Relates to dispensing certain controlled substances for use by a person with a substance use disorder during certain emergency medical treatment, or to relieve acute withdrawal symptoms.
STATE OF NEW YORK
________________________________________________________________________
3883--B
2025-2026 Regular Sessions
IN SENATE
January 30, 2025
___________
Introduced by Sens. HINCHEY, FAHY -- read twice and ordered printed, and
when printed to be committed to the Committee on Health -- reported
favorably from said committee and committed to the Committee on
Finance -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- 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 committee
AN ACT to amend the public health law, in relation to dispensing certain
controlled substances for use by a person with a substance use disor-
der
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 3351 of the public health
2 law, as amended by chapter 511 of the laws of 2025, are amended to read
3 as follows:
4 1. Controlled substances may be prescribed for, or administered or
5 dispensed to a person with substance use disorder or habitual user:
6 (a) during emergency medical treatment unrelated to [abuse] such
7 substance use disorder or habitual use of controlled substances;
8 (b) who is a bona fide patient suffering from an incurable and fatal
9 disease such as cancer or advanced tuberculosis;
10 (c) who is aged, infirm, or suffering from serious injury or illness
11 and the withdrawal from controlled substances would endanger the life or
12 impede or inhibit the recovery of such person.
13 2. Controlled substances may be ordered for use by a person with
14 substance use disorder or habitual user by a practitioner and adminis-
15 tered by a practitioner [or], registered nurse, or emergency medical
16 technician-paramedic, acting within their scope of practice, to relieve
17 acute withdrawal symptoms.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01964-05-6
S. 3883--B 2
1 § 2. Subdivisions 1 and 2 of section 3351 of the public health law, as
2 separately amended by chapters 511 and 546 of the laws of 2025, are
3 amended to read as follows:
4 1. Controlled substances may be prescribed for, or administered or
5 dispensed to a person with substance use disorder or habitual user:
6 (a) during emergency medical treatment unrelated to [abuse] such
7 substance use disorder or habitual use of controlled substances;
8 (b) who is a bona fide patient suffering from an incurable and fatal
9 disease such as cancer or advanced tuberculosis;
10 (c) who is aged, infirm, or suffering from serious injury or illness
11 and the withdrawal from controlled substances would endanger the life or
12 impede or inhibit the recovery of such person.
13 2. Controlled substances may be ordered for use by a person with
14 substance use disorder or habitual user by a practitioner and adminis-
15 tered by a practitioner [or], registered nurse, or emergency medical
16 technician-paramedic, acting within their scope of practice, to relieve
17 acute withdrawal symptoms.
18 § 3. This act shall take effect immediately; provided, however, that
19 section two of this act shall take effect on the same date and in the
20 same manner as section 2 of chapter 546 of the laws of 2025, takes
21 effect.
