including an electronic prescription, for hypodermic needles and syringes and would specify how a pharmacist should dispense and electronically archive such prescriptions. Pursuant to Public Health Law section 3381, a prescription for hypodermic needles and syringes may only be issued in accordance with Department of Health and NYS Education Department regulations.

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 October 9, 2013 – Electronic Prescriptions and Records for Hypodermic Needles and Hypodermic Syringes

Prescription Drug Reform Act Internet System for Tracking Over-Prescribing (I-STOP) - Updated September, 2013

Amendments to Title 10 NYCRR Part 80 Rules and Regulations on Controlled Substances have been adopted and became effective as final regulations on August 27, 2013. The amendments specify the manner in which a practitioner must consult the Prescription Monitoring Program (PMP), and certain exceptions to that requirement. They clarify the practitioner's and pharmacist's ability to authorize a designee to consult the PMP on their behalf. The amendments change the frequency by which dispensing practitioners and pharmacies must submit dispensed controlled substance data to the Department of Health (Department), and include a requirement for reporting that no controlled substances were dispensed.

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 August 27, 2013 – Prescription Monitoring Program

Commissioner's Ruling

• Commissioner's Ruling - Exempt Distribution
• Commissioner's Ruling - Patient Assistance Programs
• Commissioner's Ruling - Exempt Distribution to Facilitate Humanitarian Relief Efforts in Response to the Haitian Natural Disaster of January 2010

Publications

• Exempt Health Care Facilities List (PDF, 155KB, 9pg.)
• Pharmacist's Add/Change Reference for Controlled Substance Prescriptions (PDF, 79KB, 1pg.)
• Tell Your Doctor... It's the Law - Poster (PDF, 113KB, 1pg.)
• We ID... It's the Law - Poster (PDF, 116KB, 1pg.)

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