New York S 732: Relates to prescribing opioids to a minor

Bill Text

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S00732 Summary:

BILL NOS00732 

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SAME ASNo Same As

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SPONSORGALLIVAN

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COSPNSRHELMING

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MLTSPNSR

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Add §3346, Pub Health L

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Relates to prescribing opioids to a minor; prohibits practitioners from prescribing to a minor more than a seven day supply of any controlled substance containing an opioid; requires practitioners to obtain written parental consent before issuing a first prescription of a controlled substance containing an opioid to a minor; establishes exceptions.

Go to top S00732 Actions:

BILL NOS00732 

&nbsp

01/08/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

Go to topS00732 Committee&nbspVotes:

Go to topS00732 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00732 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 732

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GALLIVAN, HELMING -- 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 prescribing
 opioids to a minor

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The public health law is amended by adding a new section
 2 3346 to read as follows:
 3 § 3346. Prescribing opioids to minors. 1. As used in this section, the
 4 following terms shall have the following meanings:
 5 (a) "another adult authorized to consent to the minor's medical treat-
 6 ment" means an adult to whom a minor's parent or guardian has given
 7 written authorization to consent to the minor's medical treatment;
 8 (b) "medical emergency" means a situation that in a practitioner's
 9 good faith medical judgment creates an immediate threat of serious risk
 10 to the life or physical health of a minor; and
 11 (c) "minor" means an individual under eighteen years of age who is not
 12 emancipated. For purposes of this section, an individual under eighteen
 13 years of age is emancipated only if the individual has married, has
 14 entered the armed services of the United States, has become employed and
 15 self-sustaining, or otherwise has become independent from the care and
 16 control of the individual's parent, guardian, or custodian.
 17 2. (a) A practitioner shall not prescribe to a minor more than a seven
 18 day supply of any controlled substance containing an opioid.
 19 (b) Except as provided in subdivision three of this section, before
 20 issuing for a minor the first prescription in a single course of treat-
 21 ment for a particular compound that is a controlled substance containing
 22 an opioid, regardless of whether the dosage is modified during that
 23 course of treatment, a practitioner shall:
 24 (i) assess whether the minor has ever suffered, or is currently
 25 suffering, from mental health or substance abuse disorders and whether
 26 the minor has taken or is currently taking prescription drugs for treat-
 27 ment of those disorders;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02877-01-5

 S. 732 2

 1 (ii) discuss with the minor and the minor's parent, guardian, or
 2 another adult authorized to consent to the minor's medical treatment all
 3 of the following:
 4 (A) the risks of addiction and overdose associated with the controlled
 5 substance containing an opioid;
 6 (B) the increased risk of addiction to controlled substances of indi-
 7 viduals suffering from both mental and substance abuse disorders;
 8 (C) the dangers of taking controlled substances containing an opioid
 9 with benzodiazepines, alcohol, or other central nervous system depres-
 10 sants; and
 11 (D) any other information in the patient counseling information
 12 section of the labeling for controlled substances containing an opioid
 13 required under 21 C.F.R. 201.57(c)(18); and
 14 (iii) obtain written consent for the prescription from the minor's
 15 parent, guardian, or, subject to subdivision four of this section,
 16 another adult authorized to consent to the minor's medical treatment.
 17 The practitioner shall record the consent on a form prescribed by the
 18 commissioner. The form shall be separate f