Bill Text: NY A00896 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Replaces the words addict or addicts with the words person with substance use disorder or a variation thereof.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2024-02-29 - print number 896b [A00896 Detail]

Download: New_York-2023-A00896-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           896

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

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

        AN  ACT  to  amend the judiciary law, the mental hygiene law, the public
          health law, the county law, and the general city law, in  relation  to
          replacing  the  words  addict  and  addicts with the words person with
          substance abuse disorder or variation thereof

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

     1    Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
     2  law,  as  amended by chapter 479 of the laws of 2022, is amended to read
     3  as follows:
     4    a. When a court orders a hearing in a proceeding upon a writ of habeas
     5  corpus to inquire into the cause of detention of a person in custody  in
     6  a  state  institution, or when it orders a hearing in a civil proceeding
     7  to commit or transfer a person to or retain him in a  state  institution
     8  when  such person is alleged to be mentally ill, mentally defective or a
     9  [narcotic addict] person with  substance  abuse  disorder,  or  when  it
    10  orders a hearing for the commitment of the guardianship and custody of a
    11  child  to an authorized agency by reason of the mental illness or devel-
    12  opmental disability of a parent, or when it orders a hearing  to  deter-
    13  mine  whether  consent to the adoption of a child shall be required of a
    14  parent who is alleged to be mentally ill or developmentally disabled, or
    15  when it orders a hearing to determine the best interests of a child when
    16  the parent of the child revokes a consent to the adoption of such  child
    17  and  such revocation is opposed or in any adoption or custody proceeding
    18  if it determines that assignment of counsel in such cases is mandated by
    19  the constitution of this state or of the United States,  the  court  may
    20  assign  counsel  to  represent such person if it is satisfied that he is
    21  financially unable to obtain counsel. Upon an appeal taken from an order
    22  entered in any such proceeding, the appellate court may  assign  counsel

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00243-01-3
        A. 896                              2

     1  to  represent  such person upon the appeal if it is satisfied that he is
     2  financially unable to obtain counsel.
     3    §  2.  Subdivision 4 of section 35 of the judiciary law, as amended by
     4  chapter 706 of the laws of 1975 and as renumbered by chapter 315 of  the
     5  laws of 1985, is amended to read as follows:
     6    4.  In any proceeding described in paragraph (a) of subdivision one of
     7  this section, when a person is alleged  to  be  mentally  ill,  mentally
     8  defective  or  a [narcotic addict] person with substance abuse disorder,
     9  the court which ordered the hearing may appoint no more than two psychi-
    10  atrists, certified psychologists or physicians to examine and testify at
    11  the hearing upon the condition of such person. A psychiatrist,  psychol-
    12  ogist  or physician so appointed shall, upon completion of his services,
    13  receive reimbursement for expenses reasonably  incurred  and  reasonable
    14  compensation  for  such services, to be fixed by the court. Such compen-
    15  sation shall  not  exceed  two  hundred  dollars  if  one  psychiatrist,
    16  psychologist  or  physician  is  appointed, or an aggregate sum of three
    17  hundred dollars if two psychiatrists, psychologists  or  physicians  are
    18  appointed,  except  that  in  extraordinary  circumstances the court may
    19  provide for compensation in excess of the foregoing limits.
    20    § 3. Paragraph (i) of subdivision (b) of section 32.05 of  the  mental
    21  hygiene law, as amended by section 3 of part Z of chapter 57 of the laws
    22  of 2019, is amended to read as follows:
    23    (i)  Methadone,  or  such other controlled substance designated by the
    24  commissioner of health as appropriate for such use, may be  administered
    25  to  [an  addict]  a  person with substance abuse disorder, as defined in
    26  section thirty-three hundred two of the public health law, by individual
    27  physicians, groups of physicians and public or private  medical  facili-
    28  ties  certified  pursuant to article twenty-eight or thirty-three of the
    29  public health law as part of a chemical  dependence  program  which  has
    30  been  issued  an  operating  certificate by the commissioner pursuant to
    31  subdivision (b) of section 32.09 of  this  article,  provided,  however,
    32  that  such administration must be done in accordance with all applicable
    33  federal and state laws and regulations. Individual physicians or  groups
    34  of  physicians  who have obtained authorization from the federal govern-
    35  ment to administer buprenorphine  to  [addicts]  people  with  substance
    36  abuse disorder may do so without obtaining an operating certificate from
    37  the commissioner.
    38    §  4.  Paragraph  5  of subdivision (b) of section 32.09 of the mental
    39  hygiene law, as added by chapter 558 of the laws of 1999, is amended  to
    40  read as follows:
    41    5.  the applicant will establish procedures to effectively implement a
    42  detoxification  program  to  further  relieve  [addicts]   people   with
    43  substance  abuse  disorder  from dependence upon methadone or such other
    44  controlled substances prescribed for treatment  in  subject  maintenance
    45  programs.
    46    §  5.  Subdivision  1  of  section  3302  of the public health law, as
    47  amended by chapter 92 of the  laws  of  2021,  is  amended  to  read  as
    48  follows:
    49    1.  ["Addict"]  "Person  with substance abuse disorder" means a person
    50  who habitually uses a [controlled  substance  for  a  non-legitimate  or
    51  unlawful  use] psychoactive or addictive substance, and who by reason of
    52  such use is dependent thereon, in spite of predictable  negative  conse-
    53  quences that might result.
    54    (a)  For  the  purposes of this subdivision, the term "psychoactive or
    55  addictive substance" shall include, without limitation, the meanings  of
        A. 896                              3

