Bill Text: NY S05633 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the protection of people with special needs regarding controlled substances and medical marihuana.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S05633 Detail]

Download: New_York-2019-S05633-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5633

                               2019-2020 Regular Sessions

                    IN SENATE

                                       May 9, 2019
                                       ___________

        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities

        AN ACT to amend the social services law, in relation to  the  protection
          of  people  with  special  needs  regarding  controlled substances and
          medical marihuana

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

     1    Section 1. Paragraph (g) of subdivision 1 of section 488 of the social
     2  services law, as added by section 1 of part B of chapter 501 of the laws
     3  of 2012, is amended to read as follows:
     4    (g)  "Unlawful use or administration of a controlled substance," which
     5  shall mean any administration by a custodian to a service recipient  of:
     6  a  controlled substance as defined by article thirty-three of the public
     7  health law, without a prescription; or other medication not approved for
     8  any use by the federal food and  drug  administration,  except  for  the
     9  administration  of  medical  marihuana  when  such  administration is in
    10  accordance with article thirty-three of the public health law, any regu-
    11  lations promulgated thereunder, and all  rules,  regulations,  policies,
    12  and  procedures of the state oversight agency or agencies governing such
    13  custodians. It also  shall  include  a  custodian  unlawfully  using  or
    14  distributing  a  controlled substance as defined by article thirty-three
    15  of the public health law, at the workplace or while on duty.
    16    § 2. Paragraphs (e) and (f) of subdivision 1 of  section  490  of  the
    17  social  services  law, as added by section 1 of part B of chapter 501 of
    18  the laws of 2012, are amended and a new paragraph (g) is added  to  read
    19  as follows:
    20    (e)  information  regarding  individual reportable incidents, incident
    21  patterns and trends, and  patterns  and  trends  in  the  reporting  and
    22  response  to  reportable incidents is shared, consistent with applicable
    23  law, with the justice center, in the form and  manner  required  by  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11131-01-9
        S. 5633                             2

     1  justice  center  and,  for  facilities or provider agencies that are not
     2  state operated, with the applicable state oversight agency  which  shall
     3  provide such information to the justice center; [and]
     4    (f)  incident  review  committees  are established; provided, however,
     5  that the regulations may authorize an exemption from  this  requirement,
     6  when  appropriate,  based on the size of the facility or provider agency
     7  or other relevant factors. Such committees shall be composed of  members
     8  of  the  governing  body  of  the  facility or provider agency and other
     9  persons identified by the director of the facility or  provider  agency,
    10  including  some members of the following: direct support staff, licensed
    11  health care practitioners, service  recipients  and  representatives  of
    12  family,  consumer and other advocacy organizations, but not the director
    13  of the facility or provider agency. Such committee shall meet  regularly
    14  to:  (i)  review the timeliness, thoroughness and appropriateness of the
    15  facility or provider agency's responses to  reportable  incidents;  (ii)
    16  recommend  additional  opportunities  for improvement to the director of
    17  the facility or provider agency, if appropriate; (iii)  review  incident
    18  trends  and  patterns  concerning  reportable  incidents;  and (iv) make
    19  recommendations to the director of the facility or  provider  agency  to
    20  assist  in reducing reportable incidents. Members of the committee shall
    21  be trained in confidentiality laws and  regulations,  and  shall  comply
    22  with section seventy-four of the public officers law[.]; and
    23    (g)  safe  storage,  administration, and diversion prevention policies
    24  regarding controlled substances and medical marihuana.
    25    § 3. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law. Effective immediately, the addition,  amend-
    27  ment and/or repeal of any rule or regulation necessary for the implemen-
    28  tation  of  this act on its effective date are authorized to be made and
    29  completed on or before such date.