Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

May 15, 2017

NPs and PAs Can Now Officially Prescribe Buprenorphine for Opiate Dependency Treatment in New York

During 2016, the Comprehensive Addiction and Recovery Act (CARA) was passed by Congress in an attempt to improve addiction treatment. The law amended the Controlled Substance Act to allow Nurse Practitioners (NP) and Physician Assistants (PA) to prescribe buprenorphine (also known as Suboxone), a drug commonly used to treat opiate addiction.

Up until recently, New York regulations had not been amended to reflect this change in federal law. However, on May 3, 2017, an emergency regulation was issued by the New York Department of Health to amend the applicable regulation (10 NYCRR 80.84). This emergency regulation uses the word "practitioner" instead of "physician," thereby permitting NPs and PAs to prescribe buprenorphine in New York, effective May 3, 2017.

In order for an NP or PA to prescribe buprenorphine, they must receive 24 hours of initial training, complete a waiver notification form, send a copy of their training certification to The Substance Abuse and Mental Health Services Administration (SAMHSA), and await approval by SAMHSA. Once approved, NPs and PAs will receive an email confirming their waiver and a special Drug Enforcement Agency (DEA) identification number. This special DEA number must be included on all buprenorphine prescriptions for opiate addiction treatment, in addition to the regular DEA number.

Finally, with respect to buprenorphine prescribing for NPs and PAs, it is anticipated that the supervisory role of a physician and the language related to "collaborating/supervising physicians" will be addressed in the near future.


If you have questions or require further assistance regarding the information contained in this Legal Alert and the impact on your organization, please contact Susan A. Benz, Co-Chair of the Barclay Damon Health Care & Human Services Practice Area at sbenz@barclaydamon.com or Melissa M. Zambri, Co-Chair of the Barclay Damon Health Care and Human Services Practice Area at mzambri@barclaydamon.com.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Subscribe

Sign up to receive our latest news via email

Practice Areas

Featured Industries

New & Emerging Industry Practice Areas

Other

View our Privacy Policy

Featured Media

Alerts

"Essential Business" Defined for Real Estate Industry

Alerts

NY State Legislature Passes Budget and Includes Major Changes for Siting of Renewable Energy Projects

Alerts

New in-Service Distribution Event: Coronavirus-Related Distributions

Alerts

COVID-19's Impact on Cannabis Businesses

Alerts

COVID-19: NYSDEC DER Hits Play on Limited Essential Environmental Remediation, New York State Remains on PAUSE

Alerts

COVID-19: OCR Issues Guidance to Help Ensure First Responders, Others Receive PHI From Individuals Exposed to Virus

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out