Senate Bill S4460

2011-2012 Legislative Session

Relates to the sale, delivery, dispensing and distribution of controlled substances; repealer

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Apr 06, 2011	referred to health

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2011-S4460 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3371 & 3306, rpld schedule II sub(b) ¶6, Pub Health L

2011-S4460 (ACTIVE) - Summary

Relates to the sale, delivery, dispensing and distribution of controlled substances.

2011-S4460 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4460

TITLE OF BILL:

An act
to amend the public health law, in relation to the sale, delivery,
dispensing and distribution of controlled substances; and to repeal
certain provisions of such law relating thereto

PURPOSE:

This bill would: (1) authorize the Department of Health (DOH) to
notify pharmacies when customers have obtained controlled substances
from other pharmacies; (2) clarify the entities to whom prescription
information can be provided; (3) curtail the diversion, abuse and
illegal sale of substances listed, or expected to be listed, on the
federal schedules of controlled substances by adding them to the
analogous state schedules; and (4) prohibit the possession, use or
sale of chemicals that have reportedly had a dangerous stimulant and
hallucinogenic effects by adding them to the state schedule I list.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Public Health Law (PHL) § 3371 to
clarify that DOH is authorized to share official prescription
information with certain governmental entities within and outside of

DOH. Section 1 would also authorize DOH to notify a pharmacy when a
person who has obtained controlled substances from the pharmacy may
have also obtained controlled substances from another pharmacy under
circumstances that suggest possible drug abuse or diversion,
potential harm to the individual or other similar grounds.

Sections 2 through 14 of the bill would amend PHL Article 33 by
updating the controlled substance schedules.

Section 15 of the bill provides that § 1 of the bill would take effect
180 days after enactment, with all other provisions taking effect 90
days after enactment, and authorizes the Commissioner of Health to
immediately engage in rulemaking as necessary to implement the bill.

EXISTING LAW:

PHL § 3371 authorizes DOH to disclose certain patient prescription
information under limited circumstances to certain DOH staff,
regulatory agencies, physicians, and to a central registry
established pursuant to Article 33 of the Public Health Law, or
pursuant to judicial subpoena or court order in a criminal
investigation or proceeding.

PHL § 3306 establishes five schedules listing controlled substances.
Schedule I controlled substances may not be prescribed, or, except
with DOH approval for research purposes, dispensed, possessed,
distributed or administered. Substances listed on Schedules II, III,
IV, and V may be prescribed only by authorized practitioners, and
otherwise dispensed, possessed or administered by authorized
practitioners or, as approved by DOH, researchers.


LEGISLATIVE HISTORY:

Chapter 178 of the Laws of 2010 enacted a DOH departmental bill to:
(1) enable the use of electronic prescriptions when allowed under
federal law, and to require practitioners and pharmacies that sell or
dispense controlled substances pursuant to an Internet transaction to
electronically report information to DOH; (2) authorize the sharing
of official prescription information with authorized controlled
substance regulatory agencies in other states; (3) make conforming
technical amendments to the existing statutory authority for
electronic prescribing and dispensing of controlled substances,
consistent with federal requirements; (4) allow electronic
prescriptions for hypodermic needles and syringes and allow
pharmacists to dispense hypodermic needles and syringes to patients
in nursing homes; (5) amend State controlled substance schedules to
reflect federal schedules; (6) update reporting requirements for
methadone treatment programs; and (7) clarify the circumstances under
which physicians could be notified that patients may be seeking
controlled substances from other health care providers.

Bills to add mephedrone and methylenedioxypyrovalerone to the
controlled substance schedules have been introduced in both houses
(A.4769-A/S.3322) and (A.5456) but have not passed.

