Senate Bill S3945

                                 BILL NUMBER:  S3945

 TITLE OF BILL :
An act to amend the public health law, in relation to making ephedrine
and ma huang controlled substances


 PURPOSE :
The purpose of this bill is to classify ephedrine, pseudoephedrine,
chloropseudoephedrine, norpseudoephedrine, N-methylephedrine,
Nethylephedrine, and the salts isomers, or salts of isomers, of these
substances as Schedule V controlled substances.

 SUMMARY OF PROVISIONS :
Section one amends section 3306 of the Public Health Law by adding a
new subdivision (d). Subdivision (d) places ephedrine,
pseudoephedrine, chloropseudoephedrine, norpseudoephedrine,
N-methylephedrine, Nethylephedrine, and the salts, isomers (whether
optical, position, or geometric), or salts of isomers of these
substances, on the list of Schedule V controlled substances. Section
3307 of the Public Health Law is also amended by adding a new
subdivision five. Subdivision five provides for the exceptions from
the list of schedule V controlled substances in section 3306-d. These
exceptions can be made on the commissioner's own initiative or at the
request of any person. Subsection three of Section 3307 allows the
commissioner to promulgate the rules and regulations authorized by
              

Section 3307, subdivision five, and lists drugs, by whatever official
name, that are excepted from section 3306-d.

 JUSTIFICATION :
The dietary supplement known as ephedrine or its Chinese name, ma
Izuang was once popular in the United States as a decongestant and
asthma treatment during the 1930s. Since then, it has become prevalent
in athletics and used daily by individuals for body toning and losing
weight. Ephedrine is a drug intended for rise as a decongestant, a
stimulant for the central nervous system, and to battle certain sleep
disorders and types of depression.  Along with increasing the heart
and blood pressure, ephedrine builds up in the user's system when
taken daily. The side effects include:  cardiac arrhythmias,
nervousness, insomnia, headaches, gastrointestinal distress,
heat-strokes, psychosis, and heart attacks. This could result in
serious risk to the individual or even worse, death. Recently, 23 year
old Baltimore Orioles pitcher Steve Bechler died in February after
collapsing during workouts the day before he was due to begin spring
training. A bottle of Xenadrine was found inside Bechler's locker and
according to toxicology tests, it was confirmed that significant
amounts of this over-the-counter drug along with two other stimulants,
pseudoephedrine and caffeine were discovered in his blood. Xenadrine
is marketed as a weight loss product and therefore, is available to
anyone at local drug stores, pharmacies and health stores. There is a
serious need for this legislation to become a controlled substance
because people who are inclined to use this drug frequently consume
more than the recommended dosages. Generally, physicians prescribe 25
milligrams daily however, ephedrine is sold in local stores at dosages
as high as 75-90 milligrams. By making ephedra a controlled substance,
a physician would be required to write a prescription to patients for
ephedrine at a dosage that is appropriate based on the individual's
medical history. When ephedrine is available at various dosages over
the counter, people are put at risk with this dietary supplement. The
United States Poison Control centers have reported that in 2001 there
were 1,178 reactions to ephedrine dietary supplements. Ephedrine also
accounted for 64 percent of all reactions involving herbs. Ephedrine
is known to result in more substantial risks as opposed to health
benefits. The Food and Drug Administration has reported that 100
ephedrine users have died as a result of taking this dietary
supplement. The proposed amendment would classify ephedrine as a
Schedule V controlled substance under the Health Law. Currently
several states that include:  Ohio, Florida, Texas, and California
have established ephedrine as a controlled substance. The health
problems and the increased popularity of dietary supplements are
indications that the need to protect our State is essential to the
passage of this legislation.

 LEGISLATIVE HISTORY :
This legislation was first introduced in 1997

 FISCAL IMPLICATIONS :
None to State.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that section two of this
act shall take effect immediately and the Commissioner of Health shall
be authorized to take necessary steps to implement the provisions of
section two of this act in a timely manner.