Bill S5880A-2011

Designates tramadol as a schedule III narcotic drug, and eliminates certain hydrocodone compounds from the list of schedule III narcotic drugs; repealer

Designates tramadol as a schedule III narcotic drug, and eliminates hydrocodone from the list of schedule III narcotic drugs; provides that such compounds shall continue to be handled by licensed distributors in the manner applicable to schedule III controlled substances.

Details

Actions

  • Feb 13, 2012: referred to health
  • Feb 13, 2012: DELIVERED TO ASSEMBLY
  • Feb 13, 2012: PASSED SENATE
  • Feb 6, 2012: AMENDED ON THIRD READING (T) 5880A
  • Jan 19, 2012: ADVANCED TO THIRD READING
  • Jan 18, 2012: 2ND REPORT CAL.
  • Jan 10, 2012: 1ST REPORT CAL.35
  • Jan 4, 2012: REFERRED TO HEALTH
  • Sep 9, 2011: REFERRED TO RULES

Calendars

Votes

Memo

BILL NUMBER:S5880A

TITLE OF BILL: An act to amend the public health law, in relation to designating tramadol as a schedule III narcotic drug and certain requirements imposed upon distributors, relating to certain compounds containing hydrocodone; and to repeal paragraphs 3 and 4 of subdivision (e) of schedule III of section 3306 of such law relating to the designation of hydrocodone as a schedule III narcotic drug

PURPOSE OR GENERAL IDEA OF BILL: This bill would place greater controls on hydrocodone, a highly addictive prescription pain medication, by moving it from a schedule III to a schedule II control substance. It also includes Tramadol, another opioid based prescription pain medication, to the list of schedule III controlled substances.

SUMMARY OF PROVISIONS: Section 1 of the bill amends section 3306 of the Public Health Law to remove from schedule III controlled substances under subdivision (e) paragraphs (3) and (4), which refer to those drugs that contain hydrocodone. Section 1 also adds a new subdivision (10) to include Tramadol, a currently unscheduled opioid, as a schedule III controlled substance.

Section 2 of the bill adds a section 3317 to the Public Health Law exempting a distributor who is licensed and regulated by the Department of Health, regulated by the State Board of Pharmacy pursuant to article one hundred thirty-seven of the education law, and registered and regulated by the United States Drug Enforcement Administration, from the storage, reporting, ordering, record keeping and physical security control requirements for schedule II controlled substances with regard to any material, compound, mixture or preparation of Hydrocodone as defined within the section's language.

Section 3 of the bill provides for an effective date.

JUSTIFICATION: New York State, like the nation, is in the midst of a severe prescription drug epidemic. Prescriptions for opioids, particularly oxycodone and hydrocodone, have skyrocketed and are second only to marijuana among abused drugs. In New York City, drug related ER visits increased 40% between 2004 and 2009 with fatalities from opioid overdoses alone increasing by 20% between 2005 and 2009.

According to information shared at a Senate Roundtable on Prescription Drug Abuse held in August 2011 (see HTTP://WWW.NYSENATE.GOV/COMMITTEE/HEALTH), the dramatic rise in abuse of hydrocodone, which is sold as vicodin, norco and lortab, is of particular concern. These medications are as addictive as the better-known oxycodone, morphine and heroin, however the federal government, and in turn the states, list hydrocodone on the less

restrictive schedule III of controlled substances. This means that unlike schedule II controlled substances, prescribers can give up to 5 refills without a doctor's visit.

The FDA and DEA have been studying whether to move hydrocodone based drugs into schedule II controlled substances for over ten years. During this period prescriptions for hydrocodone have soared as have deaths from overdoses and violent pharmacy robberies by those addicted or seduced by the lucrative black market for this highly sought after prescription. Hydrocodone was the drug stolen in the June 2011 robbery of a Medford pharmacy in which four people were gunned down. By removing the references in schedule III to drugs containing hydrocodone, all such medication will be classified in the more restrictive schedule II. Moving the drug to a schedule II controlled substance will enhance existing penalties for people who possess or sell large quantities of hydro cod one. The Special Narcotics Prosecutor of NYC will also be able to prosecute cases involving hydrocodone in boroughs outside of Manhattan once the drug is reclassified.

Tramadol, another opioid with slightly less addictive qualities than hydrocodone and oxycodone, is not currently on the schedule of controlled substances. The federal government continues to study whether to include Tramadol on the schedule, meanwhile, the number of prescriptions and the number of individuals seeking addiction counseling for Tramadol addiction continue to rise. It has been recommended that Tramadol be included as a schedule III controlled substance. This would limit the number of refills for Tramadol to 5 without a doctor's visit and pharmacists would have to store the medicine more securely.

Lastly, this bill would exempt the relevant forms of hydro cod one from the storage, reporting, ordering, record keeping and physical security control requirements for schedule II drugs. The purpose of this bill is to restrict access to highly addictive prescription drugs not to place an onus on in-state distributors. Therefore, this exemption is necessary to conform New York's storage and reporting requirements with those of other states.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5880--A Cal. No. 35 2011-2012 Regular Sessions IN SENATE September 9, 2011 ___________
Introduced by Sens. HANNON, MARCELLINO, KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the public health law, in relation to designating trama- dol as a schedule III narcotic drug and certain requirements imposed upon distributors, relating to certain compounds containing hydroco- done; and to repeal paragraphs 3 and 4 of subdivision (e) of schedule III of section 3306 of such law relating to the designation of hydro- codone as a schedule III narcotic drug THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs 3 and 4 of subdivision (e) of schedule III of section 3306 of the public health law are REPEALED and a new paragraph 10 is added to read as follows: (10) TRAMADOL IN ANY QUANTITIES. S 2. The public health law is amended by adding a new section 3317 to read as follows: S 3317. REQUIREMENTS FOR CERTAIN COMPOUNDS CONTAINING HYDROCODONE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DISTRIBUTOR LICENSED AND REGULATED BY THE DEPARTMENT PURSUANT TO THIS TITLE, REGULATED BY THE STATE BOARD OF PHARMACY PURSUANT TO ARTICLE ONE HUNDRED THIRTY-SEVEN OF THE EDUCATION LAW, AND REGISTERED AND REGULATED BY THE UNITED STATES DRUG ENFORCEMENT ADMINISTRATION, SHALL BE EXEMPT FROM THE STORAGE, REPORTING, ORDERING, RECORD KEEPING AND PHYSICAL SECURITY CONTROL REQUIREMENTS FOR SCHEDULE II CONTROLLED SUBSTANCES WITH REGARD TO ANY MATERIAL, COMPOUND, MIXTURE OR PREPARATION CONTAINING NOT MORE THAN THREE HUNDRED MILLIGRAMS OF DIHYDROCODEINONE (HYDROCODONE) PER ONE HUNDRED MILLILITERS OR NOT MORE THAN FIFTEEN MILLIGRAMS PER DOSAGE UNIT,
WITH (A) A FOURFOLD OR GREATER QUANTITY OF AN ISOQUINOLINE ALKALOID OF OPIUM, OR (B) ONE OR MORE ACTIVE NON-NARCOTIC INGREDIENTS IN RECOGNIZED THERAPEUTIC AMOUNTS; OR THEIR SALTS CALCULATED AS THE FREE ANHYDROUS BASE OR ALKALOID. SUCH CONTROLLED SUBSTANCES SHALL BE SUBJECT TO THE SAME SUCH REQUIREMENTS AS THOSE IMPOSED FOR SCHEDULE III NARCOTIC DRUGS. S 3. This act shall take effect immediately.

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