Bill Text: NY S04741 | 2019-2020 | General Assembly | Amended

Bill Title: Provides for notice to persons authorized to receive medical information when a patient treated in a chemical dependence program or facility exhibits signs of possible drug use.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Engrossed) 2019-05-13 - referred to alcoholism and drug abuse [S04741 Detail]

Download: New_York-2019-S04741-Amended.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 22, 2019
        Introduced  by Sens. HARCKHAM, ORTT, KENNEDY, MARTINEZ -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Alcoholism and Substance Abuse -- reported favorably from said commit-
          tee  and committed to the Committee on Mental Health and Developmental
          Disabilities -- committee discharged, bill amended, ordered  reprinted
          as amended and recommitted to said committee
        AN ACT to amend the mental hygiene law, in relation to notice to certain
          persons  of  a  patient  treated  in  a chemical dependence program or
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This  act  shall  be known and may be cited as "Stephen's
     2  law".
     3    § 2. The mental hygiene law is amended by adding a new section 22.09-a
     4  to read as follows:
     5  § 22.09-a Notice to certain persons of patients treated.
     6    (a) When a patient who is currently being treated or has been  treated
     7  in  the  last  seven days in a treatment program certified by the office
     8  demonstrates behavior or conditions that the program believes may  cause
     9  life-threatening  harm  to  such  patient  such  as  missing a scheduled
    10  appointment or testing positive for a controlled substance, and when the
    11  treatment program has on file a release of  information  permitting  the
    12  program  to  share specific information with specific parties pertaining
    13  to the patient's behavior or conditions believed to be life-threatening,
    14  the treatment program shall notify  parties  to  whom  the  patient  has
    15  authorized  consent  for  the  release  of confidential information with
    16  details consistent with the release of information on file and  consist-
    17  ent with federal and state laws.
    18    (b) The treatment program shall only be required to use contact infor-
    19  mation  as  specified on the form authorizing consent for the release of
    20  confidential information to contact those  who  are  in  a  position  to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 4741--A                          2
     1  reduce  the  harm  of  a  potential relapse. A party which does not list
     2  contact information on such form waives its right to receive  notice  of
     3  occurrences under this section.
     4    (c)  A  treatment  program  shall not be required to contact more than
     5  three parties for any single occurrence.
     6    § 3. The office of  alcoholism  and  substance  abuse  services  shall
     7  update  the  TRS-2  form  (Consent for Release of Information Concerning
     8  Alcoholism/Drug Abuse Patient) to include a space in which  a  signatory
     9  may  add immediate contact information for persons who are authorized to
    10  receive medical information, including but not limited to a phone number
    11  and/or an email address. The updated form shall  be  published  no  more
    12  than ninety days after the effective date of this act.
    13    § 4. This act shall take effect on the one hundred eightieth day after
    14  it shall have become a law.