Advisory Notices

Changes to the Controlled Substance Schedules in Section 3306 of the New York State Public Health Law
Per the Bureau of Narcotic Enforcement (http://www.health.ny.gov/professionals/narcotic/), 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® , Ultacet® , 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 following website:

http://www.health.ny.gov/professionals/narcotic/laws_and_regulations.htm

Frequently Asked Questions (FAQs) regarding these changes to the controlled substance schedule can be found at the following website:

http://www.health.ny.gov/professionals/narcotic/laws_and_regulations/part_c-chapter_447-laws_of_2012-faq.htm


U.S. Court of Appeals Decision on Litigation Involving 13 Professions that Require U.S. Citizenship or Permanent Lawful Residence for Licensure
Please be advised that in accordance with the decision of the United States Court of Appeals, Second Circuit, in Dandamudi v Tisch, No. 10-4397- CV, 2012 WL 2763281 (July 10, 2012), we will consider applications for licenses from individuals who would otherwise be barred from licensure by statutory requirements of citizenship or permanent residency, in one the following professions:

  • Certified Shorthand Reporting
  • Chiropractic
  • Dentistry
  • Dental Hygiene
  • Landscape Architecture
  • Land Surveying
  • Massage Therapy
  • Medicine
  • Midwifery
  • Pharmacy
  • Professional Engineering
  • Veterinary Medicine
  • Veterinary Technology

If you believe you meet these requirements, please submit an application for licensure to the Department and we will process your application accordingly.


Internet Coupons/Vouchers
Generally speaking, the offering of internet coupons/vouchers, in situations in which the recipient of the coupon/voucher has initiated contact with the marketing organization and requested notification of deals, may be structured in a manner that does not constitute a prohibited fee-splitting or referral fee arrangement, as long as the negotiated fee between the internet coupon/voucher advertiser and licensee represents reasonable compensation for the cost of advertising, including a reasonable profit.  However, because there are numerous possible variations in the types of advertising arrangements, each arrangement must be analyzed on its own facts in accordance with applicable statutory and regulatory provisions, including provisions relating to the exercise of undue influence on a patient or client, fee splitting, referral feels, and prohibitions against false and misleading advertising (Education Law section 6509-a and section 29.1[b][2], [3], [4], and [12] of the Rules of the Board of Regents).
 
The actual language of section 6509-a is available at: http://www.op.nysed/gov/title8/subart3.htm#dla
          The actual language of the Regents Rules is available at: http://www.op.nysed.gov/title8/part29.htm.
Last Updated: March 31, 2014