senate Bill S6066

Establishes the class B felony of criminal sale of a controlled substance by a practitioner or pharmacist

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Bill Status


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

  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 18 / Jan / 2012
    • 1ST REPORT CAL.65
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 13 / Feb / 2012
    • PASSED SENATE
  • 13 / Feb / 2012
    • DELIVERED TO ASSEMBLY
  • 13 / Feb / 2012
    • REFERRED TO CODES

Summary

Establishes the class B felony of criminal sale of a controlled substance by a practitioner or pharmacist.

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Bill Details

Versions:
S6066
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง220.66, Pen L

Sponsor Memo

BILL NUMBER:S6066

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the class B felony
of criminal sale of a controlled substance by a practitioner or
pharmacist

PURPOSE OR GENERAL IDEA OF BILL:
This bill would create a new crime to address that small group of
practitioners and pharmacists who operate pill mills or fill
prescriptions for controlled substance medications (such as pain
medications) other than in good faith in the course of their practice.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 220.66 to the penal law
defining a new crime of "Criminal sale of a controlled substance by a
practitioner or pharmacist." The language makes clear that the
practitioner or pharmacists must act "other than in good faith in the
course of his or her professional practice" to be guilty of the crime.

Section 2 of the bill provides for an effective date.

JUSTIFICATION:
Overdose deaths from prescription pain killers have reached epidemic
proportions in the United States. In fact, according to a recent
report of the Center for Disease Controls and Prevention (CDC), more
people die from prescription drug overdoses than heroin or cocaine
combined. In New York City alone, drug related ER visits increased
40% between 2004 and 2009, and fatalities from opioid overdoses
increased by 20% between 2004 and 2009. In addition to the overdoses,
the opioid abuse epidemic results in expenditure of enormous law
enforcement and addiction treatment resources, not to mention the
pain and suffering of the families affected by the addiction. Dr.
Shah, Commissioner of the NYS Department of Health was recently
quoted as saying "Crimes involving the illegal distribution of
prescription drugs are a serious threat to the public's health and
safety and must be addressed with every tool at government's
disposal." This bill represents one of those tools that should be
available to combat New York's prescription drug abuse epidemic.

New York already has a provision in the penal law that deals with
physicians illegally prescribing controlled substances. That statute
was recently used to indict Dr. Li who, according to reports, was
running a pain clinic in Queens on the weekends where "patients"
lined up before
the doors opened. Dr. Li saw as many as 120 "patients" a day at the
clinic, which had been operating since January 2009. While the
indictment of Dr. Li relates to one patient, Michael Cornetta (who
ultimately died of an overdose), it is believed as many as 9 people
may have died as a result of his illegal prescribing. Dr. Li also
reportedly prescribed more than 2,500 pain pills to the gunman who
killed 4 people in a Medford, Long Island Pharmacy (and stole 10,000
hydrocodone pills) in June 2011.


New York currently lacks a similar provision in the penal law to
address that small but often active group of practitioners and
pharmacists who illegally and knowingly dispense the controlled
substances. This bill fills that hole by creating in the penal law
the crime of "criminal sale of a controlled substance by a
practitioner or pharmacist." It is one of those important tools
needed in New York to address this growing problem.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
November 1, next succeeding the date upon which it shall have become
law.

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

                                  6066

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sens.  HANNON, SALAND, DeFRANCISCO, FUSCHILLO, GALLIVAN,
  JOHNSON, LAVALLE, RANZENHOFER -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Codes

AN  ACT  to amend the penal law, in relation to establishing the class B
  felony of criminal sale of a controlled substance by a practitioner or
  pharmacist

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

  Section  1. The penal law is amended by adding a new section 220.66 to
read as follows:
S 220.66 CRIMINAL SALE OF A CONTROLLED SUBSTANCE BY  A  PRACTITIONER  OR
           PHARMACIST.
  A  PERSON  IS  GUILTY  OF CRIMINAL SALE OF A CONTROLLED SUBSTANCE BY A
PRACTITIONER OR PHARMACIST WHEN, BEING A PRACTITIONER OR PHARMACIST,  AS
THOSE  TERMS  ARE  DEFINED  IN  SECTION  THIRTY-THREE HUNDRED TWO OF THE
PUBLIC HEALTH LAW, OR A PHARMACY INTERN ACTING IN  CONFORMITY  WITH  THE
PROVISIONS  OF  SECTION SIXTY-EIGHT HUNDRED SIX OF THE EDUCATION LAW AND
ANY REGULATIONS ADOPTED PURSUANT THERETO IN A REGISTERED PHARMACY, HE OR
SHE KNOWINGLY AND UNLAWFULLY  SELLS  A  CONTROLLED  SUBSTANCE.  FOR  THE
PURPOSES  OF  THIS SECTION, A PERSON SELLS A CONTROLLED SUBSTANCE UNLAW-
FULLY WHEN HE OR SHE DOES SO OTHER THAN IN GOOD FAITH IN THE  COURSE  OF
HIS OR HER PROFESSIONAL PRACTICE.
  CRIMINAL  SALE  OF A CONTROLLED SUBSTANCE BY A PRACTITIONER OR PHARMA-
CIST IS A CLASS B FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13710-02-2

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