S T A T E O F N E W Y O R K
________________________________________________________________________
70
2023-2024 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2023
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Substance
Abuse
AN ACT to amend the public health law, in relation to requesting the
opioid history of certain persons
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 PREVENTION; REQUEST OPIOID HISTORY. NOTWITHSTANDING
ANY INCONSISTENT PROVISION OF LAW TO THE CONTRARY, WHERE A HEALTH CARE
PROFESSIONAL OR PROFESSIONALS REQUIRE THE COMPLETION OF AN ALLERGY
CHECKLIST OR FORM BY THE PATIENT, PRIOR TO RECEIVING CARE BY SUCH
PROFESSIONAL OR PROFESSIONALS, THE CHECKLIST OR FORM SHALL ALSO INQUIRE
ABOUT THE OPIOID HISTORY OF SUCH PATIENT. SUCH OPIOID HISTORY PROVIDED
BY THE PATIENT, IF ANY, IS INTENDED TO INFORM THE HEALTH CARE PROFES-
SIONAL OR PROFESSIONALS DIAGNOSTIC AND TREATMENT OPTIONS IN ORDER TO
PREVENT ANY OPIOID RELAPSE BY SUCH PATIENT. THE PROVISION OF THIS
SECTION SHALL NOT SUPPLANT THE REQUIREMENTS SET FORTH UNDER SECTION
THIRTY-THREE HUNDRED FORTY-THREE-A OF THIS ARTICLE RELATED TO THE DUTY
TO CONSULT THE PRESCRIPTION MONITORING PROGRAM REGISTRY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00591-01-3