NY State Senate Bill 2017-S8275

Senate Bill S8275

Signed By Governor

2017-2018 Legislative Session

Relates to authorizing the reclassification of controlled substances by regulation

download bill text pdf

Archive: Last Bill Status Via A10468 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 31, 2018	signed chap.164
Jul 19, 2018	delivered to governor
Jun 20, 2018	returned to assembly passed senate 3rd reading cal.1874 substituted for s8275b
Jun 20, 2018	substituted by a10468b
Jun 18, 2018	ordered to third reading cal.1874 committee discharged and committed to rules
Jun 12, 2018	print number 8275b
Jun 12, 2018	amend and recommit to health
May 15, 2018	print number 8275a
May 15, 2018	amend and recommit to health
Apr 26, 2018	referred to health

Votes

- Jun 20, 2018 - Floor Vote
  A10468
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2018
      
      aye (60)
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Addabbo Jr.
      
      Croci
      
      Rivera
  Jun 18, 2018 - Rules Committee Vote
  S8275
  
  22
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2018
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Little
      
      Marcellino
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      aye wr (3)
      
      Larkin
      
      Montgomery
      
      Parker

Bill Amendments

Original

B (Active)

2017-S8275 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §3307, Pub Health L

2017-S8275 - Summary

Relates to authorizing the reclassification of controlled substances by regulation; authorizes the commissioner of health to reclassify controlled substances by regulation or emergency regulation if the substance is redesignated or rescheduled.

2017-S8275 - Sponsor Memo

2017-S8275 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8275
 
                             I N  S E N A T E
 
                              April 26, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- 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  authorizing  the
   reclassification of controlled substances by regulation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 5 of section 3307 of the public health  law  is
 renumbered  subdivision  6  and  a new subdivision 5 is added to read as
 follows:
   5. (A) THE COMMISSIONER MAY BY  REGULATION  RECLASSIFY  ANY  COMPOUND,
 MIXTURE  OR PREPARATION CONTAINING ANY SUBSTANCE LISTED IN SCHEDULE I OF
 SECTION THREE THOUSAND THREE HUNDRED SIX OF THIS TITLE AS A SCHEDULE II,
 III, IV OR V  SUBSTANCE,  OR  EXEMPT  IT  FROM  THIS  ARTICLE,  IF  THAT
 COMPOUND, MIXTURE OR PREPARATION IS DESIGNATED OR RESCHEDULED OTHER THAN
 UNDER SCHEDULE I UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT, OR DELETED
 AS A CONTROLLED SUBSTANCE UNDER THE FEDERAL CONTROLLED SUBSTANCES ACT.
   (B)  IF  THE COMMISSIONER FINDS THAT SUCH FEDERAL ACTION IS REASONABLY
 ANTICIPATED TO HAPPEN AND THAT PROCEDURAL DELAY IN REGULATORY ACTION  BY
 THE  COMMISSIONER  UNDER  THIS  SUBDIVISION  MAY INTERRUPT TREATMENT AND
 IMPAIR THE HEALTH OF PATIENTS, THE COMMISSIONER MAY TAKE EMERGENCY REGU-
 LATORY ACTION UNDER THIS SUBDIVISION BEFORE THE FEDERAL ACTION, TO  TAKE
 EFFECT UPON THE TAKING EFFECT OF THE FEDERAL ACTION.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15565-01-8

2017-S8275A - Details

Law Section:: Public Health Law
Laws Affected:: Amd §3307, Pub Health L

2017-S8275A - Summary

2017-S8275A - Sponsor Memo

2017-S8275A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8275--A
 
                             I N  S E N A T E
 
                              April 26, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed  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 authorizing the
   reclassification of controlled substances by regulation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 5 of section 3307 of the public health law is
 renumbered subdivision 6 and a new subdivision 5 is  added  to  read  as
 follows:
   5. THE COMMISSIONER MAY BY REGULATION OR EMERGENCY REGULATION, RECLAS-
 SIFY ANY COMPOUND, MIXTURE OR PREPARATION CONTAINING ANY SUBSTANCE LIST-
 ED  IN  SCHEDULE  I  OF SECTION THREE THOUSAND THREE HUNDRED SIX OF THIS
 TITLE AS A SCHEDULE II, III, IV OR V SUBSTANCE, OR EXEMPT IT  FROM  THIS
 ARTICLE,  IF THAT SAME COMPOUND, MIXTURE OR PREPARATION IS DESIGNATED OR
 RESCHEDULED OTHER THAN UNDER SCHEDULE I  UNDER  THE  FEDERAL  CONTROLLED
 SUBSTANCES  ACT,  OR DELETED AS A CONTROLLED SUBSTANCE UNDER THE FEDERAL
 CONTROLLED SUBSTANCES ACT.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15565-03-8

