Assemblyman Upendra Chivukula and Assemblywoman Linda Greenstein

CHIVUKULA/GREENSTEIN BILL UPGRADING PENALTIES
FOR Rx DRUG TAMPERING CLEARS ASSEMBLY COMMITTEE

(TRENTON) -- Legislation Assembly members Upendra Chivukula and Linda Greenstein sponsored to stiffen penalties against persons convicted of tampering with prescription medicines was released today by an Assembly committee."People who rely on their pharmacists to fill their prescriptions to the letter must have every assurance that the medicine in the bottle is exactly as a doctor ordered," said Chivukula (D-Somerset). "Passing a tampered prescription to any unwitting resident -- especially a senior citizen or child -- is a severe breach of medical ethics and trust and cannot be treated lightly."

The Chivukula/Greenstein bill (A-3405) would expand the state's law against prescription drug tampering to include the addition of substances that can alter a medication’s strength without a doctor’s consent -- current statute only refers to the addition of a poisonous or noxious substance. Any altered prescription drug whose container does not disclose that the product has been changed would be considered tampered. Tampering with a prescription medication would be a second-degree crime, punishable by up to $150,000 in fines and 10 years in jail.

The bill also would upgrade current penalties against general tampering with a cosmetic, non-prescription drug, or food product to a crime of the third degree. Violators could be punished by up to $15,000 in fines and five years in jail.

"Product tampering has become more sophisticated since the Tylenol scares of the 1980s," said Greenstein (D-Middlesex). "Changing the strength of a drug can have the same fatal consequences as adding poison. Criminals who would prey on unsuspecting consumers must be taught a harsh lesson."

The Assembly Judiciary Committee released the bill 6-0. It now goes to the Assembly Speaker, who decides if and when to post it for a floor vote.

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FOR RELEASE:
January 22, 2007

CONTACT:
Assemblyman Chivukula
(732) 247-3999
Assemblywoman Greenstein
(609) 395-9911
Derek Roseman
(609) 292-7065