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A 5595

Relates to the definition and registration of mobility dealers

2025 Regular Session Introduced by Joe Sempolinski

Allows adults or their reps to issue a nonopioid directive barring opioid prescriptions in EMRs; gives provider immunity and sets rules for form, revocation, and publicity.

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Bill Summary · A 5595

Summary — A5595: Voluntary Nonopioid Directives

Status (selected): Introduced May 5, 2025; amended and reported by Assembly Health Committee (6/12/25); passed Assembly 80–0 (6/30/25); received in Senate 10/20/25 and reported favorably by Senate Health, Human Services & Senior Citizens Committee (11/13/25). Companion/related bills: S4337, S1702; prior-session A5740. Primary sponsor: Asm. Joseph Sempolinski.

Main purpose

A5595 allows adults, emancipated minors, or a patient’s authorized representative to create a voluntary nonopioid directive — a recorded instruction that opioids should not be prescribed or administered to the patient — and establishes procedures, recordkeeping, publicity, rulemaking, and limited immunities for health care providers and facilities that comply with those directives.

Key provisions

  • Definitions: “authorized representative” (parent/legal guardian, guardian, or other court- or patient-appointed health-care decision maker), “health care professional” (licensed under Title 45), and “health care facility” (physician’s office, acute care hospital, or other licensed facility).
  • Execution: Individuals 18+ years, emancipated minors, or authorized representatives may execute a voluntary nonopioid directive.
  • Form: The Department of Health (DOH) must develop and publish a standardized directive form on its website.
  • Revocation: A directive may be revoked at any time, orally or in writing, by the individual or authorized representative.
  • Recordkeeping: Directives provided to a professional or facility must be entered into the patient’s electronic file in a way that permits patient/representative access.
  • Publicity: DOH must publicize information about directives (including via social media).
  • Medical necessity exception: Nothing prevents an opioid from being prescribed or administered if it is deemed medically necessary.
  • Immunity:
    • Providers, facilities, and their employees are immune from disciplinary action by DOH or licensing boards for acts taken to comply with the law.
    • Providers/facilities/employees are immune from civil or criminal liability for (a) failing to administer/prescribe/dispense an opioid or (b) inadvertent — and, per committee amendment, intentional — administration of an opioid to someone with a directive, if the act or omission was reasonable and done in good faith.
  • Rulemaking: Commissioner of Health to adopt rules as necessary under the Administrative Procedure Act.
  • Effective date: Immediately upon enactment.

Who is affected

  • Patients (adults and emancipated minors) and their authorized representatives gain a formal method to refuse opioids.
  • Health care professionals, facilities, and employees must record directives in electronic medical records and follow them unless medically contraindicated.
  • DOH must create forms, publicize the program, and promulgate implementing regulations.

Procedural/timeline notes

  • Bill supplements Title 26 of the Revised Statutes.
  • Passed the Assembly unanimously (80–0) 6/30/25; reported favorably in Senate committee 11/13/25. If enacted, provisions take effect immediately and the Commissioner must promulgate implementing rules.

Potential impacts and considerations

  • Strengthens patient autonomy over opioid exposure and supports nonopioid pain management preferences.
  • Requires EMR workflow adjustments for documenting/accessing directives and DOH form publication.
  • Immunity clauses are broad; stakeholders (providers, legal counsel, patient advocates) may weigh the balance between honoring patient preference and providing medically necessary pain treatment.
  • Oversight will depend on DOH rulemaking and the details of the form and publicity/education efforts.

Compiled from official sources — confirm details with the bill’s official record.

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