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

1) Effective 2/23/13, are all strengths, formulations and combination products of hydrocodone a schedule II controlled substance in New York State?

Yes. PHL 3306

2) Is a physical inventory required for hydrocodone on 2/23/13?

Inventory of all controlled substances, including hydrocodone, shall be prepared and maintained in accordance with 10 NYCRR 80.111 and 10 NYCRR 80.112.

3) Are refills allowed for hydrocodone prescriptions?

No. Effective 2/23/13, hydrocodone is a schedule II controlled substance in New York State. 10 NYCRR 80.67

4) Are existing refills on a hydrocodone prescription valid on or after 2/23/13?

No. As with all prescriptions for schedule II drugs, hydrocodone prescriptions shall not be refilled.

5) Can a pharmacist dispense an original fill on a prescription for hydrocodone with refills issued prior to 2/23/13 but presented on or after 2/23/13?

Yes, provided the prescription is presented within 30 days from the date of issue and meets all laws and regulations for a schedule II controlled substance in New York State. However, any refills authorized on the prescription cannot be honored. 10 NYCRR 80.73

6) Can a pharmacist partially fill a prescription for hydrocodone on or after 2/23/13?

A prescription for hydrocodone may be partially filled if the pharmacy does not have sufficient quantity in stock to dispense the prescription, on or after 2/23/13. 10 NYCRR 80.73(l)

7) Can a practitioner orally authorize a prescription for hydrocodone on or after 2/23/13?

In an emergency, the prescribing practitioner may orally authorize a prescription for hydrocodone for up to a 5-day supply, on or after 2/23/13. The practitioner is responsible for delivering the follow-up Official New York State Prescription form to the pharmacist in accordance with 10 NYCRR 80.68.

8) What should the pharmacist do if a follow-up prescription for an emergency oral order for hydrocodone, phoned in on or after 2/23/13, is not received in the pharmacy in 72 hours?

If the pharmacist fails to receive the follow-up prescription, he or she shall notify the department in writing within 7 days from the date of dispensing the substance. DOH-4358

9) Can a nurse or an agent of a practitioner orally authorize a prescription for any controlled substance?

No. Only the prescribing practitioner may orally authorize a prescription for a controlled substance.

10 NYCRR 80.68 and 10 NYCRR 80.70

10) Is there any instance where a prescription for hydrocodone that exists in the pharmacy file, issued prior to 2/23/13, may be refilled on or after 2/23/13?

No.

11) Can a pharmacist create a new prescription and give it a new prescription number for the authorized refills written on a prescription for hydrocodone issued prior to 2/23/13?

No. All authorized refills are null and void on or after 2/23/13.

12) Can a Physician Assistant (PA) issue a prescription for hydrocodone on or after 2/23/13?

Yes, as long as the PA's DEA registration allows for schedule II controlled substances (PDF).

13) Is a DEA-222 form required when placing an order for hydrocodone on or after 2/23/13?

No. As of October 10, 2012, hydrocodone is listed as a schedule III controlled substance in the federal Code of Regulations.

14) Where should a hydrocodone prescription, dispensed on or after 2/23/13, be filed?

Hydrocodone prescriptions should be filed with the other schedule II prescriptions.

15) Can a pharmacist dispense a prescription for tramadol issued prior to 2/23/13 but presented on or after 2/23/13?

Yes, provided the prescription is presented within 30 days from the date of issue and meets all laws and regulations for a schedule IV controlled substance in New York State, and provided the pharmacist dispenses consistent with such laws and regulations.

16) Can a pharmacist dispense authorized refills on a prescription for tramadol that was issued prior to 2/23/13?

Yes, provided the pharmacist dispenses consistent with all laws and regulations for a schedule IV controlled substance, and provided the prescription meets all such laws and regulations including but not limited to the following:

  • The prescription is not older than 6 months from the date of issue
  • The number of authorized refills does not exceed five
  • The prescription is issued by a DEA registered practitioner
  • The DEA number is indicated on the prescription

17) Can a pharmacist dispense a prescription for tramadol submitted electronically prior to 2/23/13?

No. Electronic prescribing for controlled substances is not yet permissible in New York State. Please monitor the Bureau web page for future updates.

18) Can a pharmacist dispense authorized refills on an oral prescription for tramadol phoned in prior to 2/23/13?

No.

19) Does an inventory for tramadol need to be done on 2/23/13?

Every registrant who is required to keep records and who possesses any quantity of tramadol shall take an initial inventory of all stocks of tramadol on hand on or before 2/23/13. Thereafter, tramadol shall be included in each inventory made by the registrant. 10 NYCRR 80.111 and 10 NYCRR 80.112

20) Can a pharmacist dispense a prescription for carisoprodol submitted electronically prior to 11/25/12?

No. Electronic prescribing for controlled substances is not yet permissible in New York State. Please monitor the Bureau web page for future updates.