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 - 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2013-S1753 (ACTIVE) - Details

See Assembly Version of this Bill:
A877
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §3346, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:
S6062, A7634

2013-S1753 (ACTIVE) - 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.

2013-S1753 (ACTIVE) - Sponsor Memo

2013-S1753 (ACTIVE) - 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.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.