NY State Senate Bill 2025-S7357

Senate Bill S7357

2025-2026 Legislative Session

Requires hospital and emergency room physicians to notify a patient's prescriber that such patient is being treated for a controlled substance overdose

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 10, 2025	referred to health

2025-S7357 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§3371 & 3343-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7946
2017-2018: S2639
2019-2020: S3271
2021-2022: S6168
2023-2024: S4758

2025-S7357 (ACTIVE) - Summary

Requires hospital and emergency room physicians to consult the prescription monitoring program registry and to notify a patient's prescriber that such patient is being treated for a controlled substance overdose.

2025-S7357 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7357

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring hospital
and emergency room physicians to notify a patient's prescriber that such
patient is being treated for a controlled substance overdose

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires hospital and emergency room physicians to notify a patient's
prescriber that such patient is being treated for a controlled substance
overdose.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 through 3 of the bill amends Public Health Law Section 3371
to extend provisions relating to the confidentiality of certain health
records to the conveyance of information relating to the treatment of a
patient for a controlled substance overdose

Section 4 of the bill amends the opening paragraph of subdivision 2 of
Public Health Law Section 3343-a by adding a requirement that every
emergency room or hospital practitioner must consult the prescription
monitoring program registry when treating a patient for a controlled
substance overdose and also must notify the patients prescriber of the
controlled substance of the patients overdose

Section 5 of the bill is the effective date

 
JUSTIFICATION:

In the past several years, New York State has recognized that the ramp-
ant abuse and diversion. of opioids has necessitated the implementation
of various anti-abuse policies. It is clear that these policies need to
be approached comprehensively by government, law enforcement and health
care providers. Since 2013, New York State has required that prescribers
are required to consult the Prescription Monitoring Program (PMP) Regis-
try when prescribing Schedule II, Ill, and IV controlled substances. The
information provided by this registry allows prescribers/practitioners
to better evaluate their patients' treatment with controlled substances
and determine whether there may be abuse of non-medical use.

This bill is a necessary and common sense extension of the purposes and
requirements of ISTOP and the prescription monitoring registry to insure
that vital medical information is shared among health care practition-
ers. The bill mandates that an emergency room or hospital practitioner
take two steps in treating a patient with an opioid overdose: consult
the prescription monitoring registry and notify the patient's prescriber
of the patient's treatment for an overdose. Such notification provides
the prescriber with information vital to the proper medical treatment of
the patient. Without such notification of the overdose, it is very
possible that the prescriber/practitioner would not know that the
patient had suffered an overdose of the opioid.

 
PRIOR LEGISLATIVE HISTORY:

2024: S.4758 - Referred to Health
2023: S.4758 - Referred to Health

2022: S.6168 - Referred to Health

2021: S.6168 - Referred to Health

2020: S.3271 - Referred to Health

2019: S.3271 - Referred to Health

2018: S.2639 - Passed Senate/A.1043 -Referred to Health

2017: S.2639 - Passed Senate/A.1043 -Referred to Health

2016: S.7946 - Passed Senate/A.10229- Referred to Health

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to paragraph (a) of subdivision 2 of section 3371 of the
public health law as amended by section two of this act shall be subject
to the expiration and reversion of such subdivision pursuant to section
12 of chapter 90 of the laws of 2014, as amended, when upon such date.

2025-S7357 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7357
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to requiring hospital
   and emergency room physicians to notify a  patient's  prescriber  that
   such patient is being treated for a controlled substance overdose

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (i) and (j) of subdivision 1 of section 3371  of
 the public health law, as added by section 4 of part A of chapter 447 of
 the laws of 2012, are amended to read as follows:
   (i)  to a medical examiner or coroner who is an officer of or employed
 by a state or local government, pursuant to [his or her] THEIR  official
 duties; [and]
   (j) to an individual for the purpose of providing such individual with
 [his  or  her] THEIR own controlled substance history or, in appropriate
 circumstances, in the case of a  patient  who  lacks  capacity  to  make
 health  care  decisions,  a  person who has legal authority to make such
 decisions for the patient  and  who  would  have  legal  access  to  the
 patient's health care records, if requested from the department pursuant
 to subdivision six of section thirty-three hundred forty-three-a of this
 article or from a treating practitioner pursuant to subparagraph (iv) of
 paragraph (a) of subdivision two of this section; AND
   (K)  TO  A  PRACTITIONER TO INFORM SUCH PRACTITIONER THAT A PATIENT IS
 UNDER TREATMENT FOR A CONTROLLED SUBSTANCE OVERDOSE BY HOSPITAL OR EMER-
 GENCY ROOM PRACTITIONER FOR THE PURPOSES  OF  SUBDIVISION  TWO  OF  THIS
 SECTION.
   §  2.  Paragraph  (a)  of  subdivision 2 of section 3371 of the public
 health law, as amended by section 56-b of chapter  92  of  the  laws  of
 2021, is amended to read as follows:
   (a)  a  practitioner,  or  a  designee authorized by such practitioner
 pursuant to paragraph (b) of subdivision  two  of  section  thirty-three
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11100-01-5

