BILL NUMBER: S3906

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to classifying gaba-
pentin as a controlled substance

 
SUMMARY OF SPECIFIC 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 (OMB). 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.

 
PRIOR LEGISLATIVE HISTORY:

2018 - S.8145-A (Hannon)

 
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.