senate Bill S1753

2013-2014 Legislative Session

Prohibits the substitution of opioid analgesic drugs for an opioid analgesic drug incorporating tamper resistance technology

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Feb 28, 2013 reported and committed to finance
Jan 09, 2013 referred to health

Votes

view votes

Feb 28, 2013 - Health committee Vote

S1753
8
4
committee
8
Aye
4
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Health Committee Vote: Feb 28, 2013

Co-Sponsors

S1753 - Details

See Assembly Version of this Bill:
A877
Law Section:
Public Health Law
Laws Affected:
Add ยง3346, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6062, A7634

S1753 - Summary

Prohibits the substitution of opioid analgesic drugs for an opioid analgesic drug incorporating tamper resistance technology; requires pharmacist to verify equivalence or obtain written consent of prescribing physician.

S1753 - Sponsor Memo

S1753 - Bill Text download pdf

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

                                  1753

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MARTINS, LAVALLE -- 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  prohibiting  the
  substitution  of  opioid  analgesic drugs for an opioid analgesic drug
  incorporating tamper resistance technology

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

  Section  1.  The  public health law is amended by adding a new section
3346 to read as follows:
  S 3346. CERTAIN OPIOID SUBSTITUTIONS PROHIBITED.   1. DEFINITIONS.  A.
"INTERCHANGE  OR  SUBSTITUTION  OF  AN  OPIOID ANALGESIC DRUG" MEANS THE
SUBSTITUTION OF ANY OPIOID ANALGESIC DRUG, BRAND  OR  GENERIC,  FOR  THE
OPIOID  ANALGESIC  DRUG  INCORPORATING  A  TAMPER-RESISTANCE  TECHNOLOGY
ORIGINALLY PRESCRIBED, IRRESPECTIVE OF WHETHER THE SUBSTITUTED  DRUG  IS
RATED  AS  PHARMACEUTICALLY  AND  THERAPEUTICALLY EQUIVALENT BY THE U.S.
FOOD AND DRUG ADMINISTRATION OR STATE BOARD OF PHARMACY OR  WHETHER  THE
OPIOID ANALGESIC DRUG WITH TAMPER-RESISTANCE TECHNOLOGY BEARS A LABELING
CLAIM WITH RESPECT TO REDUCTION OF TAMPERING, ABUSE OR ABUSE POTENTIAL.
  B.  "OPIOID  ANALGESIC DRUG" MEANS A DRUG IN THE OPIOID ANALGESIC DRUG
CLASS PRESCRIBED TO TREAT MODERATE TO SEVERE PAIN OR  OTHER  CONDITIONS,
WHETHER IN IMMEDIATE RELEASE OR EXTENDED RELEASE FORM AND WHETHER OR NOT
COMBINED  WITH  OTHER  DRUG  SUBSTANCES TO FORM A SINGLE TABLET OR OTHER
DOSAGE FORM.
  C. "OPIOID ANALGESIC DRUG INCORPORATING A TAMPER-RESISTANCE  TECHNOLO-
GY"  MEANS AN OPIOID ANALGESIC DRUG LISTED AS SUCH BY THE STATE BOARD OF
PHARMACY BASED UPON A SUBMISSION OF EVIDENCE BY THE DRUG MANUFACTURER OR
DISTRIBUTOR THAT THE DRUG: (I) INCORPORATES A TAMPER-RESISTANCE TECHNOL-
OGY; AND (II) HAS BEEN APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION
PURSUANT TO AN APPLICATION THAT INCLUDES AT LEAST ONE HUMAN TAMPERING OR
ABUSE POTENTIAL STUDY OR A LABORATORY STUDY  COMPARING  THE  TAMPER-  OR

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

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