STATEMENT IN SUPPORT:

Under its Official Prescription Program, DOH notifies practitioners
when a patient obtains controlled substances from multiple
practitioners within a 30-day period, a situation which may indicate
potential harm to an individual or possible drug abuse or the
criminal diversion of drugs. This bill would similarly enhance
efforts to ensure patient safety and curtail the diversion and abuse
of controlled substances by authorizing DOH to share information with
pharmacies when customers seeking to obtain controlled substances
have already obtained controlled substances within a 30-day period.
Many times a patient who is attempting to obtain drugs for
illegitimate purposes presents a prescription where the prescribing
practitioner is not from the local area; the patient is unfamiliar to
the pharmacist or is from out of town; or the patient is picking up a
prescription for someone else. Access to a patient's recent
controlled substance history that is otherwise not available would
provide additional information to pharmacists that may have concerns
of the legitimacy of a prescription or potential diversion.

This bill also would amend PHL § 3306 to update the five controlled
substances schedules set forth therein. Schedule I controlled
substances may not be prescribed, dispensed, possessed, distributed
or administered except for research purposes with the approval of DOH.
Substances listed on Schedules II, III, IV and V may be prescribed
only by authorized practitioners. Entries on the State schedules are
not identical to those on the five federal schedules of controlled
substances (21 U.S.C. § 801), and drug-seeking individuals often
exploit
the fact that certain drugs classified as controlled substances under
federal law are not controlled substances under New York law and are
more easily diverted.


Chapter 178 of the Laws of 2010 made conforming changes that brought
the Article 33 schedules closer to the federal schedules, but they
still are not identical, particularly given additional changes made
subsequent to the enactment of the State law. The amendments made by
this bill would address currently existing discrepancies between the
state and federal controlled substances schedules, and anticipate
other changes that are likely to be made under federal law.

Carisoprodol is a skeletal muscle relaxant that acts directly on the
central nervous system and whose action in the body is similar to
meprobamate, a Schedule IV controlled substance.
Excessive use of meprobamate can result in psychological and physical
dependence.
Carisoprodol, when abused, is typically combined with other controlled
substances or alcohol.
Abusers who combine carisoprodol with hydrocodone claim that this
combination produces effects similar to those of heroin.

DOH is aware of increasing diversion and abuse of the muscle relaxant,
carisoprodol, which is not currently scheduled federally or in New
York State. The Drug Enforcement Agency (DEA) has proposed the
placement of carisoprodol in schedule IV of the federal Controlled
Substance Act. However, no scheduling actions have been finalized.
Reports of carisoprodol abuse have resulted in 18 states classifying
it as a controlled substance, as of February 2010. In anticipation of
the federal government moving carisoprodol into the schedule IV
classification, DOH is proposing that carisoprodol be added to PHL
§3306 (c).

Analysis of prescription information reveals that numerous individuals
who seek controlled substances from multiple practitioners also seek
prescriptions for carisoprodol.
According to comments received by the DEA, carisoprodol products are
being diverted, abused, misused, and sold on the street and from
Internet sites without legitimate prescriptions. Data reported in the
National Survey on Drug Use and Health indicates that 2,276,000 U.S.
residents aged 12 and older used carisoprodol non-medically at least
once in their lifetime. The 2009 New York State Police Toxicology
Drug Statistics indicates that almost 200 of the 2,269 cases of
driving while ability-impaired (DWAI) related to drug use in 2009
were due to carisoprodol use - an incidence that was higher than
other controlled substances such as stimulants, methadone and zolpidem.

The bill also would add mephedrone and methylenedioxypyrovalerone as
Schedule I controlled substances. There have been a number of reports
from the media and poison control centers that such chemicals, which
are available in several types of products available for retail sale
and have been actively marketed as bath salts, have had stimulant and
hallucinogenic effects which have led to emergency department visits
and hospital admissions. Several states have already scheduled these
chemicals or have proposed legislation to schedule these chemicals. A
bill to add these chemicals to the federal schedule has been
introduced in Congress. In anticipation of the enactment of such
bill, and because the two chemicals appear to be responsible for
deleterious effects in a number of users throughout the county, the
bill would include these chemicals on the State's Schedule I list.


