Bill Text: NY S02625 | 2025-2026 | General Assembly | Introduced

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Bill Title: Allows a licensed pharmacist to prescribe and order FDA-approved medication assisted therapy under a non-patient-specific regimen for the treatment of opioid use disease.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-21 - REFERRED TO HEALTH [S02625 Detail]

Download: New_York-2025-S02625-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2625

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 21, 2025
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law and the education law, in relation
          to  enhancing  patient  access  to  medication  assisted treatment for
          treatment of opioid disease

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

     1    Section  1. Section 3331 of the public health law is amended by adding
     2  a new subdivision 10 to read as follows:
     3    10. A pharmacist, in good faith, and in the usual  course  of  profes-
     4  sional   pharmacy  practice,  may  prescribe,  administer  and  dispense
     5  substances listed in schedules III, IV,  and  V  for  the  treatment  of
     6  opioid use disorders, as provided in titles III or V of this article.
     7    §  2.    Section  6801 of the education law is amended by adding a new
     8  subdivision 10 to read as follows:
     9    10. (a) A licensed pharmacist may  prescribe  FDA-approved  medication
    10  assisted  therapy under a non-patient-specific regimen for the treatment
    11  of opioid use disease in accordance with subdivision twelve  of  section
    12  sixty-five hundred twenty-seven of this title and regulations promulgat-
    13  ed  by  the commissioner of health established pursuant to paragraph (x)
    14  of subdivision one of section two hundred six of the public  health  law
    15  in consultation with the commissioner.
    16    (b) A licensed pharmacist authorized to issue a prescription for medi-
    17  cation assisted treatment of opioid use disorder shall:
    18    (i)    register  with  the federal Drug Enforcement Administration and
    19  complete  the  training  required  by  Section  303  of  the  Controlled
    20  Substances Act (21 USC 823);
    21    (ii)  provide information to the patient on the importance of having a
    22  primary health care  practitioner,  developed  by  the  commissioner  of
    23  health;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05761-03-5
        S. 2625                             2

     1    (iii) report such administration by electronic transmission or facsim-
     2  ile to the patient's attending primary health care practitioner or prac-
     3  titioners, if any; and
     4    (iv) refer patient to provider or practice responsible for collaborat-
     5  ing in the non-patient-specific regimen.
     6    §  3. Subdivision 1 of section 206 of the public health law is amended
     7  by adding a new paragraph (x) to read as follows:
     8    (x) establish a statewide protocol for pharmacist prescribing of medi-
     9  cation assisted treatment of opioid use disorder, not later than  ninety
    10  days  after the effective date of this paragraph.  A licensed pharmacist
    11  authorized to issue a prescription for medication assisted treatment  of
    12  opioid  use  disorder  shall  register with the federal Drug Enforcement
    13  Administration and complete the training required by Section 303 of  the
    14  Controlled Substances Act (21 USC 823).
    15    §  4.  Paragraph  (e)  of  subdivision 4 of section 3381 of the public
    16  health law, as amended by chapter 433 of the laws of 2021, is amended to
    17  read as follows:
    18    (e) A pharmacy registered under article one  hundred  thirty-seven  of
    19  the  education law may offer counseling and referral services to custom-
    20  ers purchasing  hypodermic  syringes  for  the  purpose  of:  preventing
    21  injection  drug  abuse;  the provision of drug treatment; preventing and
    22  treating hepatitis C; preventing drug overdose; testing  for  the  human
    23  immunodeficiency  virus; and providing pre-exposure prophylaxis and non-
    24  occupational post-exposure prophylaxis. The content of  such  counseling
    25  and  referral shall be at the professional discretion of the pharmacist.
    26  A licensed pharmacist authorized to issue prescriptions  for  medication
    27  assisted  treatment  pursuant to subdivision ten of section thirty-three
    28  hundred thirty-one of this article may offer medication assisted  treat-
    29  ment.
    30    §  5.  Section  6527  of  the education law is amended by adding a new
    31  subdivision 12 to read as follows:
    32    12. A licensed physician may prescribe and order a non-patient-specif-
    33  ic regimen to a licensed pharmacist, for prescribing  buprenorphine  for
    34  the  care  of  patients with opioid use disorder pursuant to subdivision
    35  ten of section sixty-eight hundred one of this title.
    36    § 6. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law.