2020 New York Laws
TAX - Tax
Article 20-D - Excise Tax on Sale of Opioids
497 - Definitions.

§  497.  Definitions.  The  following  terms  shall have the following
meanings when used in this article.
  (a)  "Opioid"  shall  mean  an  "opiate"  as  defined  by  subdivision
twenty-three  of  section  thirty-three hundred two of the public health
law and any natural, synthetic,  or  semisynthetic  "narcotic  drug"  as
defined  by  subdivision  twenty-two  of  such section that has agonist,
partial  agonist,  or  agonist/antagonist  morphine-like  activities  or
effects   similar  to  natural  opium  alkaloids,  and  any  derivative,
congener, or combination thereof listed in  schedules  II-V  of  section
thirty-three  hundred  six  of  the public health law. The term "opioid"
shall not mean buprenorphine, methadone, or morphine.
  (b) "Unit" shall mean a single finished dosage form of an opioid, such
as a pill, tablet, capsule, suppository, transdermal patch, buccal film,
milliliter of liquid, milligram of topical  preparation,  or  any  other
form.
  (c)  "Strength per unit" shall mean the amount of opioid in a unit, as
measured by weight, volume, concentration or other metric.
  (d) "Morphine milligram equivalent conversion factor" shall mean  that
reference  standard  of  a particular opioid as it relates in potency to
morphine as determined by the commissioner of health.
  (e) "Morphine milligram equivalent" shall mean a  unit  multiplied  by
its  strength  per  unit multiplied by the morphine milligram equivalent
conversion factor.
  (f) "Registrant" shall mean: (1)  any  person,  firm,  corporation  or
association  that:  (i)  is required to be registered with the education
department  as  a  wholesaler,  manufacturer,  or  outsourcing  facility
pursuant  to  section  six  thousand  eight hundred eight or section six
thousand eight hundred eight-b of the education law and (ii)  holds  and
transfers  title to an opioid unit; (2) any person, firm, corporation or
association that: (i) would  be  required  to  be  registered  with  the
education  department  as  a  wholesaler,  manufacturer,  or outsourcing
facility pursuant to such section six thousand eight hundred eight-b but
for the exception in subdivision two of such section and (ii) holds  and
transfers  title to an opioid unit; or (3) any person, firm, corporation
or association that: (i) is required to be registered  with  the  health
department  as  a  manufacturer or distributor of a controlled substance
pursuant to section thirty-three hundred ten of the  public  health  law
and (ii) holds and transfers title to an opioid unit.
  (g)  "Wholesale  acquisition  cost" shall mean the manufacturer's list
price for an opioid unit to wholesalers  or  direct  purchasers  in  the
United  States,  not including prompt pay or other discounts, rebates or
reductions in price, for the most recent month for which the information
is  available,  as  reported  in  wholesale  price   guides   or   other
publications of drug or biological pricing data.
  (h)  "Sale"  shall  mean any transfer of title to an opioid unit for a
consideration where actual or constructive  possession  of  such  opioid
unit is transferred by a registrant holding title to such opioid unit to
a  purchaser  or  its  designee  in this state. A sale shall not include
either the dispensing of an opioid unit pursuant to a prescription to an
ultimate consumer or the transfer of title to  an  opioid  unit  from  a
manufacturer  in  this state to a purchaser outside this state when such
opioid unit will be used or consumed outside this state.