S T A T E O F N E W Y O R K
________________________________________________________________________
337
2021-2022 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 6, 2021
___________
Introduced by M. of A. BRAUNSTEIN -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to opioid analgesic
prescriptions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
3309-b to read as follows:
§ 3309-B. OPIOID ANALGESIC PRESCRIPTION. 1. WITH THE FIRST
PRESCRIPTION TO A PARTICULAR PATIENT OF AN OPIOID OF EACH YEAR FOR USE
IN A SETTING OTHER THAN A GENERAL HOSPITAL OR NURSING HOME UNDER ARTICLE
TWENTY-EIGHT OF THIS CHAPTER OR FACILITY UNDER ARTICLE THIRTY-ONE OF THE
MENTAL HYGIENE LAW, OR WHEN A PRACTITIONER IS PRESCRIBING A CONTROLLED
SUBSTANCE TO A PATIENT UNDER THE CARE OF HOSPICE AS DEFINED BY SECTION
FOUR THOUSAND TWO OF THIS CHAPTER, THE PRESCRIBING PHYSICIAN SHALL COUN-
SEL THE PATIENT ON THE RISKS OF OVERDOSE, AND INFORM THE PATIENT OF THE
AVAILABILITY OF AN OPIOID ANTAGONIST, INCLUDING, BUT NOT LIMITED TO,
NALOXONE.
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "OPIOID ANALGESICS" MEANS THE MEDICINES BUPRENORPHINE, BUTORPHA-
NOL, CODEINE, HYDROCODONE, HYDROMORPHONE, LEVORPHANOL, MEPERIDINE,
METHADONE, MORPHINE, NALBUPHINE, OXYCODONE, OXYMORPHONE, PENTAZOCINE,
PROPOXYPHENE AS WELL AS THEIR BRAND NAMES, ISOMERS AND COMBINATIONS.
(B) "OPIOID ANTAGONIST" MEANS AN FDA-APPROVED DRUG THAT, WHEN ADMINIS-
TERED, NEGATES OR NEUTRALIZES IN WHOLE OR IN PART THE PHARMACOLOGICAL
EFFECTS OF AN OPIOID IN THE BODY. THE OPIOID ANTAGONIST IS LIMITED TO
NALOXONE OR OTHER MEDICATIONS APPROVED BY THE DEPARTMENT FOR THIS
PURPOSE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00932-02-1
A. 337 2
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.