Additional changes made by the bill add other substances or otherwise
conform the State schedule to the federal schedule.

BUDGET IMPLICATIONS:

This bill is not anticipated to have a fiscal impact to the State.

EFFECTIVE DATE:

This bill would take effect 90 days after enactment, except that
section I would take effect 180 days after enactment, and the
Commissioner of Health would be authorized to engage in rulemaking as
necessary to implement the bill prior to such effective dates.

2011-S4460 (ACTIVE) - Bill Text download pdf

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

                                  4460

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced by Sen. HANNON -- (at request of the Department of Health) --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Health

AN ACT to amend the public health law, in relation to the  sale,  deliv-
  ery,  dispensing  and  distribution  of  controlled substances; and to
  repeal certain provisions of such law relating thereto

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

  Section  1. Subdivision 1 of section 3371 of the public health law, as
amended by chapter 178 of the laws  of  2010,  is  amended  to  read  as
follows:
  1.  No person, who has knowledge by virtue of his or her office of the
identity of a particular patient or research  subject,  a  manufacturing
process,  a  trade secret or a formula shall disclose such knowledge, or
any report or record thereof, except:
  (a) to another person employed by  the  department,  for  purposes  of
executing provisions of this article;
  (b)  pursuant to judicial subpoena or court order in a criminal inves-
tigation or proceeding;
  (c) to an agency, [department of government, or]  official  board,  OR
OTHER  GOVERNMENTAL  ENTITY,  WHETHER  INSIDE OR OUTSIDE THE DEPARTMENT,
authorized to regulate, license, REVIEW, or otherwise supervise a person
who is authorized by this article to POSSESS, ADMINISTER,  DISPENSE,  OR
deal  in controlled substances, [or] in the course of any investigation,
AUDIT, or proceeding by or before such agency, [department or] board, OR
OTHER GOVERNMENTAL ENTITY, WHETHER INSIDE OR OUTSIDE THE DEPARTMENT;
  (d) to a central registry established pursuant to this article; [and]
  (e) to a practitioner to inform him or her that a patient may be under
treatment with a controlled substance by another practitioner[.]; OR
  (F) TO A PHARMACY TO INFORM THE PHARMACY THAT A PERSON WHO PRESENTS OR
HAS PRESENTED A PRESCRIPTION FOR ONE OR MORE  CONTROLLED  SUBSTANCES  AT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09564-04-1

