senate Bill S5880A

2011-2012 Legislative Session

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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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 13, 2012 referred to health
delivered to assembly
passed senate
Feb 06, 2012 amended on third reading (t) 5880a
Jan 19, 2012 advanced to third reading
Jan 18, 2012 2nd report cal.
Jan 10, 2012 1st report cal.35
Jan 04, 2012 referred to health
Sep 09, 2011 referred to rules

Votes

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Jan 10, 2012 - Health committee Vote

S5880
14
0
committee
14
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S5880 - Bill Details

See Assembly Version of this Bill:
A9018A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Rpld §3306 sub (e) ¶¶3 & 4, amd §3306, add §3317, Pub Health L

S5880 - Bill Texts

view 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.

view 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.

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                    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

Co-Sponsors

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S5880A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9018A
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Rpld §3306 sub (e) ¶¶3 & 4, amd §3306, add §3317, Pub Health L

S5880A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5880A

TITLE OF BILL:
An act
to amend the public health law, in relation to designating tramadol as a
schedule III narcotic drug and
certain requirements imposed upon distributors, relating to certain
compounds containing hydrocodone; 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 OR GENERAL IDEA OF BILL:
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 control substance. It also includes Tramadol,
another opioid based prescription pain medication, to the list of
schedule III controlled substances.

SUMMARY OF PROVISIONS:
Section 1 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 drugs that contain
hydrocodone. Section 1 also adds a new subdivision (10) to include
Tramadol, a currently unscheduled opioid, as a schedule III
controlled substance.

Section 2 of the bill adds a section 3317 to the Public Health Law
exempting a distributor who is licensed and regulated by the
Department of Health, regulated by the State Board of Pharmacy
pursuant to article one hundred thirty-seven of the education law, and
registered and regulated by the United States Drug Enforcement
Administration, from the storage, reporting, ordering, record keeping
and physical security control requirements for schedule II controlled
substances with regard to any material, compound, mixture or
preparation of Hydrocodone as defined within the section's language.

Section 3 of the bill provides for an effective date.

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 doctor's 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. By removing the references in schedule III to drugs containing
hydrocodone, all such medication will be classified in the more
restrictive schedule II. Moving the drug to a schedule II controlled
substance 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.

Tramadol, another opioid with slightly less addictive qualities than
hydrocodone and oxycodone, is not currently on the schedule of
controlled substances. The federal government continues to study
whether to include Tramadol on the schedule, meanwhile, the number of
prescriptions and the number of individuals seeking addiction
counseling for Tramadol addiction continue to rise.
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 doctor's visit and pharmacists would have to
store the medicine more securely.

Lastly, this bill would exempt the relevant forms of hydro cod one
from the storage, reporting, ordering, record keeping and physical
security control requirements for schedule II drugs. The purpose of
this bill is to restrict access to highly addictive prescription
drugs not to place an onus on in-state distributors. Therefore, this
exemption is necessary to conform New York's storage and reporting
requirements with those of other states.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                 5880--A
    Cal. No. 35

                       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 --
  recommitted to the Committee on Health in accordance with Senate  Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the public health law, in relation to designating trama-
  dol  as  a schedule III narcotic drug and certain requirements imposed
  upon distributors, relating to certain compounds  containing  hydroco-
  done;  and to repeal paragraphs 3 and 4 of subdivision (e) of schedule
  III of section 3306 of such law relating to the designation of  hydro-
  codone 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.  The public health law is amended by adding a new section 3317 to
read as follows:
  S 3317. REQUIREMENTS FOR  CERTAIN  COMPOUNDS  CONTAINING  HYDROCODONE.
NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, A DISTRIBUTOR LICENSED AND
REGULATED BY THE DEPARTMENT PURSUANT TO THIS  TITLE,  REGULATED  BY  THE
STATE BOARD OF PHARMACY PURSUANT TO ARTICLE  ONE HUNDRED THIRTY-SEVEN OF
THE  EDUCATION  LAW,  AND  REGISTERED AND REGULATED BY THE UNITED STATES
DRUG ENFORCEMENT ADMINISTRATION,  SHALL  BE  EXEMPT  FROM  THE  STORAGE,
REPORTING,  ORDERING,  RECORD  KEEPING  AND  PHYSICAL  SECURITY  CONTROL
REQUIREMENTS FOR SCHEDULE II CONTROLLED SUBSTANCES WITH  REGARD  TO  ANY
MATERIAL,  COMPOUND,  MIXTURE  OR  PREPARATION  CONTAINING NOT MORE THAN
THREE HUNDRED  MILLIGRAMS  OF  DIHYDROCODEINONE  (HYDROCODONE)  PER  ONE
HUNDRED MILLILITERS OR NOT MORE THAN FIFTEEN MILLIGRAMS PER DOSAGE UNIT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13421-05-2

S. 5880--A                          2

WITH  (A)  A FOURFOLD OR GREATER QUANTITY OF AN ISOQUINOLINE ALKALOID OF
OPIUM, OR (B) ONE OR MORE ACTIVE NON-NARCOTIC INGREDIENTS IN  RECOGNIZED
THERAPEUTIC  AMOUNTS;  OR  THEIR  SALTS CALCULATED AS THE FREE ANHYDROUS
BASE  OR  ALKALOID.  SUCH  CONTROLLED SUBSTANCES SHALL BE SUBJECT TO THE
SAME SUCH REQUIREMENTS AS THOSE IMPOSED FOR SCHEDULE III NARCOTIC DRUGS.
  S 3. This act shall take effect immediately.

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