senate Bill S5880

Amended

Designates tramadol as a schedule III narcotic drug, and eliminates certain hydrocodone compounds from the list of schedule III narcotic drugs; repealer

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Sep / 2011
    • REFERRED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 10 / Jan / 2012
    • 1ST REPORT CAL.35
  • 18 / Jan / 2012
    • 2ND REPORT CAL.
  • 19 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 06 / Feb / 2012
    • AMENDED ON THIRD READING (T) 5880A
  • 13 / Feb / 2012
    • PASSED SENATE
  • 13 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Feb / 2012
    • REFERRED TO HEALTH

Summary

Designates tramadol as a schedule III narcotic drug, and eliminates hydrocodone from the list of schedule III narcotic drugs; provides that such compounds shall continue to be handled by licensed distributors in the manner applicable to schedule III controlled substances.

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Bill Details

See Assembly Version of this Bill:
A9018
Versions:
S5880
S5880A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Rpld §3306 sub (e) ¶¶3 & 4, amd §3306, Pub Health L

Votes

14
0
14
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S5880

TITLE OF BILL:
An act
to amend the public health law, in relation to designating
tramadol as a
schedule III narcotic drug; and
to repeal paragraphs 3 and 4 of subdivision (e) of schedule III of
section 3306 of such law relating to the designation of
hydrocodone as a schedule III narcotic drug

PURPOSE:
This bill would place greater controls on hydrocodone, a highly
addictive prescription pain medication, by moving it from a schedule
III to a schedule II controlled substance. It also includes Tramadol,
another opioid based prescription pain medication, to the list of
schedule III controlled substances.

SUMMARY OF PROVISIONS:
Section one of the bill amends section 3306 of the public health law
to remove from schedule III controlled substances under subdivision
(e) paragraphs (3) and (4) which refer to those drug that contain
hydrocodone. Hydrocodone, like oxycodone, is already listed as a
schedule II opioid. By removing these references in schedule III to
drugs containing hydrocodone, all such medication will be classified
in the more restrictive schedule II. It also adds a new paragraph
(10) to include Tramadol, a currently unscheduled opiod, as a
schedule III controlled substance.

Section two of the bill provides for an immediate effective date.

EXISTING LAW:
Drugs containing hydrocodone are currently listed under schedule III
of the controlled substance statute section 3306 of the Public Health
Law. Hydrocodone itself is listed under schedule 11, however it is
not sold in its pure form. Tramadol is not currently listed as a
controlled substance.

JUSTIFICATION:
New York State, like the nation, is in the midst of a severe
prescription drug epidemic.
Prescriptions for opioids, particularly oxycodone and hydrocodone,
have skyrocketed and are second only to marijuana among abused drugs.
In New York City drug related ER visits increased 40% between 2004
and 2009 with fatalities from opioid overdoses alone increasing by
20% between 2005 and 2009.

According to information shared at a Senate Roundtable on
Prescription Drug Abuse held in August 2011
(see: http://www.nysenate.gov/committee/health)
the dramatic rise in abuse
of hydrocodone, which is sold as vicodin, norco and lortab, is of
particular concern. These medications are as addictive as the
better-known oxycodone, morphine and heroin, however the federal
government, and in turn the states, list hydrocodone on the less
restrictive schedule III of controlled substances. This means that


unlike schedule II controlled substances, prescribers can give up to
5 refills without a doctors visit.

The FDA and DEA have been studying whether to move hydrocodone based
drugs into schedule II controlled substances for over ten years.
During this period prescriptions for hydrocodone have soared as have
deaths from overdoses and violent pharmacy robberies by those
addicted or seduced by the lucrative black market for this highly
sought after prescription.

Hydrocodone was the drug stolen in the June 2011 robbery of a Medford
pharmacy in which four people were gunned down. Moving the drug to a
schedule II narcotic will enhance existing penalties for people who
possess or sell large quantities of hydro cod one. The Special
Narcotics Prosecutor of NYC will also be able to prosecute cases
involving hydrocodone in boroughs outside of Manhattan once the drug
is reclassified.

Tradadol, another opioid with addictive qualities a little less than
hydrocodone and oxycodone, has not been added to the list of
controlled substances at all. While the federal government continues
to study whether to include it on the schedule, the number of
prescriptions for it continue to rise as do those seeking help for
tramadol addiction. It has been recommended that Tramadol be included
as a schedule III controlled substance. This would limit the number
of refills for Tramadol to 5 without a doctors visit and pharmacists
would have to store the medicine more securely.

New York can no longer wait for the federal government to take
action. We must reschedule hydrocodone to restrict its use and add
tramadol to the list of controlled substances as this bill does.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Savings as drug diversion and addiction are reduced.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5880

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            September 9, 2011
                               ___________

Introduced  by Sens. HANNON, MARCELLINO, KLEIN -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the public health law, in relation to designating trama-
  dol as a schedule III narcotic drug; and to repeal paragraphs 3 and  4
  of  subdivision (e) of schedule III of section 3306 of such law relat-
  ing to the designation of hydrocodone as a schedule III narcotic drug

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraphs  3 and 4 of subdivision (e) of schedule III of
section 3306 of the public health law are REPEALED and a  new  paragraph
10 is added to read as follows:
  (10) TRAMADOL IN ANY QUANTITIES.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13421-02-1

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