New York S 6758: 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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S06758 Summary:

BILL NOS06758B

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SAME ASSAME AS A09010-B

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SPONSORFERNANDEZ

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COSPNSRBORRELLO, HARCKHAM, OBERACKER, RIVERA, RYAN C

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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 S06758 Actions:

BILL NOS06758B

&nbsp

03/24/2025REFERRED TO HEALTH

01/07/2026REFERRED TO HEALTH

01/16/2026AMEND AND RECOMMIT TO HEALTH

01/16/2026PRINT NUMBER 6758A

05/05/2026AMEND AND RECOMMIT TO HEALTH

05/05/2026PRINT NUMBER 6758B

05/12/20261ST REPORT CAL.1095

05/13/20262ND REPORT CAL.

05/14/2026ADVANCED TO THIRD READING 

05/29/2026PASSED SENATE

05/29/2026DELIVERED TO ASSEMBLY

05/29/2026referred to health

Go to topS06758 Committee&nbspVotes:

Go to topS06758 Floor&nbspVotes:

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

Go to topS06758 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6758--B

 2025-2026 Regular Sessions

 IN SENATE

 March 24, 2025
 ___________

 Introduced by Sens. FERNANDEZ, BORRELLO, HARCKHAM, RIVERA, C. RYAN --
 read twice and ordered printed, and when printed to be committed to
 the Committee on Health -- recommitted to the Committee on Health in
 accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee -- 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.
 LBD11164-04-6

 S. 6758--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 ta