Requires the commissioner of health by regulation or emergency regulation, to reclassify any compound, mixture or preparation containing any substance listed in Schedule I of section three thousand three hundred six of the public health law as a Schedule II, III, IV or V substance, or exempt it, 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9722
SPONSOR: Reyes TITLE OF BILL:
An act to amend the public health law, in relation to providing for the
automatic rescheduling of certain compounds, mixtures or preparations
PURPOSE:
To provide for parity between the New York State schedule and the feder-
al schedule when certain drugs are approved for medical treatment
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 5 of section 3307 of the public health law
to provide that the commissioner of the Department of Health shall, by
regulation or emergency regulation, reclassify a compound, mixture, or
preparation containing a substance which is listed as a Schedule I,
Schedule II, Schedule III, Schedule IV, or Schedule V substance or
exempt it, if rescheduled per federal regulation.
Section 2 provides for the effective date, which is immediately.
JUSTIFICATION:
As of 2022, twenty-three states have granted the authority to schedule
or reschedule controlled substances to be in par with a federal schedul-
ing decision effectuated by regulation. This formulary ensures that even
if the U.S. Food and Drug Administration (FDA) classifies or reclassi-
fies a drug product for prescription use while the state legislature is
not in session, these drug products will be available for administration
by medical providers to ensure that there are no gaps in services.
This legislation would require the Commissioner of Health to schedule or
reschedule an FDA-approved drug product using regulatory action upon
federal scheduling or rescheduling by the Drug Enforcement Adminis-
tration (DEA). Without the statutory authority to automatically classify
or reclassify certain drug products, New Yorkers might experience a
delay in accessing and benefitting from federally approved breakthrough
therapies, such as MDMA-assisted therapies for post-traumatic stress
disorder or psilocybin treatment for depression.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9722
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to providing for the
automatic rescheduling of certain compounds, mixtures or preparations
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, as
2 added by chapter 164 of the laws of 2018, is amended to read as follows:
3 5. The commissioner [may] shall by regulation or emergency regulation,
4 reclassify any compound, mixture or preparation containing any substance
5 listed in Schedule I of section three thousand three hundred six of this
6 title as a Schedule II, III, IV or V substance, or exempt it from this
7 article, if that same compound, mixture or preparation is redesignated
8 or rescheduled other than under Schedule I under the federal Controlled
9 Substances Act, or deleted as a controlled substance under the federal
10 Controlled Substances Act. If the commissioner acts under this subdivi-
11 sion and does not exempt the compound, mixture or preparation from this
12 article, he or she may only reclassify it to a newly created subdivision
13 in the same numbered schedule or a higher numbered schedule than to
14 which it is redesignated or rescheduled under the federal act.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14190-01-1
