NY State Senate Bill 2017-S8145A

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2018	print number 8145a
Jun 18, 2018	amend (t) and recommit to health
Apr 06, 2018	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S8145 - Details

See Assembly Version of this Bill:: A10321
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3371 & 3343-a, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S3906, A3823

2017-S8145 - Summary

Classifies gabapentin as a controlled substance.

2017-S8145 - Sponsor Memo

                                
 
BILL NUMBER: S8145

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
establishing a schedule VI of drugs and other substances, to including
gabapentin as a drug to be monitored through the prescription monitoring
program, and to make conforming changes; and to direct the commissioner
of health to promulgate regulations necessary or desirable to classify
gabapentin and its chemical equivalents as a scheduled substance for the
purposes of article 33 of the public health law

 
PURPOSE:

To establish a schedule VI of drugs and other substances, to include
gabapentin as a drug to be monitored through the prescription monitoring
program.

 
SUMMARY OF PROVISIONS:

Section one adds a new schedule VI to the public health law that
includes non-narcotic drugs such as gabapentin and its equivalents.

Sections two and four allow gabapentin and its equivalents to be tracked
on the prescription monitoring program.

 
JUSTIFICATION:

Gabapentin (Neurontin) is a popular prescription drug that is approved
by the U.S. Food and Drug Administration (FDA) for nerve pain and
epilepsy treatment. However, through its mechanism of action, the drug
boosts the effects of opioids to increase the euphoric effect.  As
evidenced by drug screens, Gabapentin is usually the most predominant
drug present in those undergoing opioid/heroin treatments (i.e. bupre-
norphine) and also present in a majority of opioid and heroin overdose
deaths.

The State of Ohio recognized that gabapentin was being chronically
misused and started tracking the drug in 2016 and has joined the states
of Minnesota, Virginia, Illinois, Wyoming, West Virginia and Massachu-
setts in adding the drug to its state prescription monitoring program.
Kentucky has classified the drug as a schedule V controlled substance.

The number of prescriptions being written for gabapentin is skyrocketing
and this bill seeks to flag for prescribers whether patients are having
gabapentin prescriptions written by multiple providers which may signal
the risk for misuse. While not addicting on its own, there is frequent
discussion of whether a schedule change for the drug is warranted based
on the severity of the potential for abuse. By adding gabapentin as an
item to be tracked in the prescription monitoring program (PMP), New
York will join other states in taking a proactive approach toward miti-
gating the harm associated with chronic gabapentin misuse. This effort
to track in the PMP is not to discourage use but to inform prescriber
and patient of the potential impacts and provide viable alternatives.

This is an emerging and rapidly growing issue that is worthy of further
discussion between relevant agencies such as the Department of Health,
in conjunction with Division of Criminal Justice Services (DCJS), Office
of Alcoholism and Substance Abuse Services (OASAS), and the Office of
Mental Health (OMH). The information gleaned from tracking will help
guide a dialogue regarding next steps toward confronting this problem.
Studies have found that gabapentin misuse frequently occurs with opioid
misuse and increases the risk for opioid related death. A drug that is
prescribed with every increasing frequency that while not addictive on
its own but acts to accelerate the effects of these very addictive drugs
leads to dangerous consequences. By implementing this measure to track
the prescription of gabapentin, this will lead to decreased drug diver-
sion and stemming the growth of the opioid epidemic.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
upon which it shall have become a law.

