- 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:
Frequently Asked Questions (FAQs) regarding these changes to the controlled substance schedule can be found at the following website:
- 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
- Dental Hygiene
- Landscape Architecture
- Land Surveying
- Massage Therapy
- 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
- In the case of coupons, including Internet coupons, licensed professionals who advertise these discounts should be cautious. Generally speaking, discounts cannot be limited to one segment of your practice without offering the same discount to the rest of your practice. Additionally, the fee you pay for these advertising services may constitute fee splitting. The offering of improper discounts and/or the improper sharing of professional fees may subject a licensee to charges of professional misconduct.
There are several definitions of unprofessional conduct in Part 29 of the Rules of the Board of Regents which may be implicated by the use of coupons, including paragraphs 29.1(b)(2), (3), (4), and (12). The actual language of the Regents Rules is available at: http://www.op.nysed.gov/title8/part29.htm.
April 23, 2013