 S. 7357                             2
 
 hundred  forty-three-a,  section  thirty-three hundred sixty-one of this
 article or section thirty of the cannabis law, for the purposes of:  (i)
 informing  the practitioner that a patient may be under treatment with a
 controlled  substance by another practitioner OR THAT A PATIENT IS UNDER
 TREATMENT FOR A CONTROLLED SUBSTANCE OVERDOSE; (ii) providing the  prac-
 titioner  with  notifications of controlled substance activity as deemed
 relevant by the department, including but not limited to a  notification
 made available on a monthly or other periodic basis through the registry
 of  controlled substances activity pertaining to [his or her] SUCH PRAC-
 TITIONER'S patient; (iii) allowing the practitioner,  through  consulta-
 tion  of the prescription monitoring program registry, to review [his or
 her] SUCH PRACTITIONER'S  patient's  controlled  substances  history  as
 required  by section thirty-three hundred forty-three-a, section thirty-
 three hundred sixty-one of this article or section thirty of the  canna-
 bis law; and (iv) providing to [his or her] SUCH PRACTITIONER'S patient,
 or  person  authorized  pursuant  to paragraph (j) of subdivision one of
 this  section,  upon  request,  a  copy  of  such  patient's  controlled
 substance  history  as  is  available  to  the  practitioner through the
 prescription monitoring program registry; or
   § 3. Paragraph (a) of subdivision 2 of  section  3371  of  the  public
 health  law,  as added by section 5 of part A of chapter 447 of the laws
 of 2012, is amended to read as follows:
   (a) a practitioner, or a  designee  authorized  by  such  practitioner
 pursuant  to  paragraph  (b)  of subdivision two of section thirty-three
 hundred forty-three-a of this article, for the purposes of: (i)  inform-
 ing  the  practitioner  that  a  patient  may  be under treatment with a
 controlled substance by another practitioner OR THAT A PATIENT IS  UNDER
 TREATMENT  FOR A CONTROLLED SUBSTANCE OVERDOSE; (ii) providing the prac-
 titioner with notifications of controlled substance activity  as  deemed
 relevant  by the department, including but not limited to a notification
 made available on a monthly or other periodic basis through the registry
 of controlled substances activity pertaining to [his or her] SUCH  PRAC-
 TITIONER'S  patient;  (iii) allowing the practitioner, through consulta-
 tion of the prescription monitoring program registry, to review [his  or
 her]  SUCH  PRACTITIONER'S  patient's  controlled  substances history as
 required by section thirty-three hundred forty-three-a of this  article;
 and  (iv)  providing  to  [his  or  her] SUCH PRACTITIONER'S patient, or
 person authorized pursuant to paragraph (j) of subdivision one  of  this
 section,  upon  request,  a  copy of such patient's controlled substance
 history as is available to the  practitioner  through  the  prescription
 monitoring program registry; or
   §  4.  The  opening  paragraph  of  paragraph  (a) of subdivision 2 of
 section 3343-a of the public health law, as added by section 2 of part A
 of chapter 447 of the laws of 2012, is amended to read as follows:
   Every practitioner shall consult the prescription  monitoring  program
 registry  prior  to  prescribing  or dispensing any controlled substance
 listed on schedule II, III or IV of section thirty-three hundred six  of
 this  article,  for  the  purpose  of  reviewing  a patient's controlled
 substance history as set forth in such registry AND EVERY EMERGENCY ROOM
 OR HOSPITAL  PRACTITIONER  SHALL  CONSULT  THE  PRESCRIPTION  MONITORING
 PROGRAM  REGISTRY  WHEN  TREATING  A  PATIENT FOR A CONTROLLED SUBSTANCE
 OVERDOSE AND SHALL NOTIFY THE PATIENT'S  PRESCRIBER  OF  SUCH  OVERDOSE;
 provided,  however,  that  nothing  in  this  section  shall preclude an
 authorized practitioner, other than a veterinarian, from consulting  the
 registry at [his or her] SUCH PRACTITIONER'S option prior to prescribing
 S. 7357                             3
 
 or dispensing any controlled substance. The duty to consult the registry
 shall not apply to:
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to paragraph (a) of subdivision 2 of section 3371 of  the
 public health law as amended by section two of this act shall be subject
 to  the expiration and reversion of such subdivision pursuant to section
 12 of chapter 90 of the laws of 2014, as amended, when  upon  such  date
 the provisions of section three of this act shall take effect.

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