     1  the  terms  "narcotic drug", "drug", and "controlled substance" as those
     2  terms are defined in this section.
     3    (b)    For the purposes of this subdivision, the term "substance abuse
     4  disorder" shall mean the habitual use of  a  psychoactive  or  addictive
     5  substance,  causing dependence thereon, in spite of predictable negative
     6  consequences that might result.
     7    § 6. Subdivision 1 of section 3331 of the public health law, as  added
     8  by chapter 878 of the laws of 1972, is amended to read as follows:
     9    1. Except as provided in titles III or V of this article, no substance
    10  in  schedules  II,  III,  IV, or V may be prescribed for or dispensed or
    11  administered to [an addict] a person with substance  abuse  disorder  or
    12  habitual user.
    13    §  7.  The title heading of title V of article 33 of the public health
    14  law, as added by chapter 878 of the laws of 1972, is amended to read  as
    15  follows:

    16            DISPENSING TO [ADDICTS] PERSONS WITH SUBSTANCE ABUSE
    17                         DISORDER AND HABITUAL USERS

    18    § 8. Section 3350 of the public health law, as added by chapter 878 of
    19  the laws of 1972, is amended to read as follows:
    20    §  3350.  Dispensing  prohibition.    Controlled substances may not be
    21  prescribed for, or administered or dispensed to [addicts]  persons  with
    22  substance  abuse  disorder  or  habitual users of controlled substances,
    23  except as provided by this title or title III.
    24    § 9. Section 3351 of the public health law, as added by chapter 878 of
    25  the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
    26  1999, is amended to read as follows:
    27    § 3351. Dispensing for medical use.  1. Controlled substances  may  be
    28  prescribed  for,  or  administered  or dispensed to [an addict] a person
    29  with substance abuse disorder or habitual user:
    30    (a)  during  emergency  medical  treatment  unrelated  to   abuse   of
    31  controlled substances;
    32    (b)  who  is a bona fide patient suffering from an incurable and fatal
    33  disease such as cancer or advanced tuberculosis;
    34    (c) who is aged, infirm, or suffering from serious injury  or  illness
    35  and the withdrawal from controlled substances would endanger the life or
    36  impede or inhibit the recovery of such person.
    37    2.  Controlled  substances  may  be  ordered  for use by [an addict] a
    38  person with substance abuse disorder or habitual user by a  practitioner
    39  and  administered by a practitioner or registered nurse to relieve acute
    40  withdrawal symptoms.
    41    3. Methadone, or such other controlled  substance  designated  by  the
    42  commissioner  as appropriate for such use, may be ordered for use of [an
    43  addict] a person with substance abuse disorder  by  a  practitioner  and
    44  dispensed  or  administered by a practitioner or his designated agent as
    45  interim treatment for [an addict] a person with substance abuse disorder
    46  on a waiting list for admission to an authorized maintenance program.
    47    4. Methadone, or such other controlled  substance  designated  by  the
    48  commissioner  as  appropriate  for  such use, may be administered to [an
    49  addict] a person with substance abuse disorder by a practitioner  or  by
    50  his  designated  agent  acting  under the direction and supervision of a
    51  practitioner, as part of a regime designed and intended  to  withdraw  a
    52  patient from addiction to controlled substances.
    53    5.  Methadone,  or  such  other controlled substance designated by the
    54  commissioner as appropriate for such use, may  be  administered  to  [an
        A. 896                              4

