Senate Bill S7357

                             
                     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.