Requires that where a health care professional or professionals require the completion of an allergy checklist or form by the patient, prior to receiving care by such professional or professionals, the checklist or form shall also inquire about the opioid history of such patient.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5125
SPONSOR: Brown K TITLE OF BILL:
An act to amend the public health law, in relation to requesting the
opioid history of certain persons
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require that opioid history information be included in
any checklist or form used by a health care professional to determine
whether a patient has any allergies.
SUMMARY OF PROVISIONS:
Section one establishes the requirement that opioid history be included
as part of any allergy checklist or form used by a health care profes-
sional and that such checklist or form is not to replace the require-
ments placed on health care practitioners pursuant to the prescription
monitoring program registry.
Section 2 establishes the effective date.
JUSTIFICATION:
Patients with a history of opioid abuse are particularly susceptible to
relapse if exposed to opioids inadvertently as result of a medical
procedure. This legislation provides another tool to receive information
regarding the opioid history of a patient for health care professionals
to use in order to make informed treatment decisions and to prevent such
a risk to patients.
PRIOR LEGISLATIVE HISTORY:
2023-24: A.7306
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Takes effect on the 90th day.
STATE OF NEW YORK
________________________________________________________________________
5125
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
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 requesting the
opioid history of certain persons
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 3309-c to read as follows:
3 § 3309-c. Opioid prevention; request opioid history. Notwithstanding
4 any inconsistent provision of law to the contrary, where a health care
5 professional or professionals require the completion of an allergy
6 checklist or form by the patient, prior to receiving care by such
7 professional or professionals, the checklist or form shall also inquire
8 about the opioid history of such patient. Such opioid history provided
9 by the patient, if any, is intended to inform the health care profes-
10 sional or professionals diagnostic and treatment options in order to
11 prevent any opioid relapse by such patient. The provision of this
12 section shall not supplant the requirements set forth under section
13 thirty-three hundred forty-three-a of this article related to the duty
14 to consult the prescription monitoring program registry.
15 § 2. This act shall take effect on the ninetieth day after it shall
16 have become a law. Effective immediately, the addition, amendment and/or
17 repeal of any rule or regulation necessary for the implementation of
18 this act on its effective date are authorized to be made and completed
19 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00730-01-5
