senate Bill S913

Creates the chemical dependence treatment bill of rights to be posted in a conspicuous place in all treatment facilities

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE

Summary

Creates the chemical dependence treatment bill of rights to be posted in a conspicuous place in all treatment facilities.

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Bill Details

See Assembly Version of this Bill:
A1777
Versions:
S913
Legislative Cycle:
2013-2014
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง22.03, Ment Hyg L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S4447, A48
2009-2010: A8075, A8075
2007-2008: A10699, A10699

Votes

4
0
4
Aye
0
Nay
1
aye with reservations
1
absent
0
excused
0
abstained
show Alcoholism and Drug Abuse committee vote details
aye wr (1)
absent (1)

Sponsor Memo

BILL NUMBER:S913

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to creating a chemical
dependence treatment bill of rights

PURPOSE OR GENERAL IDEA OF BILL:
To ensure that patients of chemical dependence treatment facilities
are accorded appropriate rights.

SUMMARY OF SPECIFIC PROVISIONS:
The mental hygiene law is amended by adding a new subdivision (d) to
section 22.03, containing a list of rights which patients of chemical
dependence treatment are entitled.

Section 1: These rights shall be posed in places throughout the
facility or program and every patient shall be given a copy.

The Bill Rights shall include but not be limited to - Every patient
has the right:

*To participated in developing an individualized plan of treatment and
to request a review of the treatment plan by another clinician.

*To receive an explanation of services in accordance with the
treatment plan.

*To be fully informed of the proposed treatment plan.

*To object to or terminate treatment unless otherwise directed by
court order.

*To privacy in treatment and in caring for personal needs, to have
confidentiality in the treatment of personal and medical records, and
to have security in storing possessions.

*To have access to treatment records.

*To receive courteous, fair, and respectful treatment that is
appropriate to individual needs.

*To be treated in a manner that is free from abuse, discrimination,
mistreatment, and exploitation.

*Civil and religious liberties shall not be infringed upon and
facility or staff shall encourage and assist in the fullest exercise
of these rights.

*To be free to report grievances regarding services
or staff

Section 2: The act shall take effect on the 180th day after it shall
have become a law, with provisions.

JUSTIFICATION:
It is essential that a stigmatized group such as persons suffering


from chemical dependency be entitled to the same type of rights and
protections that are afforded to persons seeking other forms of
medical care. Clearly enumerating the rights that persons in
treatment are entitled to will help to provide essential protections
to a vulnerable population.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.4447/A.48 - Passed the Assembly/ Died in Finance
2009-10: A.8075 - Referred to Alcoholism and Drug Abuse
2007-06: A.10699 - Referred to Alcoholism and Drug Abuse
2005-06: A.9766A - Passed Assembly

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided however that effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date
are authorized and directed to be made and completed on or before
such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   913

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the mental hygiene law, in relation to creating a chemi-
  cal dependence treatment bill of rights

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (c) of section 22.03 of the mental hygiene law,
as added by chapter 558 of the laws of 1999, is amended and a new subdi-
vision (d) is added to read as follows:
  (c)  The  director  of  every chemical dependence program, service, or
treatment facility shall post copies of [a notice] THE CHEMICAL  DEPEND-
ENCE  TREATMENT  BILL OF RIGHTS in a form and manner to be determined by
the commissioner, at places throughout the  facility  or  program  where
such  [notice]  BILL  OF  RIGHTS shall be conspicuous and visible to all
patients[, stating]. THE CHEMICAL DEPENDENCE TREATMENT  BILL  OF  RIGHTS
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, the following:
  1.  [a  general  statement of the rights of patients under the various
admission or retention provisions of this article; and
  2. the right of the patient to  communicate  with  the  director,  the
board  of  visitors, if any, and the commissioner] EVERY PATIENT HAS THE
RIGHT TO PARTICIPATE IN DEVELOPING AN INDIVIDUALIZED PLAN  OF  TREATMENT
AND  TO  REQUEST A REVIEW OF HIS OR HER TREATMENT PLAN BY ANOTHER CLINI-
CIAN;
  2. EVERY PATIENT HAS THE RIGHT TO RECEIVE AN EXPLANATION  OF  SERVICES
IN ACCORDANCE WITH HIS OR HER TREATMENT PLAN;
  3.  EVERY  PATIENT SHALL HAVE THE RIGHT TO BE FULLY INFORMED OF HIS OR
HER PROPOSED TREATMENT, INCLUDING POSSIBLE ADVERSE EFFECTS;
  4. EVERY PATIENT HAS THE RIGHT TO OBJECT  TO  OR  TERMINATE  TREATMENT
UNLESS OTHERWISE DIRECTED PURSUANT TO COURT ORDER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02825-01-3

S. 913                              2

  5.  EVERY  PATIENT HAS THE RIGHT TO PRIVACY IN TREATMENT AND IN CARING
FOR PERSONAL NEEDS, TO HAVE CONFIDENTIALITY IN THE TREATMENT OF PERSONAL
AND MEDICAL RECORDS, AND TO HAVE SECURITY IN STORING POSSESSIONS;
  6.  EVERY PATIENT HAS THE RIGHT TO HAVE ACCESS TO HIS OR HER TREATMENT
RECORDS;
  7. EVERY PATIENT  HAS  THE  RIGHT  TO  RECEIVE  COURTEOUS,  FAIR,  AND
RESPECTFUL TREATMENT THAT IS APPROPRIATE TO HIS OR HER INDIVIDUAL NEEDS;
  8. EVERY PATIENT SHALL BE TREATED IN A MANNER THAT IS FREE FROM ABUSE,
DISCRIMINATION, MISTREATMENT, AND EXPLOITATION;
  9.  EVERY PATIENT'S CIVIL AND RELIGIOUS LIBERTIES, INCLUDING THE RIGHT
TO INDEPENDENT PERSONAL DECISIONS AND KNOWLEDGE  OF  AVAILABLE  CHOICES,
SHALL NOT BE INFRINGED AND FACILITY OR PROGRAM STAFF SHALL ENCOURAGE AND
ASSIST IN THE FULLEST EXERCISE OF THESE RIGHTS; AND
  10.  EVERY  PATIENT  SHALL  BE  FREE  TO  REPORT  GRIEVANCES REGARDING
SERVICES OR STAFF TO A SUPERVISOR, DIRECTOR, THE BOARD OF  VISITORS,  OR
THE COMMISSIONER.
  (D) EVERY CHEMICAL DEPENDENCE PROGRAM, SERVICE, OR FACILITY SHALL GIVE
A  COPY  OF  THE  CHEMICAL  DEPENDENCE  TREATMENT BILL OF RIGHTS TO EACH
PATIENT AT OR PRIOR TO THE TIME OF ADMISSION, OR TO THE APPOINTED REPRE-
SENTATIVE AT THE TIME OF APPOINTMENT AND TO EACH MEMBER OF THE STAFF  AT
THE PROGRAM, SERVICE, OR FACILITY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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