Bill Text: NY A00778 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the office of addiction services and supports and tobacco-limited and tobacco-free facilities for treatment.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-01-03 - referred to alcoholism and drug abuse [A00778 Detail]

Download: New_York-2023-A00778-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           778

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A.  GALLAGHER, DICKENS, MAMDANI, SIMON, FORREST,
          STIRPE -- read once and referred to the Committee  on  Alcoholism  and
          Drug Abuse

        AN  ACT  to  amend  the mental hygiene law, in relation to the office of
          addiction services and supports and tobacco-limited  and  tobacco-free
          facilities for treatment

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

     1    Section 1. Subdivision (b) of section 19.21 of the mental hygiene law,
     2  as separately amended by chapters 558 and 596 of the laws  of  1999,  is
     3  amended to read as follows:
     4    (b)  The office shall redefine and develop, establish, promulgate, and
     5  enforce certification, inspection, licensing,  and  treatment  standards
     6  for  chemical dependence facilities and staff, which shall be applied in
     7  addition to any other standards for any other services provided by  such
     8  facilities,  and  which shall be applicable to any facility providing or
     9  purporting to provide as part or all  of  a  program  of  services,  any
    10  services  for  the  alleviation of the conditions of alcoholism, alcohol
    11  abuse, substance abuse, substance dependence, chemical abuse, or  chemi-
    12  cal dependence.
    13    (1) Such standards shall not prohibit any chemical dependence facility
    14  from  choosing  to  be a tobacco-limited environment; provided, however,
    15  this prohibition shall not apply to prevention, treatment,  or  recovery
    16  services  for  children,  youth  and/or  young adults, which must remain
    17  tobacco-free.
    18    (i)  "Tobacco-limited"  means  prohibiting  the  use  of  all  tobacco
    19  products  and nicotine delivery systems in facilities and vehicles owned
    20  or operated by the office, while allowing for  limited  use  of  certain
    21  tobacco  products by patients in designated areas on facility grounds at
    22  designated times, in accordance with rules,  regulations,  and  guidance
    23  issued by the office.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00202-01-3
        A. 778                              2

     1    (ii)  "Tobacco-free" means prohibiting the use of all tobacco products
     2  in facilities, on grounds, and in vehicles  owned  or  operated  by  the
     3  office.
     4    (2)  Where  appropriate,  such standards shall provide for priority of
     5  admission for persons whose children have been placed in foster care  or
     6  are in jeopardy of being so placed pursuant to article ten of the family
     7  court act or article six of the social services law.
     8    § 2. This act shall take effect immediately.