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S3904
SENATE, No. 3904
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 12, 2026
Sponsored by:
Senator� ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
���� Prohibits procurement of opioid antidotes from
certain entities.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning opioid antidotes and supplementing Title 52
of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� a.� The Legislature finds
and declares that certain corporations have been parties to settlements with
state governments over legal claims against those corporations for actions that
fueled the opioid epidemic.
���� b.� The Legislature finds and
declares that some of these same corporations are now selling states opioid antidotes.
���� c.� The Legislature finds and
declares that there are qualified and capable pharmaceutical manufacturers and
distributors that did not participate in causing or fueling the opioid epidemic.
���� d.� The Legislature therefore
determines that it shall be the policy of the State to purchase opioid overdose
medications only from distributors and manufacturers that were not a party to any
state settlement related to the opioid epidemic.
���� 2.� As used in this act:
���� �Division� means the Division
of Purchase and Property in the Department of the Treasury.
���� �Opioid antidote� means any
drug, regardless of dosage amount or method of administration, which has been
approved by the United States Food and Drug Administration (FDA) for the
treatment of an opioid overdose.� "Opioid antidote" includes, but is
not limited to, naloxone hydrochloride, in any dosage amount, which is
administered through nasal spray or any other FDA-approved means or methods.
���� �State agency� means any
agency in the executive, legislative, or judicial branch of the State
government, including, but not limited to, any department, board, bureau,
commission, division, office, council, or instrumentality thereof.
���� 3.� The division, or any State
agency having authority to contract for the purchase of goods or services, may
only issue a request for proposal for the procurement of opioid antidotes to
entities that have not been parties to any settlement with any state government
over legal claims against the entities for actions that contributed to the
opioid epidemic.� An entity that has been a party to a settlement with any
state government over a legal claim against the entity for an action that
contributed to the opioid epidemic, including any of the entity�s affiliates or
subsidiaries, shall be precluded from participating in the solicitation.
���� 4.� a.� Following the
selection and awarding of any request for proposal for the procurement of
opioid antidotes issued pursuant to section 3 of this act, the division, or any
State agency having authority to contract for the purchase of goods or
services, shall only purchase, or use available federal funding to purchase, opioid
antidotes from selected and awarded vendors that have not been parties to any
settlement with any state government over legal claims against those vendors
for actions that contributed to the opioid epidemic.
���� b.� Any entity that has been a
party to a settlement with any state government over a legal claim against the
entity for an action that contributed the opioid epidemic, including any of the
entity�s affiliates or subsidiaries, shall be precluded from selling the State
opioid antidotes.� If an entity, in a settlement entered into prior to
September 1, 2024, agreed to provide the State opioid antidotes as a part of
the settlement, the entity shall continue to provide the State opioid antidotes
until the existing settlement obligations are fulfilled.
���� 5.� This act shall take effect
immediately.
STATEMENT
���� This bill prohibits the procurement
of opioid antidotes from certain pharmaceutical manufacturers and distributors.
���� Under the bill, the Division
of Purchase and Property (division) in the Department of the Treasury, or any
State agency having authority to contract for the purchase of goods or
services, may only issue a request for proposal for the procurement of opioid
antidotes to entities that have not been parties to any settlement with any
state government over legal claims against those entities for actions that
contributed to the opioid epidemic.� An entity that has been a party to a
settlement with any state government over a legal claim against the entity for
an action that contributed to the opioid epidemic, including any of the
entity�s affiliates or subsidiaries, will be precluded from participating in
the solicitation.
���� Following the selection and
awarding of any request for proposal for the procurement of opioid antidotes issued
pursuant to this bill, the division, or any State agency having authority to
contract for the purchase of goods or services, will only purchase, or use available
federal funding to purchase, opioid antidotes from selected and awarded vendors
that have not been parties to any settlement with any state government over legal
claims against those vendors for actions that contributed to the opioid
epidemic.
���� Under the bill, any entity
that has been a party to a settlement with any state government over a legal claim
against the entity for an action that contributed the opioid epidemic,
including any of the entity�s affiliates or subsidiaries, will be precluded
from selling the State opioid antidotes.� However, if the entity, in a
settlement entered into prior to September 1, 2024, agreed to provide the State
opioid antidotes as a part of the settlement, the entity will continue to
provide the State opioid antidotes until the existing settlement obligations
are fulfilled.