On March 1, 2013, the NYSVMS reported to you that, under the I-STOP provisions of the 2012 Prescription Drug Reform Act, we secured exemptions for veterinarians having to consult the Prescription Monitoring Program (PMP) registry before prescribing a controlled substance. We also advised you that NYSVMS secured an exemption for veterinarians from the mandatory electronic prescribing of controlled substances. In addition, the I-STOP law did not include veterinarians in the provisions requiring that controlled substances be reported to the NYS Department of Health on a daily basis.
Last week we were first informed that the NYSDOH Bureau of Narcotics Enforcement, with support from the New York State Attorney General’s office, was not including any exemptions for dispensing practitioners in the regulations on recording dispensed controlled substances on a daily basis. The Attorney General holds a hard line on drug abuse in New York State in an effort to address a growing problem within the state. In this regard, the BNE has finalized regulations that now do not exempt veterinarians from recording their dispensed controlled substances on a daily basis.
The NYSVMS continues to maintain, in its most vehement and aggressive manner, that this regulatory change exposes pets in New York State to unnecessary suffering, is an unnecessary drain on veterinarian’s resources, and increases the regulatory burden placed on small businesses in rural areas where access to 24-hour pharmacy services is unavailable.
The NYSVMS agrees that curbing drug abuse and "doctor-shopping” in New York State is a top priority. But we believe the implementation of these regulations is not going to achieve the goals that everyone shares in curbing the abuse of controlled substances.
The NYSVMS will make this our single top priority. Our legislative and legal teams continue to work around the clock, talking with all NYS agencies involved in this issue. We are now reaching out to our colleagues in the medical and dental professions to explore opportunities to work collaboratively. We need to hear from our members about the challenges this new regulation will place on their ability to provide proper medical care to animals in New York State.
The NYSVMS is asking members to send letters and emails to Terence O’Leary, director of the Bureau of Narcotics Enforcement, and voice your concerns about the adverse effect this regulation will place on your clients, your patients and your practice. Letters can be faxed to (518) 402-0709, or emailed to firstname.lastname@example.org. We are also asking you to contact your local legislators to discuss the burden that this regulation (10 NYCRR Part 80.71.e) places on veterinary practices.
In an effort to support our members who need immediate guidance about how to comply with this new regulation, the NYSVMS is preparing an informational instruction sheet that clearly explains how to comply. This guidance will be sent to members later today and will also be available on our website.
The NYSVMS continues to advocate on your behalf, and we will not stop until we can achieve new legislation and regulations that grants us the exemption we were awarded earlier this year. But in the meantime, we are also committed to providing all the guidance and instruction you need to comply with this new regulatory change. We stand behind you and will put your dues dollars to work. We again welcome you to send your comments to email@example.com so that we can respond as needed.