2017-S8145 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8145
 
                             I N  S E N A T E
 
                               April 6, 2018
                                ___________
 
 Introduced  by  Sen.  HANNON -- 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  establishing  a
   schedule  VI of drugs and other substances, to including gabapentin as
   a drug to be monitored through the  prescription  monitoring  program,
   and  to  make  conforming  changes;  and to direct the commissioner of
   health to promulgate regulations necessary or  desirable  to  classify
   gabapentin  and  its chemical equivalents as a scheduled substance for
   the purposes of article 33 of the public health law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 3306 of the public health law is amended by adding
 a new section VI to read as follows:
   SCHEDULE VI. (A) SCHEDULE VI SHALL CONSIST  OF  THE  DRUGS  AND  OTHER
 SUBSTANCES,  BY  WHATEVER  OFFICIAL NAME, COMMON OR USUAL NAME, CHEMICAL
 NAME, OR BRAND NAME DESIGNATED, LISTED IN THIS SECTION.
   (B) NON-NARCOTIC  PRESCRIPTION  DRUGS  NOT  INCLUDED  IN  SCHEDULES  I
 THROUGH  V  OF  THIS  SECTION.  ANY  COMPOUND,  MIXTURE,  OR PREPARATION
 CONTAINING ANY OF THE FOLLOWING DRUGS:
   (1) GABAPENTIN (NEURONTIN, GRALISE, HORIZANT, GABARONE) AND ITS CHEMI-
 CAL EQUIVALENTS.
   § 2. Subdivision 5 of section 3302 of the public health law, as  added
 by  chapter 878 of the laws of 1972 and renumbered by chapter 537 of the
 laws of 1998, is amended to read as follows:
   5. "Controlled substance" means a substance or  substances  listed  in
 SCHEDULE I, II, III, IV OR V OF section thirty-three hundred six of this
 [chapter] TITLE.
   §  3.  Subdivision  9  of  section  3343-a of the public health law is
 renumbered subdivision 10.
   § 4. The opening paragraph  of  paragraph  (a)  of  subdivision  2  of
 section 3343-a of the public health law, as amended by section 2 of part
 A of chapter 447 of the laws of 2012, is amended and a new subdivision 9
 is added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15312-01-8

 S. 8145                             2
 
   Every  practitioner  shall consult the prescription monitoring program
 registry prior to prescribing or  dispensing  any  controlled  substance
 listed  on schedule II, III or IV of section thirty-three hundred six of
 this article OR ANY SUBSTANCE LISTED ON SCHEDULE VI OF  SECTION  THIRTY-
 THREE  HUNDRED  SIX  OF  THIS  ARTICLE,  for  the purpose of reviewing a
 patient's controlled substance history as set forth  in  such  registry;
 provided,  however,  that  nothing  in  this  section  shall preclude an
 authorized practitioner, other than a veterinarian, from consulting  the
 registry  at  his  or  her option prior to prescribing or dispensing any
 controlled substance. The duty to consult the registry shall  not  apply
 to:
   9.  APPLICATION  TO  SCHEDULE  VI SUBSTANCES.   THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO SCHEDULE VI SUBSTANCES.
   § 5. The commissioner of health shall promulgate regulations necessary
 or desirable to classify gabapentin and its chemical  equivalents  as  a
 scheduled  substance for the purposes of article 33 of the public health
 law.
   § 6. Severability. If any item, clause, sentence, subparagraph, subdi-
 vision or other part of this act, or  the  application  thereof  to  any
 person  or circumstances shall be held to be invalid, such holding shall
 not affect, impair or invalidate the remainder of this act but it  shall
 be  confined  in  its  operation to the item, clause, sentence, subpara-
 graph, subdivision or other part of this act directly involved  in  such
 holding, or to the person and circumstances therein involved.
   §  7. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law. Effective immediate-
 ly the addition, amendment or repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made on or before such date.

co-Sponsors

2017-S8145A (ACTIVE) - Details

See Assembly Version of this Bill:: A10321
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3371 & 3343-a, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:: S3906, A3823

2017-S8145A (ACTIVE) - Summary

Classifies gabapentin as a controlled substance.

2017-S8145A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8145A

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
classifying gabapentin as a controlled substance

 
PURPOSE:

To establish a schedule VI of drugs and other substances, to include
gabapentin as a drug to be monitored through the prescription monitoring
program.

 
SUMMARY OF PROVISIONS:

Section one adds a new paragraph d to section 3371 of the public health
law that includes non-narcotic drugs such as gabapentin.

Section two adds a new paragraph e to section 3343-a of the public
health law to allow gabapentin to be tracked on the prescription moni-
toring program.

Section three establishes the effective date.