S. 4460                             2

THE  PHARMACY  MAY  HAVE ALSO OBTAINED ONE OR MORE CONTROLLED SUBSTANCES
FROM ANOTHER PHARMACY, WHERE THE CIRCUMSTANCES INDICATE A POSSIBILITY OF
DRUG ABUSE OR DIVERSION,  POTENTIAL  HARM  TO  THE  PERSON,  OR  SIMILAR
GROUNDS.
  S  2.  Subdivision  (d)  of  schedule  I of section 3306 of the public
health law is amended by adding a new paragraph 33 to read as follows:
  (33) 5-METHOXY-N,N-DIMETHYLTRYPTAMINE.  SOME  TRADE  OR  OTHER  NAMES:
5-METHOXY-3-{2-(DIMETHYLAMINO)ETHYL}INDOLE; 5-MEO-DMT.
  S  3.  Subdivision  (f)  of  schedule  I of section 3306 of the public
health law is amended by adding two new paragraphs 9 and 10 to  read  as
follows:
  (9) 4-METHYLMETHCATHINONE, ALSO KNOWN AS MEPHEDRONE.
  (10)    METHYLENEDIOXYPYROVALERONE    SOME    OTHER    NAMES   {(MDPV)
(1-(1,3-BENZODIOXOL-5-YL)-2-(1-PYRROLIDINYL)-1-PENTANONE}.
  S 4. Paragraph 6 of subdivision (b) of schedule II of section 3306  of
the public health law is REPEALED.
  S  5. Paragraph 1 of subdivision (b) of schedule II of section 3306 of
the public health law is amended by adding a new subparagraph 18 to read
as follows:
  18. ORIPAVINE.
  S 6. Subdivision (c) of schedule II of  section  3306  of  the  public
health law is amended by adding a new paragraph 28 to read as follows:
  (28) TAPENTADOL.
  S  7. Paragraph 5 of subdivision (d) of schedule II of section 3306 of
the public health law, as added by chapter 178 of the laws of  2010,  is
amended to read as follows:
  (5) Lisdexamfetamine, ITS SALTS, ISOMERS, AND SALTS OF ITS ISOMERS.
  S  8.    Subdivision  (g) of schedule II of section 3306 of the public
health law is amended by adding a new paragraph 3 to read as follows:
  (3) IMMEDIATE PRECURSOR TO FENTANYL:
  (I) 4-ANILINO-N-PHENETHYL-4-PIPERIDINE (ANPP).
  S 9. Subdivision (h) of schedule II of  section  3306  of  the  public
health law, as amended by chapter 178 of the laws of 2010, is amended to
read as follows:
  (h)  Anabolic  steroids. Unless specifically excepted or unless listed
in another schedule, "anabolic steroid" shall mean any drug or  hormonal
substance,  chemically  and  pharmacologically  related  to testosterone
(other than estrogens, progestins, corticosteroids and dehydroepiandros-
terone)  [that  promotes  muscle  growth,  or  any  material,  compound,
mixture,  or  preparation  which  contains  any  amount of the following
substances] AND INCLUDES:
  (1) 3{beta}, 17-dihydroxy-5a-androstane.
  (2) 3{alpha}, 17{beta}-dihydroxy-5a-androstane.
  (3) 5{alpha}-androstan-3,17-dione.
  (4) 1-androstenediol (3{beta},17{beta}-dihydroxy-5{alpha}-androst-1-
ene).
  (5) 1-androstenediol (3{alpha},17{beta}-dihydroxy-5{alpha}-androst-1-
ene).
  (6) 4-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-4-ene).
  (7) 5-androstenediol (3{beta}, 17{beta}-dihydroxy-androst-5-ene).
  (8) 1-androstenedione ({5{alpha}}-androst-1-en-3,17-dione).
  (9) 4-androstenedione (androst-4-en-3,17-dione).
  (10) 5-androstenedione (androst-5-en-3,17-dione).
  (11) Bolasterone (7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyandrost-4-
en-3-one).
  (12) Boldenone (17{beta}-hydroxyandrost-1, 4,-diene-3-one).

