Establishes the class B felony of criminal sale of a controlled substance by a practitioner or pharmacist

30 Co-sponsors

• Tony Avella
• Greg Ball
• John J. Bonacic
• Phil Boyle
• David Carlucci
• John A. DeFrancisco
• Simcha Felder
• John J. Flanagan
• Patrick M. Gallivan
• Martin J. Golden
• Joseph A. Griffo
• Mark Grisanti
• Andrew J. Lanza
• William J. Larkin Jr.
• Kenneth P. LaValle
• Betty Little
• Carl L. Marcellino
• Kathleen A. Marchione
• Jack M. Martins
• George D. Maziarz
• Michael F. Nozzolio
• Thomas F. O'Mara
• Michael H. Ranzenhofer
• Patty Ritchie
• Joseph E. Robach
• Diane J. Savino
• James L. Seward
• David J. Valesky
• Catharine Young
• Lee M. Zeldin

BILL NUMBER:S2941

Title of bill

An act to amend the penal law, in relation to establish- ing the class B felony of criminal sale of a controlled substance by a practitioner or pharmacist

Purpose

This bill would create a new crime to address that small group of practitioners and pharmacists who operate pill mills or fill prescriptions for controlled substance medications (such as pain medica- tions) other than in good faith in the course of their practice.

Summary of provisions

Section 1 of the bill adds a new section 220.66 to the penal law defin- ing a new crime of "Criminal sale of a controlled substance by a practi- tioner or pharmacist", which would be a class B felony. The language makes clear that the practitioner or pharmacist must act "other than in good faith in the course of his or her professional practice" to be guilty of the crime.

Section 2 of the bill provides for an effective date

Justification

Overdose deaths from prescription pain killers have reached epidemic proportions in the United States. In fact, according to a recent report of the Center for Disease Controls and Prevention (CDC), more people die from prescription drug overdoses than heroin or cocaine combined. In. New York City alone, drug related ER visits increased 40% between 2004 and 2009, and fatalities from opioid overdoses increased by 20% between 2004 and 2009. In addition to the overdoses, the opioid abuse epidemic results in expenditure of enormous law enforcement and addiction treatment resources, not to mention the pain and suffering of the families affected by the addiction. Dr. Shah, Commissioner of the NYS Department of Health,was recently quoted as saying "Crimes involving the illegal distribution of prescription drugs are a serious threat to the public's health and safety and must be addressed with every tool at government's disposal." This bill represents one of those tools that should be available to combat New York's prescription drug abuse epidem- ic.

New York already has a provision in the penal law that deals with physi- cians illegally prescribing controlled substances. That statute was used to indict Dr. Li who, according to 2011 reports, was running a pain clinic in Queens on the weekends where "patients" lined up before the doors opened. Dr. Li saw as many as 120 "patients" a day at the clinic, which had been operating since January 2009. While the indictment of Dr. Li relates to one patient, Michael Cornetta (who ultimately died of an overdose), it is believed as many as 9 people may have died as a result of his illegal prescribing. Dr. Li also reportedly prescribed more than 2,500 pain pills to the gunman who killed 4 people in a Medford, Long Island Pharmacy (and stole 10,000 hydrocodone pills) in June 2011.

New York currently lacks a similar provision in the penal law to address that small but often active group of practitioners and pharmacists who illegally and knowingly dispense the controlled substances. This bill tills that hole by creating in the penal law the crime of "criminal sale of a controlled substance by a practitioner or pharmacist." It is one of those important tools needed in New York to address this growing prob- lem.

Legislative history

S.6066 of 2012 passed Senate.

Fiscal implications

None.

Effective date

November 1, next succeeding the date upon which it shall have become law.