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Subject Number 046-1227 Adoption on Emergency Basis and Proposal of Amendment to 12 NYCRR 441.2

Board Bulletins and Subject Numbers

Date: November 5, 2019

The Chair has adopted on an emergency basis an amendment to 12 NYCRR 441.2, and proposed the amendment to 12 NYCRR 441.2 to create Special Consideration #4 for the New York Workers’ Compensation Formulary (NY WC Formulary) that provides for prescription and dispensing of formulary drugs when there is no New York Workers’ Compensation Medical Treatment Guideline (NY WC MTG), or for a condition directly associated with an established/accepted body part, but not specifically addressed in the NY WC MTG.

There are also several changes to the drugs included in the NY WC Formulary. For a specific description as to what has changed, go to NY WC Formulary Changes. A Notice of Emergency Adoption and Proposed Rulemaking will be published in the November 20, 2019, edition of the State Register. This emergency rulemaking will be effective for 90 days from its filing on November 5, 2019. Comments on the proposal will be accepted for 60 days after publication. Please submit comments by emailing regulations@wcb.ny.gov.

Clarissa M. Rodriguez
Chair