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History
- Referred to health
- Referred to health
Full text
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Sponsor's memo
Title of bill
An act to amend the public health law, in relation to making ephedrine and ma huang controlled substances
Purpose
The purpose of this bill is to classify ephedrine, pseudoephedrine, chloropseudoephedrine, norpseudoephedrine, N-methylephedrine, Nethylephedrine, and the salts isomers, or salts of isomers, of these substances as Schedule V controlled substances.
Summary of provisions
Section one amends section 3306 of the Public Health Law by adding a new subdivision (d). Subdivision (d) places ephedrine, pseudoephedrine, chloropseudoephedrine, norpseudoephedrine, N-methylephedrine, Nethylephedrine, and the salts, isomers (whether optical, position, or geometric), or salts of isomers of these substances, on the list of Schedule V controlled substances. Section 3307 of the Public Health Law is also amended by adding a new subdivision five. Subdivision five provides for the exceptions from the list of schedule V controlled substances in section 3306-d. These exceptions can be made on the commissioner's own initiative or at the request of any person. Subsection three of Section 3307 allows the commissioner to promulgate the rules and regulations authorized by Section 3307, subdivision five, and lists drugs, by whatever official name, that are excepted from section 3306-d.
Read the full memo (700 words)
Justification
The dietary supplement known as ephedrine or its Chinese name, ma Izuang was once popular in the United States as a decongestant and asthma treatment during the 1930s. Since then, it has become prevalent in athletics and used daily by individuals for body toning and losing weight. Ephedrine is a drug intended for rise as a decongestant, a stimulant for the central nervous system, and to battle certain sleep disorders and types of depression. Along with increasing the heart and blood pressure, ephedrine builds up in the user's system when taken daily. The side effects include: cardiac arrhythmias, nervousness, insomnia, headaches, gastrointestinal distress, heat-strokes, psychosis, and heart attacks. This could result in serious risk to the individual or even worse, death. Recently, 23 year old Baltimore Orioles pitcher Steve Bechler died in February after collapsing during workouts the day before he was due to begin spring training. A bottle of Xenadrine was found inside Bechler's locker and according to toxicology tests, it was confirmed that significant amounts of this over-the-counter drug along with two other stimulants, pseudoephedrine and caffeine were discovered in his blood. Xenadrine is marketed as a weight loss product and therefore, is available to anyone at local drug stores, pharmacies and health stores. There is a serious need for this legislation to become a controlled substance because people who are inclined to use this drug frequently consume more than the recommended dosages. Generally, physicians prescribe 25 milligrams daily however, ephedrine is sold in local stores at dosages as high as 75-90 milligrams. By making ephedra a controlled substance, a physician would be required to write a prescription to patients for ephedrine at a dosage that is appropriate based on the individual's medical history. When ephedrine is available at various dosages over the counter, people are put at risk with this dietary supplement. The United States Poison Control centers have reported that in 2001 there were 1,178 reactions to ephedrine dietary supplements. Ephedrine also accounted for 64 percent of all reactions involving herbs. Ephedrine is known to result in more substantial risks as opposed to health benefits. The Food and Drug Administration has reported that 100 ephedrine users have died as a result of taking this dietary supplement. The proposed amendment would classify ephedrine as a Schedule V controlled substance under the Health Law. Currently several states that include: Ohio, Florida, Texas, and California have established ephedrine as a controlled substance. The health problems and the increased popularity of dietary supplements are indications that the need to protect our State is essential to the passage of this legislation.
Legislative history
This legislation was first introduced in 1997
Fiscal implications
None to State.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that section two of this act shall take effect immediately and the Commissioner of Health shall be authorized to take necessary steps to implement the provisions of section two of this act in a timely manner.
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