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Senate bill · S9852 (2025-26)

Relates to designated or rescheduled drugs

Latest action May 28, 2026

New York State Senate

Same as A11499, the matching bill in the Assembly.

Sponsor

Jessica Scarcella-Spanton

State Senator, District 23 · Democratic

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Summary

Provides that when a drug is designated or rescheduled by the federal government, it shall be deemed scheduled under NYS law automatically, without further action by the commissioner.

Summary from NY Open Legislation. How we handle summaries

Amends the Public Health Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 21, 2026. About our data

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Purpose, from the sponsor's memo

Enacts the "Access to Innovative Mental Health Treatments Act"

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Assigned to a committee for review.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Health · New York State Assembly

Also referred to Health · New York State Senate.

Cosponsors

James Sanders Jr., John Liu and 1 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic3

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Jessica Scarcella-Spanton says this is needed

The United States currently faces a mental health crisis. Millions of Americans, including an outsized portion of veterans and first respon- ders, struggle with mental health conditions such as Generalized Anxiety Disorder (GAD), Major Depressive Disorder (MDD), and Post-Traumatic Stress Disorder (PTSD). Up to 60 percent of patients grapple with medi- cation resistance, and cycle through treatment plans. GAD, for example, is among the most prevalent mental health conditions, yet a new medica- tion to treat GAD has not been approved in nearly two decades. At the same time, new classes of mental health therapies are advancing through clinical trials and rigorous scientific evaluation. Several treatments involving-controlled substances have received Breakthrough Therapy designation from the U.S. Food and Drug Administration, which illus- trates their potential to provide meaningful improvement over existing options. A number of these clinical trials are being conducted at lead- ing research institutions right here in New York. For this reason, New York's Public Health Law must be modernized to allow for immediate access to emerging mental health solutions following their approval by the FDA and rescheduling by the U.S. Drug Enforcement Administration. Consistent with the stated purpose of the New York State Controlled Substances Act to "allow legitimate use of controlled substances in health care," this bill addresses a critical gap in New York law and ensures that if a compound, mixture or preparation that contains a controlled substance is approved by the FDA and scheduled by the DEA, patients in New York will have rapid access to these innovative treatment options without delay. This refers only to compounds, mixtures, or preparations approved by the FDA for legitimate use in health care, not entire classes of substances. As promising clinical research advances toward FDA review, New York must be prepared for the next generation of mental health treatments. This legislation modernizes state law to ensure timely patient access to these emerging therapies, particularly for individuals, including veter- ans, who have not benefited from existing options. As a national leader in mental health, New York must be ready to meet this moment and support innovation that can improve patient outcomes.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 28, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Assembly

  2. Apr 8, 2026

    Referred to committee

    REFERRED TO HEALTH

    NY Senate