2017-S8275B (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §3307, Pub Health L

2017-S8275B (ACTIVE) - Summary

2017-S8275B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8275B

SPONSOR: JACOBS
 
TITLE OF BILL:  An act to amend the public health law, in relation to
authorizing the reclassification of controlled substances by regulation

 
PURPOSE:

This bill will increase treatment options by allowing for certain drugs
to be reclassified by the Commissioner of the Department of Health after
action by the federal government.

 
SUMMARY OF PROVISIONS:

Section 1: amends public health law by adding a new section 3307.  This
section provides that, if a drug is rescheduled by the federal govern-
ment, the commissioner may reschedule the drug under New York State law
through regulatory action and may only reclassify the drug to a new
subdivision in the same numbered schedule or a higher numbered schedule
than to which it is rescheduled under the federal act.

Section 2: sets an effective date for this act.

 
JUSTIFICATION:

The Federal Drug Administration may reclassify drugs at any time
throughout the year. Should the New York Legislature be out of session
at the time of these reclassification, drugs which otherwise would be
available to New York residents, will be unavailable until such time as
the New York legislature reconvenes and takes legislative action. This
may, at times, interrupt patients that are already using the drug under
the federal "compassionate care" program, which would end at the time
the federal government makes a drug commercially available. This legis-
lation would serve as a measure that would allow the Commissioner of
Health to reschedule using regulatory action should he or she find that
may impair the health of patients. This legislation would also limit the
commissioner's reclassification powers to only being able to reclassify
drugs to a new subdivision in the same numbered schedule or a higher
numbered schedule than which to it is rescheduled under the federal act.

 
LEGISLATIVE HISTORY:

NONE

 
FISCAL IMPLICATIONS:

NONE

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S8275B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8275--B
 
                             I N  S E N A T E
 
                              April 26, 2018
                                ___________
 
 Introduced  by  Sen.  JACOBS -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the public health law, in relation  to  authorizing  the
   reclassification of controlled substances by regulation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 5 of section 3307 of the public health  law  is
 renumbered  subdivision  6  and  a new subdivision 5 is added to read as
 follows:
   5. THE COMMISSIONER MAY BY REGULATION OR EMERGENCY REGULATION, RECLAS-
 SIFY ANY COMPOUND, MIXTURE OR PREPARATION CONTAINING ANY SUBSTANCE LIST-
 ED IN SCHEDULE I OF SECTION THREE THOUSAND THREE  HUNDRED  SIX  OF  THIS
 TITLE  AS  A SCHEDULE II, III, IV OR V SUBSTANCE, OR EXEMPT IT FROM THIS
 ARTICLE, IF THAT SAME COMPOUND, MIXTURE OR PREPARATION  IS  REDESIGNATED
 OR  RESCHEDULED OTHER THAN UNDER SCHEDULE I UNDER THE FEDERAL CONTROLLED
 SUBSTANCES ACT, OR DELETED AS A CONTROLLED SUBSTANCE UNDER  THE  FEDERAL
 CONTROLLED  SUBSTANCES ACT. IF THE COMMISSIONER ACTS UNDER THIS SUBDIVI-
 SION AND DOES NOT EXEMPT THE COMPOUND, MIXTURE OR PREPARATION FROM  THIS
 ARTICLE, HE OR SHE MAY ONLY RECLASSIFY IT TO A NEWLY CREATED SUBDIVISION
 IN  THE  SAME  NUMBERED  SCHEDULE  OR A HIGHER NUMBERED SCHEDULE THAN TO
 WHICH IT IS REDESIGNATED OR RESCHEDULED UNDER THE FEDERAL ACT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15565-09-8

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