 
JUSTIFICATION:

Gabapentin is a popular prescription drug that is approved by the U.S.
Food and Drug Administration (FDA) for nerve pain and epilepsy treat-
ment. However, through its mechanism of action, the drug boosts the
effects of opioids to increase the euphoric effect. As evidenced by drug
screens, Gabapentin is usually the most predominant drug present in
those undergoing opioid/heroin treatments (i.e.  buprenorphine) and also
present in a majority of opioid and heroin overdose deaths.

The State of Ohio recognized that gabapentin was being chronically
misused and started tracking the drug in 2016 and has joined the states
of Minnesota, Virginia, Illinois, Wyoming, West Virginia and Massachu-
setts in adding the drug to its state prescription monitoring program.
Kentucky has classified the drug as a schedule V controlled substance.

The number of prescriptions being written for gabapentin is skyrocketing
and this bill seeks to flag for prescribers whether patients are having
gabapentin prescriptions written by multiple providers which may signal
the risk for misuse. While not addicting on its own, there is frequent
discussion of whether a schedule change for the drug is warranted based
on the severity of the potential for abuse. By adding gabapentin as an
item to be tracked in the prescription monitoring program (PMP), New
York will join other states in taking a proactive approach toward miti-
gating the harm associated with chronic gabapentin misuse. This effort
to track in the PMP is not to discourage use but to inform prescriber
and patient of the potential impacts and provide viable alternatives.

This is an emerging and rapidly growing issue that is worthy of further
discussion between relevant agencies such as the Department of Health,
in conjunction with Division of Criminal Justice Services (DCJS), Office
of Alcoholism and Substance Abuse Services (OASAS), and the Office of
Mental Health (OMH). The information gleaned from tracking will help
guide a dialogue regarding next steps toward confronting this prob-
lem.Studies have found that gabapentin misuse frequently occurs with
opioid misuse and increases the risk for opioid related death. A drug
that is prescribed with every increasing frequency that while not addic-
tive on its own but acts to accelerate the effects of these very addic-
tive drugs leads to dangerous consequences. By implementing this measure
to track the prescription of gabapentin, this will lead to decreased
drug diversion and stemming the growth of the opioid epidemic.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the date
upon which it shall have become a law.

2017-S8145A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8145--A
 
                             I N  S E N A T E
 
                               April 6, 2018
                                ___________
 
 Introduced  by  Sens. HANNON, HELMING -- read twice and ordered printed,
   and when printed to be committed to the Committee on Health -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN  ACT to amend the public health law, in relation to classifying gaba-
   pentin as a controlled substance

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 3371 of the public health law is
 amended by adding a new paragraph (d) to read as follows:
   (D) FOR PURPOSES OF THIS SECTION, GABAPENTIN SHALL BE DEEMED TO  BE  A
 CONTROLLED SUBSTANCE.
   §  2.  Subdivision  1  of  section  3343-a of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E) FOR PURPOSES OF THIS SECTION, GABAPENTIN SHALL BE DEEMED TO  BE  A
 CONTROLLED SUBSTANCE.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law;  provided  that  the
 amendment to subdivision 2 of section 3371 of the public health law made
 by section one of this act shall survive the expiration and reversion of
 such  section  as  provided  in  section 12 of chapter 90 of the laws of
 2014, as amended.  Effective  immediately  the  addition,  amendment  or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  on  or  before
 such date.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15312-08-8

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Senate Bill S8145A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

2017-S8145 - Details

2017-S8145 - Summary

2017-S8145 - Sponsor Memo

2017-S8145 - Bill Text download pdf

co-Sponsors

2017-S8145A (ACTIVE) - Details

2017-S8145A (ACTIVE) - Summary

2017-S8145A (ACTIVE) - Sponsor Memo

2017-S8145A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8145A

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

Pamela Helming

2017-S8145 - Details

2017-S8145 - Summary

2017-S8145 - Sponsor Memo

2017-S8145 - Bill Text download pdf

co-Sponsors

Pamela Helming

Luis R. Sepúlveda

2017-S8145A (ACTIVE) - Details

2017-S8145A (ACTIVE) - Summary

2017-S8145A (ACTIVE) - Sponsor Memo

2017-S8145A (ACTIVE) - Bill Text download pdf

Comments