S. 4460                             3

  (13) BOLDIONE (ANDROSTA-1,4-DIENE-3,17-DIONE).
  (14) Calusterone (7{beta}, 17{alpha}-dimethyl-17{beta}-hydroxyandrost-
4-en-3-one).
  [(14)] (15) Clostebol (4-chloro-17{beta}-hydroxyandrost-4-en-3-one).
  [(15)]    (16) Dehydrochloromethyltestosterone    [(4-chloro-17{beta}-
hydroxy-17{alpha}-methyl-androst-1]        (4-CHLORO-17{BETA}-HYDROXY-17
{ALPHA}-METHYL-ANDROST-1, 4-dien-3-one).
  [(16)]  (17)  {Delta}  1-dihydrotestosterone (a.k.a. '1-testosterone')
(17 {beta}-hydroxy-5{alpha}-androst-1-en-3-one).
  [(17)] (18) 4-dihydrotestosterone (17{beta}-hydroxy-androstan-3-one).
  [(18)]  (19)  Drostanolone  (17{beta}-hydroxy-2{alpha}-methyl-5{alpha}
-androstan-3-one).
  [(19)]   (20)   Ethylestrenol   (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-ene).
  [(20)] (21)  Fluoxymesterone  (9-fluoro-17{alpha}-methyl-11{beta},  17
{beta}-dihydroxandrost-4-en-3-one).
  [(21)]    (22)    Formebolone    (2-formyl-17{alpha}-methyl-11{alpha},
17{beta}-dihydroxyandrost-1, 4-dien-3-one).
  [(22)]     (23) Furazabol (17{alpha}-methyl-17{beta}-hydroxyandrostano
{2, 3-c}-furazan).
  [(23)       13{beta}-ethyl-17[{alpha}-hydroxygon-4-en-3-one]      (24)
13{BETA}-ETHYL-17{BETA}-HYROXYGON-4-EN-3-ONE.
  [(24)] (25)  4-hydroxytestosterone  [(4,17  {beta}-dihydroxyandrost-4-
en-3-one)] (4, 17{BETA}-DIHYDROXY-ANDROST-4-EN-3-ONE).
  [(25)]    (26)    4-hydroxy-19-nortestosterone   (4,17{beta}-dihydroxy
-estr-4-en-3-one).
  (27) DESOXYMETHYLTESTOSTERONE (17{ALPHA}-METHYL-5{ALPHA}-ANDROST-2-EN-
17{BETA}-OL) (A.K.A., MADOL).
  [(26)]            (28) Mestanolone (17{alpha}-methyl-17{beta}-hydroxy-
5-androstan-3-one).
  [(27)]  (29) Mesterolone (1{alpha}-methyl-17{beta}-hydroxy-{5{alpha}}-
androstan-3-one).
  [(28)] (30) Methandienone (17{alpha}-methyl-17{beta}-hydroxyandrost-1,
4-dien-3-one).
  [(29)]       (31)        Methandriol        (17{alpha}-methyl-3{beta},
17{beta}-dihydroxyandrost-5-ene).
  [(30)]  (32)  Methenolone (1-methyl-17{beta}-hydroxy-5{alpha}-androst-
1-en-3-one).
  [(31)] (33) 17{alpha}-methyl-3{beta},17{beta}-dihydroxy-5a-androstane.
  [(32)]     (34)     17{alpha}-methyl-3{alpha},     17{beta}-dihydroxy-
5a-androstane.
  [(33)] (35) 17{alpha}-methyl-3{beta}, 17{beta}-dihydroxyandrost-4-ene.
  [(34)]  (36) 17{alpha}-methyl-4-hydroxynandrolone (17{alpha}-methyl-4-
hydroxy-17{beta}-hydroxyestr-4-en-3-one).
  [(35)] (37)  Methyldienolone  (17{alpha}-methyl-17{beta}-hydroxyestra-
4,9(10)-dien-3-one).
  [(36)]  (38)  Methyltrienolone (17{alpha}-methyl-17{beta}-hydroxyestra
-4,9-11-trien-3-one).
  [(37)]                     (39)                     Methyltestosterone
(17{alpha}-methyl-17{beta}-hydroxyandrost-4-en-3-one).
  [(38)]                         (40)                         Mibolerone
(7{alpha},17{alpha}-dimethyl-17{beta}-hydroxyestr-4-en-3-one).
  [(39)]  (41) 17{alpha}-methyl-{Delta} 1-dihydrotestosterone(17b{beta}-
hydroxy-17{alpha}-methyl-5{alpha}-androst-1-en-3-one)(a.k.a. '17-{alpha}
-methyl-1-testosterone').
  [(40)] (42) Nandrolone (17{beta}-hydroxyestr-4-en-3-one).