     1  addict]  a  person with substance abuse disorder by a practitioner or by
     2  his designated agent acting under the direction  and  supervision  of  a
     3  practitioner,  as  part  of  a  substance  abuse  or chemical dependence
     4  program  approved  pursuant to article twenty-three or thirty-two of the
     5  mental hygiene law.
     6    § 10. Section 3372 of the public health law, as amended by chapter 195
     7  of the laws of 1973, is amended to read as follows:
     8    § 3372. Practitioner patient reporting.  It shall be the duty of every
     9  attending practitioner  and  every  consulting  practitioner  to  report
    10  promptly  to  the  commissioner,  or his duly designated agent, the name
    11  and, if possible, the address of, and such other data as may be required
    12  by the commissioner with respect to, any person under  treatment  if  he
    13  finds  that  such  person  is  [an addict] a person with substance abuse
    14  disorder or a habitual user of any narcotic drug. Such report  shall  be
    15  kept confidential and may be utilized only for statistical, epidemiolog-
    16  ical  or research purposes, except that those reports which originate in
    17  the course of a criminal proceeding other than under  section  81.25  of
    18  the  mental  hygiene  law  shall  be subject only to the confidentiality
    19  requirements of section thirty-three hundred seventy-one of  this  arti-
    20  cle.
    21    §  11.  Subdivisions  2  and  3 of section 396-h of the county law, as
    22  added by chapter 818 of the  laws  of  1971,  are  amended  to  read  as
    23  follows:
    24    2.  To  establish  in-patient and out-patient treatment facilities for
    25  persons [addicted to the use of drugs and drug abusers]  with  substance
    26  abuse disorders. Such facilities shall include, but shall not be limited
    27  to:
    28    a. detoxification centers and clinics for the out-patient treatment of
    29  [drug abusers and addicts] persons with substance abuse disorders;
    30    b.  a  treatment  center where [drug abusers and addicts] persons with
    31  substance abuse disorders may obtain professional counseling from physi-
    32  cians, psychologists, psychiatrists and  where  possible,  [former  drug
    33  abusers and addicts] other persons with substance abuse disorders;
    34    c.  half-way  houses to provide continuing treatment for [drug abusers
    35  and addicts] persons with substance abuse disorders.
    36    3. To create  a  referral  program  whereby  [drug  abusers,  addicts]
    37  persons   with  substance  abuse  disorders  and  persons  and  agencies
    38  concerned with their treatment  will  make  use  of  the  aforementioned
    39  treatment facilities;
    40    §  12. Subdivisions 2 and 3 of section 121 of the general city law, as
    41  added by chapter 820 of the  laws  of  1971,  are  amended  to  read  as
    42  follows:
    43    2.  To  establish  in-patient and out-patient treatment facilities for
    44  persons [addicted to the use of drugs and drug abusers]  with  substance
    45  abuse disorders. Such facilities shall include, but shall not be limited
    46  to:
    47    a. detoxification centers and clinics for the out-patient treatment of
    48  [drug abusers and addicts] persons with substance abuse disorders;
    49    b.  a  treatment  center  where [addicts] persons with substance abuse
    50  disorders may obtain professional counseling from  physicians,  psychol-
    51  ogists,  psychiatrists  and  where  possible,  [former  drug abusers and
    52  addicts] other persons with substance abuse disorders;
    53    c. half-way houses to provide continuing treatment for  [drug  abusers
    54  and addicts] persons with substance abuse disorders.
    55    3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
    56  persons  with  substance  abuse  disorders  and  persons  and   agencies
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     1  concerned  with  their  treatment  will  make  use of the aforementioned
     2  treatment facilities;
     3    § 13. This act shall take effect immediately.