New York A 9010: Requires practitioners to discuss certain risks with a patient who is being prescribed a controlled substance or an opioid analgesic

Bill Text

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A09010 Summary:

BILL NOA09010B

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SAME ASSAME AS S06758-B

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SPONSORRosenthal

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COSPNSRGallagher, Steck, Shimsky, Simon, Griffin, Stern

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MLTSPNSR

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Amd §§3331 & 3309, Pub Health L

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Requires practitioners to discuss certain risks with a patient who is being prescribed a schedule II controlled substance or an opioid analgesic; requires the department of health to develop practitioner guidelines.

Go to top A09010 Actions:

BILL NOA09010B

&nbsp

08/13/2025referred to health

01/07/2026referred to health

01/22/2026amend and recommit to health

01/22/2026print number 9010a

05/04/2026amend and recommit to health

05/04/2026print number 9010b

Go to topA09010 Committee&nbspVotes:

Go to topA09010 Floor&nbspVotes:

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

Go to topA09010 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9010--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 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:

 1 Section 1. Subdivision 9 of section 3331 of the public health law, as
 2 added by chapter 732 of the laws of 2022, is amended to read as follows:
 3 9. (a) When a patient seeks treatment for any [neuromusculoskeletal]
 4 condition that causes pain, where a practitioner considers [an opioid
 5 treatment] prescription of any opioid drug which is an initial
 6 prescription for acute or chronic pain and again prior to issuing the
 7 third prescription of the course of treatment, the practitioner shall
 8 consider, discuss with the patient as set forth in paragraph (b) of this
 9 subdivision, and, as appropriate, refer or prescribe non-opioid treat-
 10 ment alternatives, based on the practitioner's clinical judgment and
 11 following generally accepted national professional or treatment guide-
 12 lines, and consistent with patient preference and consent, before start-
 13 ing a patient on opioid treatment. For the purposes of this subdivision,
 14 non-opioid treatment alternatives include, but are not limited to:
 15 acupuncture, chiropractic, massage therapy, physical therapy, occupa-
 16 tional therapy, cognitive behavioral therapy, non-opioid medications,
 17 interventional treatments and non-clinical activities such as exercise.
 18 The practitioner shall inform the patient that some treatments may not
 19 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

 1 (b) A practitioner shall discuss with the patient, or the patient's
 2 parent or guardian if the patient is under eighteen years of age and is
 3 not an emancipated minor, the risks associated with the drugs being
 4 prescribed, including but not limited to:
 5 (i) the risks of addiction and overdose associated with opioid drugs
 6 and the dangers of taking opioid drugs with alcohol, benzodiazepines and
 7 other central nervous system depressants;
 8 (ii) the reasons why the prescription is necessary;
 9 (iii) alternative treatments that may be available; and
 10 (iv) the risks associated with the use of the drugs being prescribed,
 11 specifically that opioids are highly addictive, even when taken as
 12 prescribed, that there is a risk of developing a physical or psycholog-
 13 ical dependence on the controlled substance, and that the risks of
 14 taking more opioids than prescribed, or mixing sedatives, benzodiaze-
 15 pines or alcohol with opioids, can result in fatal respiratory
 16 depression.
 17 (c) The department shall develop and make available to practitione