Bill
S 4337
Summary — S.4337 (Reprint SHH 11/13/25 1R)Title: Establishes voluntary nonopioid directives; supplements Title 26 of the Revised StatutesStatus & Key Dates- Introduced: May 12, 202
Title: Establishes voluntary nonopioid directives; supplements Title 26 of the Revised Statutes
Status & Key Dates
- Introduced: May 12, 2025
- Reported out of Senate Health, Human Services and Senior Citizens Committee with amendments: November 13, 2025 (2nd reading)
- Referred to Judiciary: February 4, 2025 (record shows referral entries)
- Effective date: Immediately upon enactment (per bill text)
Primary sponsors: Sen. Vin Gopal, Sen. Joseph F. Vitale, Sen. Leroy Comrie; cosponsors include Sen. Holly T. Schepisi and Sen. Renee C. Burgess. Companion: A5595.
Purpose
- To allow individuals to create a legally recognized, voluntary nonopioid directive that instructs health care providers not to prescribe or administer opioid medications to that person, thereby expanding patient-directed choices about pain management.
Definitions (selected)
- Authorized representative: parent/legal guardian of a minor, an individual's guardian, or other person appointed by the individual or a court to manage health care.
- Health care facility: physician's office, acute care general hospital, or other facility licensed under P.L.1971, c.136.
- Health care professional: person licensed/certified under Title 45 of the Revised Statutes.
Key provisions
- Who may execute a directive: any person 18+ years old, an emancipated minor, or a patient’s authorized representative.
- Form requirement: The Department of Health (DOH) will develop a standardized form and publish it on DOH’s website.
- Revocation: A directive may be revoked at any time, orally or in writing, by the individual or authorized representative.
- Electronic record: Directives submitted to a provider/facility must be entered into the patient’s electronic file in a way that allows the patient/representative to access it.
- Medical necessity carve-out: Nothing prevents an opioid from being prescribed or administered if deemed medically necessary.
- Immunity and liability:
- Providers, facilities, and employees are immune from disciplinary action by DOH or licensing boards for acts taken to comply with the law.
- They are immune from civil or criminal liability for (a) failing to prescribe/administer/dispense an opioid or (b) inadvertent—and as amended, intentional—administration of an opioid to a person with a directive, provided the act or failure was reasonable and done in good faith.
- Rulemaking: The Commissioner of Health must adopt implementing regulations under the Administrative Procedure Act.
- Public awareness: DOH must publicize information about the directive (including via social media).
Who is affected
- Patients who wish to avoid opioid treatment and their authorized representatives.
- Health care professionals, facilities, and their employees (operational changes, documentation, and legal protections).
- EHR vendors and health systems (to implement recording/access features).
- Regulatory agencies (DOH rulemaking and oversight).
Potential impacts and considerations
- Supports patient autonomy and alternatives to opioid therapy.
- Requires health systems to create workflows to capture, display, and honor directives and to train staff on recognition and revocation procedures.
- The medical-necessity exception and “good faith/reasonable” immunity standard aim to balance patient preference with provider clinical judgment, but may create situational uncertainty in emergencies (importance of clear documentation and protocols).
- Immediate effect means DOH must act quickly to publish the form and issue guidance/regulations.
For further tracking: see companion A5595 and the list of prior-session related bills noted in the bill file.
Compiled from official sources — confirm details with the bill’s official record.
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