Assembly Bill A9841

2023-2024 Legislative Session

Requires persons prescribing or dispensing opioids to counsel patients about the potential addictive properties of opioids

download bill text pdf

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Current Bill Status - In Assembly 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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2023-A9841 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3331 & 3337, Pub Health L

2023-A9841 (ACTIVE) - Summary

Requires practitioners to provide counselling to patients about the potential addictive properties of opioids prior to prescribing such medications; requires pharmacists to provide counselling to patients about the potential addictive properties of opioids at the time a prescription for opioids is filled.

2023-A9841 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9841
 
                           I N  A S S E M B L Y
 
                              April 11, 2024
                                ___________
 
 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.
   §  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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