Bill Text: NY A00915 | 2023-2024 | General Assembly | Amended

---

Bill Title: Creates the substance use disorder treatment bill of rights to be posted in a conspicuous place in all treatment facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-08 - print number 915a [A00915 Detail]

Download: New_York-2023-A00915-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         915--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
          Committee on Alcoholism and Drug Abuse -- recommitted to the Committee
          on Alcoholism and Drug Abuse in accordance with Assembly Rule 3,  sec.
          2  -- committee discharged, bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend the mental  hygiene  law,  in  relation  to  creating  a
          substance use disorder treatment bill of rights

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

     1    Section 1. Subdivision (c) of section 22.03 of the mental hygiene law,
     2  as added by chapter 558 of the laws of 1999, is amended and a new subdi-
     3  vision (d) is added to read as follows:
     4    (c) The director of every [chemical dependence] substance use disorder
     5  program, service, or treatment facility shall post copies of [a  notice]
     6  the substance use disorder treatment bill of rights in a form and manner
     7  to  be determined by the commissioner, at places throughout the facility
     8  or program where such [notice] bill of rights shall be  conspicuous  and
     9  visible to all patients[, stating]. The substance use disorder treatment
    10  bill of rights shall include, but need not be limited to, the following:
    11    1.  [a  general  statement of the rights of patients under the various
    12  admission or retention provisions of this article; and
    13    2. the right of the patient to  communicate  with  the  director,  the
    14  board  of  visitors, if any, and the commissioner] Every patient has the
    15  right to participate in developing an individualized plan  of  treatment
    16  and  to  request a review of his or her treatment plan by another clini-
    17  cian;
    18    2. Every patient has the right to receive an explanation  of  services
    19  in accordance with his or her treatment plan;
    20    3.  Every  patient shall have the right to be fully informed of his or
    21  her proposed treatment, including possible adverse effects;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00191-02-4
        A. 915--A                           2

     1    4. Every patient has the right to object  to  or  terminate  treatment
     2  unless otherwise directed pursuant to court order;
     3    5.  Every  patient has the right to privacy in treatment and in caring
     4  for personal needs, to have confidentiality in the treatment of personal
     5  and medical records, and to have security in storing possessions;
     6    6. Every patient has the right to have access to his or her  treatment
     7  records;
     8    7.  Every  patient  has  the  right  to  receive  courteous, fair, and
     9  respectful treatment that is appropriate to his or her individual needs;
    10    8. Every patient shall be treated in a manner that is free from abuse,
    11  discrimination, mistreatment, and exploitation;
    12    9. Every patient's civil and religious liberties, including the  right
    13  to  independent  personal  decisions and knowledge of available choices,
    14  shall not be infringed and facility or program staff shall encourage and
    15  assist in the fullest exercise of these rights; and
    16    10. Every  patient  shall  be  free  to  report  grievances  regarding
    17  services  or  staff to a supervisor, director, the board of visitors, or
    18  the commissioner.
    19    (d) Every substance use disorder program, service, or  facility  shall
    20  give  a  copy  of the substance use disorder treatment bill of rights to
    21  each patient at or prior to the time of admission, or to  the  appointed
    22  representative  at  the  time  of  appointment and to each member of the
    23  staff at the program, service, or facility.
    24    § 2. This act shall take effect on the one hundred eightieth day after
    25  it shall have become a law. Effective immediately, the addition,  amend-
    26  ment and/or repeal of any rule or regulation necessary for the implemen-
    27  tation  of  this act on its effective date are authorized to be made and
    28  completed on or before such effective date.