senate Bill S2941

2013-2014 Legislative Session

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

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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
Mar 10, 2014 referred to codes
delivered to assembly
passed senate
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.214
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 29, 2013 referred to codes
delivered to assembly
passed senate
Apr 24, 2013 advanced to third reading
Apr 23, 2013 2nd report cal.
Apr 22, 2013 1st report cal.377
Jan 25, 2013 referred to codes

Votes

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Feb 27, 2014 - Codes committee Vote

S2941
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 22, 2013 - Codes committee Vote

S2941
13
0
committee
13
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

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S2941 - Bill Details

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

S2941 - Bill Texts

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

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BILL NUMBER:S2941

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

PURPOSE: 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 medica-
tions) 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 defin-
ing a new crime of "Criminal sale of a controlled substance by a practi-
tioner or pharmacist", which would be a class B felony. The language
makes clear that the practitioner or pharmacist 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 epidem-
ic.

New York already has a provision in the penal law that deals with physi-
cians illegally prescribing controlled substances. That statute was used
to indict Dr. Li who, according to 2011 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
tills 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 prob-
lem.

LEGISLATIVE HISTORY: S.6066 of 2012 passed Senate.

FISCAL IMPLICATIONS: None.

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

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

                                  2941

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 25, 2013
                               ___________

Introduced  by Sens. HANNON, DeFRANCISCO, FUSCHILLO, GALLIVAN, GRISANTI,
  LAVALLE, MARTINS, MAZIARZ, RANZENHOFER, YOUNG, ZELDIN  --  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.
                                                           LBD02572-01-3

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