S T A T E O F N E W Y O R K
________________________________________________________________________
9010--B
2025-2026 Regular Sessions
I N A S S E M B L Y
August 13, 2025
___________
Introduced by M. of A. ROSENTHAL, GALLAGHER, STECK, SHIMSKY, SIMON --
read once and referred to the Committee on Health -- recommitted to
the Committee on Health in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to requiring practi-
tioners to discuss certain risks with a patient who is being
prescribed a controlled substance or an opioid analgesic
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9 of section 3331 of the public health law, as
added by chapter 732 of the laws of 2022, is amended to read as follows:
9. (a) When a patient seeks treatment for any [neuromusculoskeletal]
condition that causes pain, where a practitioner considers [an opioid
treatment] PRESCRIPTION OF ANY OPIOID DRUG WHICH IS AN INITIAL
PRESCRIPTION FOR ACUTE OR CHRONIC PAIN AND AGAIN PRIOR TO ISSUING THE
THIRD PRESCRIPTION OF THE COURSE OF TREATMENT, the practitioner shall
consider, discuss with the patient AS SET FORTH IN PARAGRAPH (B) OF THIS
SUBDIVISION, and, as appropriate, refer or prescribe non-opioid treat-
ment alternatives, based on the practitioner's clinical judgment and
following generally accepted national professional or treatment guide-
lines, and consistent with patient preference and consent, before start-
ing a patient on opioid treatment. For the purposes of this subdivision,
non-opioid treatment alternatives include, but are not limited to:
acupuncture, chiropractic, massage therapy, physical therapy, occupa-
tional therapy, cognitive behavioral therapy, non-opioid medications,
interventional treatments and non-clinical activities such as exercise.
The practitioner shall inform the patient that some treatments may not
be covered by the patient's health coverage.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11164-05-6
A. 9010--B 2
(b) A PRACTITIONER SHALL DISCUSS WITH THE PATIENT, OR THE PATIENT'S
PARENT OR GUARDIAN IF THE PATIENT IS UNDER EIGHTEEN YEARS OF AGE AND IS
NOT AN EMANCIPATED MINOR, THE RISKS ASSOCIATED WITH THE DRUGS BEING
PRESCRIBED, INCLUDING BUT NOT LIMITED TO:
(I) THE RISKS OF ADDICTION AND OVERDOSE ASSOCIATED WITH OPIOID DRUGS
AND THE DANGERS OF TAKING OPIOID DRUGS WITH ALCOHOL, BENZODIAZEPINES AND
OTHER CENTRAL NERVOUS SYSTEM DEPRESSANTS;
(II) THE REASONS WHY THE PRESCRIPTION IS NECESSARY;
(III) ALTERNATIVE TREATMENTS THAT MAY BE AVAILABLE; AND
(IV) THE RISKS ASSOCIATED WITH THE USE OF THE DRUGS BEING PRESCRIBED,
SPECIFICALLY THAT OPIOIDS ARE HIGHLY ADDICTIVE, EVEN WHEN TAKEN AS
PRESCRIBED, THAT THERE IS A RISK OF DEVELOPING A PHYSICAL OR PSYCHOLOG-
ICAL DEPENDENCE ON THE CONTROLLED SUBSTANCE, AND THAT THE RISKS OF
TAKING MORE OPIOIDS THAN PRESCRIBED, OR MIXING SEDATIVES, BENZODIAZE-
PINES OR ALCOHOL WITH OPIOIDS, CAN RESULT IN FATAL RESPIRATORY
DEPRESSION.
(C) THE DEPARTMENT SHALL DEVELOP AND MAKE AVAILABLE TO PRACTITIONERS
GUIDELINES FOR THE DISCUSSION REQUIRED BY THIS SUBDIVISION.
(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.
§ 2. Paragraph (a) of subdivision 3 of section 3309 of the public
health law is amended by adding a new subparagraph (vii) to read as
follows:
(VII) "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.
§ 3. Subdivision 7 of section 3309 of the public health law, as added
by chapter 803 of the laws of 2021, is amended to read as follows:
7. [With] FOR the first OPIOID ANALGESIC prescription [to a particular
patient] of [an opioid of each] A CALENDAR year THAT IS GREATER THAN A
ONE WEEK'S SUPPLY, 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 practi-
tioner is prescribing a controlled substance to a patient under the care
of hospice as defined by section four thousand two of this chapter, the
prescriber shall COUNSEL THE PATIENT ON THE RISKS OF OVERDOSE, AND
prescribe an opioid antagonist when any of the following risk factors
are present: (a) a history of substance use disorder; (b) high dose or
cumulative prescriptions that result in ninety morphine milligram equiv-
alents or higher per day; (c) concurrent use of opioids and benzodiaze-
pine or nonbenzodiazepine sedative hypnotics.
§ 4. This act shall take effect immediately.