S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10321
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee 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

 A. 10321                            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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10321--A
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced  by  M.  of A. McDONALD, D'URSO, ENGLEBRIGHT, RIVERA, TAYLOR,
   SEAWRIGHT, McDONOUGH,  MORINELLO,  LAWRENCE,  MONTESANO,  BLANKENBUSH,
   BRAUNSTEIN,  WILLIAMS, ARROYO, CASTORINA, GOTTFRIED, JAFFEE, ERRIGO --
   Multi-Sponsored by -- M. of A. SIMON -- read once and referred to  the
   Committee  on  Health  --  committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to classifying  gaba-
   pentin and its chemical equivalents 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 (NEURONTIN, GRALISE,
 HORIZANT, GABARONE) AND ITS CHEMICAL EQUIVALENTS 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 (NEURONTIN, GRALISE,
 HORIZANT, GABARONE) AND ITS CHEMICAL EQUIVALENTS SHALL BE DEEMED TO BE A
 CONTROLLED SUBSTANCE.
   § 3. 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.
   § 4. 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.
              

                                                            LBD15312-02-8