S. 4460                             4

  [(41)]  (43)  19-nor-4-androstenediol  (3{beta},17{beta}-dihydroxyestr
-4-ene).
  [(42)]  (44) 19-nor-4-androstenediol (3{alpha},17{beta}-dihydroxyestr-
4-ene).
  [(43)]  (45)  19-nor-5-androstenediol  (3{beta},17{beta}-dihydroxyestr
-5-ene).
  [(44)]  (46) 19-nor-5-androstenediol (3{alpha},17{beta}-dihydroxyestr-
5-ene).
  (47)   19-NOR-4,9(10)-ANDROSTADIENEDIONE    (ESTRA-4,9(10)-DIENE-3,17-
DIONE).
  [(45)] (48) 19-nor-4-androstenedione (estr-4-en-3,17-dione).
  [(46)] (49) 19-nor-5-androstenedione (estr-5-en-3,17-dione).
  [(47)]   (50)   Norbolethone   (13{beta},   17{alpha}-diethyl-17{beta}
-hydroxygon-4-en-3-one).
  [(48)] (51) Norclostebol (4-chloro-17{beta}-hydroxyestr-4-en-3-one).
  [(49)]  (52)  Norethandrolone   (17{alpha}-ethyl-17{beta}-hydroxyestr-
4-en-3-one).
  [(50)]      (53)      Normethandrolone      (17{alpha}-methyl-17{beta}
-hydroxyestr-4-en-3-one).
  [(51)]  (54)   Oxandrolone   (17{alpha}-methyl-17{beta}-hydroxy-2-oxa-
{5{alpha}}-androstan-3-one).
  [(52)]   (55)  Oxymesterone  (17{alpha}-methyl-4,  17{beta}-dihydroxy-
androst-4-en-3-one).
  [(53)]  (56)  Oxymetholone  (17   {alpha}-methyl-2-hydroxymethylene-17
{beta}-hydroxy-{5{alpha}}- androstan-3-one).
  [(54)]  (57) Stanozolol (17{alpha}-methyl-17{beta}-hydroxy-{5{alpha}}-
androst-2-eno{3, 2-c}-pyrazole).
  [(55)] (58) Stenbolone  (17{beta}-hydroxy-2-methyl-{5{alpha}}-androst-
1-en-3-one).
  [(56)]   (59)  Testolactone  (13-hydroxy-3-oxo-13,  17-secoandrosta-1,
4-dien-17-oic acid lactone).
  [(57)] (60) Testosterone (17{beta}-hydroxyandrost-4-en-3-one).
  [(58)]   (61)   Tetrahydrogestrinone   (13{beta},    17{alpha}-diethyl
-17{beta}-hydroxygon-4, 9, 11-trien-3-one).
  [(59)] (62) Trenbolone (17{beta}-hydroxyestr-4, 9, 11-trien-3-one).
  [(60)]  (63) Any salt, ester or ether of a drug or substance described
or listed in this subdivision.
  S 10. Subdivision (i) of schedule II of section  3306  of  the  public
health  law,  as added by chapter 418 of the laws of 1989, is amended to
read as follows:
  (i) Subdivision (h) of this section shall not include  [any  substance
containing]  AN  anabolic  [steroids] STEROID THAT IS expressly intended
for administration through implants to cattle or other nonhuman  species
and  that  [are]  HAS  BEEN  approved  by  the  federal  [food  and drug
administration solely] SECRETARY OF HEALTH AND HUMAN SERVICES  for  such
[use]  ADMINISTRATION.    [Any  individual  who  knowingly and willfully
administers  to  himself  or  another]  IF  ANY  person[,]   prescribes,
dispenses or distributes such [substances for other than implantation to
cattle  or  nonhuman species shall be subject to the same penalties as a
practitioner who violates the provisions of this section  or  any  other
penalties  prescribed by law] STEROID FOR HUMAN USE, THE PERSON SHALL BE
CONSIDERED TO HAVE PRESCRIBED, DISPENSED,  OR  DISTRIBUTED  AN  ANABOLIC
STEROID WITHIN THE MEANING OF THIS SUBDIVISION.
  S  11.  Subdivision  (f) of schedule III of section 3306 of the public
health law, as amended by chapter 178 of the laws of 2010, is amended to
read as follows:

