Bill Text: NY A10468 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2018-07-31 - signed chap.164 [A10468 Detail]

Download: New_York-2017-A10468-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10468
                   IN ASSEMBLY
                                     April 25, 2018
                                       ___________
        Introduced by M. of A. RYAN -- Multi-Sponsored by -- M. of A. GOTTFRIED,
          RAIA -- read once and referred 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:
     1    Section  1.  Subdivision 5 of section 3307 of the public health law is
     2  renumbered subdivision 6 and a new subdivision 5 is  added  to  read  as
     3  follows:
     4    5.  (a)  The  commissioner  may by regulation reclassify any compound,
     5  mixture or preparation containing any substance listed in Schedule I  of
     6  section three thousand three hundred six of this title as a Schedule II,
     7  III,  IV  or  V  substance,  or  exempt  it  from  this article, if that
     8  compound, mixture or preparation is designated or rescheduled other than
     9  under Schedule I under the federal Controlled Substances Act, or deleted
    10  as a controlled substance under the federal Controlled Substances Act.
    11    (b) If the commissioner finds that such federal action  is  reasonably
    12  anticipated  to happen and that procedural delay in regulatory action by
    13  the commissioner under this  subdivision  may  interrupt  treatment  and
    14  impair the health of patients, the commissioner may take emergency regu-
    15  latory  action under this subdivision before the federal action, to take
    16  effect upon the taking effect of the federal action.
    17    § 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