S T A T E O F N E W Y O R K
________________________________________________________________________
6518
2025-2026 Regular Sessions
I N A S S E M B L Y
March 5, 2025
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring persons
prescribing or dispensing opioids to counsel patients about the poten-
tial addictive properties of opioids
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3331 of the public health law is amended by adding
a new subdivision 10 to read as follows:
10. (A) PRIOR TO PRESCRIBING ANY OPIOID TO A PATIENT INITIATING OR
BEING MAINTAINED ON OPIOID TREATMENT FOR PAIN, THE PRESCRIBING PRACTI-
TIONER SHALL COUNSEL THE PATIENT AND THE PATIENT'S FAMILY OR CAREGIVER,
IF APPLICABLE, ABOUT THE POTENTIAL ADDICTIVE PROPERTIES OF OPIOIDS. SUCH
COUNSELLING SHALL BE PROVIDED UPON THE DISPENSING OF THE INITIAL
PRESCRIPTION AND AT EVERY SUBSEQUENT VISIT WHEN THE PRESCRIPTION IS
RENEWED.
(B) THE COUNSELLING REQUIRED BY THIS SUBDIVISION SHALL INCLUDE INFOR-
MATION REGARDING THE RISKS OF DEPENDENCE, MISUSE, AND OVERDOSE, A
DISCUSSION REGARDING PAIN MANAGEMENT, SIDE EFFECTS, TREATMENT GOALS AND
THE APPROPRIATE USE OF OPIOIDS, AND THE USE OF NALOXONE IN CASE OF ACCI-
DENTAL OVERDOSE, AS WELL AS ANY ADDITIONAL INFORMATION SPECIFIED BY THE
COMMISSIONER.
(C) THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY TO ONLINE DISPEN-
SERS OF CONTROLLED SUBSTANCES AND TO INSTITUTIONAL DISPENSERS.
(D) THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY FOR PATIENTS
BEING TREATED UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: TREATMENT OF
CANCER; HOSPICE OR OTHER END-OF-LIFE CARE; POST-SURGERY TREATMENT IMME-
DIATELY FOLLOWING A SURGICAL PROCEDURE; OR IN A MEDICAL EMERGENCY. FOR
PURPOSES OF THIS SUBDIVISION, "MEDICAL EMERGENCY" MEANS AN ACUTE INJURY
OR ILLNESS THAT POSES AN IMMEDIATE RISK TO A PERSON'S LIFE OR HEALTH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10222-01-5
A. 6518 2
§ 2. Section 3337 of the public health law is amended by adding a new
subdivision 5 to read as follows:
5. (A) PRIOR TO FILLING A PRESCRIPTION FOR ANY OPIOID FOR A PATIENT
INITIATING OR BEING MAINTAINED ON OPIOID TREATMENT FOR PAIN, THE PHARMA-
CIST SHALL COUNSEL THE PATIENT AND THE PATIENT'S FAMILY OR CAREGIVER, IF
APPLICABLE, ABOUT THE POTENTIAL ADDICTIVE PROPERTIES OF OPIOIDS. SUCH
COUNSELLING SHALL BE PROVIDED UPON THE DISPENSING OF THE INITIAL
PRESCRIPTION AND AT EVERY SUBSEQUENT VISIT WHEN THE PRESCRIPTION IS
RENEWED.
(B) THE COUNSELLING REQUIRED BY THIS SUBDIVISION SHALL INCLUDE INFOR-
MATION REGARDING THE RISKS OF DEPENDENCE, MISUSE, AND OVERDOSE, A
DISCUSSION REGARDING PAIN MANAGEMENT, SIDE EFFECTS, TREATMENT GOALS AND
THE APPROPRIATE USE OF OPIOIDS, AND THE USE OF NALOXONE IN CASE OF ACCI-
DENTAL OVERDOSE, AS WELL AS ANY ADDITIONAL INFORMATION SPECIFIED BY THE
COMMISSIONER.
(C) THE REQUIREMENTS OF THIS SUBDIVISION SHALL NOT APPLY FOR PATIENTS
BEING TREATED UNDER ANY OF THE FOLLOWING CIRCUMSTANCES: TREATMENT OF
CANCER; HOSPICE OR OTHER END-OF-LIFE CARE; POST-SURGERY TREATMENT IMME-
DIATELY FOLLOWING A SURGICAL PROCEDURE; OR IN A MEDICAL EMERGENCY. FOR
PURPOSES OF THIS SUBDIVISION, "MEDICAL EMERGENCY" MEANS AN ACUTE INJURY
OR ILLNESS THAT POSES AN IMMEDIATE RISK TO A PERSON'S LIFE OR HEALTH.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.