S. 4460                             5

  (f) (i) Dronabinol [in sesame oil and encapsulated in a  soft  gelatin
capsule] in a [drug product approved for marketing by the] U.S. Food and
Drug Administration [(FDA)] APPROVED PRODUCT.
  (ii)  Any  drug product [in tablet or capsule form] containing natural
dronabinol derived from the cannabis  (plant)  or  synthetic  dronabinol
(produced  from  synthetic  materials) for which an abbreviated new drug
application (ANDA) has been approved by the FDA under section 505(j)  of
the  Federal Food, Drug, and Cosmetic Act which references as its listed
drug the drug product referred to in paragraph (i) of this  subdivision.
Some  other names for dronabinol include: (6aR-trans)-6a, 7, 8, 10a-tet-
rahydro-6, 6, 9-trimethyl-3-pentyl-6H-dibenzo{b,d}  pyran-1-o1,  or  (-)
delta-9-(trans) - tetrahydrocannabinol.
  S  12.  Subdivision  (c)  of schedule IV of section 3306 of the public
health law is amended by adding two new paragraphs 52 and 53 to read  as
follows:
  (52) FOSPROPOFOL.
  (53) CARISOPRODOL.
  S  13.  Subdivision  (b)  of  schedule V of section 3306 of the public
health law, as added by chapter 664 of the laws of 1985, is  amended  to
read as follows:
  (b)  Narcotic  drugs  containing nonnarcotic active medicinal ingredi-
ents. Any compound,  mixture,  or  preparation  containing  any  of  the
following  narcotic  drugs, or their salts calculated as the free anhyd-
rous base or alkaloid, in limited quantities as set forth  below,  which
shall  include  one  or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture, or  prepara-
tion   valuable   medicinal  [qualitites]  QUALITIES  other  than  those
possessed by narcotic drugs alone:
  (1) Not more than two hundred milligrams of codeine  per  one  hundred
milliliters or per one hundred grams.
  (2)  Not  more  than  one hundred milligrams of dihydrocodeine per one
hundred milliliters or per one hundred grams.
  (3) Not more than one hundred  milligrams  of  ethylmorphine  per  one
hundred milliliters or per one hundred grams.
  (4)  Not  more  than 2.5 milligrams of diphenoxylate and not less than
twenty-five micrograms of atropine sulfate per dosage unit.
  (5) Not more than one hundred milligrams  of  opium  per  one  hundred
milliliters or per one hundred grams.
  (6)  Not  more than 0.5 milligram of difenoxin and not less than twen-
ty-five micrograms of atropine sulfate per dosage unit.
  S 14. Subdivision (d) of schedule V of  section  3306  of  the  public
health  law,  as added by chapter 178 of the laws of 2010, is amended to
read as follows:
  (d) Depressants. Unless specifically exempted or  excluded  or  unless
listed in another schedule, any material, compound, mixture, or prepara-
tion  which  contains  any quantity of the following substances having a
depressant effect on the central nervous system, including its salts:
  (1) LACOSAMIDE ((R)-2-ACETOAMIDO-N-BENZYL-3-METHOXY-PROPIONAMIDE).
  (2) Pregabalin ((S)-3-(aminomethyl)-5-methylhexanoic acid).
  S 15. This act shall take effect on the ninetieth day after  it  shall
have become a law; provided, however, that section one of this act shall
take  effect on the one hundred eightieth day after it shall have become
a law; and provided, further, that effective  immediately,  the  commis-
sioner of health is authorized to add, amend or repeal any rule or regu-
lation  necessary  for  the  implementation of this act on its effective
date.

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Senate Bill S4460

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Archive: Last Bill Status - In Senate Committee Health Committee

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Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Health Committee

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Timothy M. Kennedy

2011-S4460 (ACTIVE) - Details

2011-S4460 (ACTIVE) - Summary

2011-S4460 (ACTIVE) - Sponsor Memo

2011-S4460 (ACTIVE) - Bill Text download pdf

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