Assembly Bill A9871

2021-2022 Legislative Session

Relates to providing a tobacco use disorder

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A9871 (ACTIVE) - Details

Current Committee:
Assembly Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Add §19.46, amd §1.03, Ment Hyg L

2021-A9871 (ACTIVE) - Summary

Requires an alcohol or substance use disorder facility to assess all individuals admitted to their facility for tobacco use disorder.

2021-A9871 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9871
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  providing  a
   tobacco use disorder
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The mental hygiene law is amended by adding a  new  section
 19.46 to read as follows:
 § 19.46 TOBACCO USE DISORDER.
   (A)  A FACILITY REGULATED BY THE OFFICE AS AN ALCOHOL OR SUBSTANCE USE
 DISORDER FACILITY SHALL ASSESS EACH INDIVIDUAL FOR USE  OF  ALL  TOBACCO
 PRODUCTS  AT  THE  TIME  OF SUCH INDIVIDUAL'S ADMISSION TO THE FACILITY.
 THIS ASSESSMENT SHALL INCLUDE QUESTIONS RECOMMENDED IN THE  MOST  RECENT
 VERSION  OF  THE  DIAGNOSTIC  AND STATISTICAL MANUAL OF MENTAL DISORDERS
 UNDER TOBACCO USE DISORDER, OR SIMILAR EVIDENCE-BASED GUIDANCE AS DETER-
 MINED BY THE COMMISSIONER, FOR DETERMINING  THAT  AN  INDIVIDUAL  HAS  A
 TOBACCO USE DISORDER.
   (B)  FOR  AN  INDIVIDUAL  WITH  TOBACCO  USE  DISORDER,  AN ALCOHOL OR
 SUBSTANCE USE DISORDER FACILITY SHALL DO ALL OF THE FOLLOWING:
   1. PROVIDE INFORMATION TO THE INDIVIDUAL WITH TOBACCO USE DISORDER  ON
 HOW  CONTINUED  USE  OF  TOBACCO PRODUCTS COULD AFFECT SUCH INDIVIDUAL'S
 LONG-TERM SUCCESS IN RECOVERY FROM SUBSTANCE USE DISORDER.
   2. RECOMMEND TREATMENT FOR TOBACCO USE DISORDER IN  SUCH  INDIVIDUAL'S
 TREATMENT PLAN.
   3. OFFER EITHER TREATMENT, SUBJECT TO THE RULES AND REGULATIONS ISSUED
 BY THE OFFICE, OR A REFERRAL FOR TREATMENT FOR TOBACCO USE DISORDER.
   (C)    FOR  PURPOSES  OF THIS SECTION, "TOBACCO PRODUCTS" HAS THE SAME
 MEANING AS DEFINED IN SECTION THIRTEEN  HUNDRED  NINETY-NINE-AA  OF  THE
 PUBLIC HEALTH LAW.
   §  2.  Paragraph (iii) of subdivision 39 of section 1.03 of the mental
 hygiene law, as added by chapter 223 of the laws of 1992, is amended  to
 read as follows:
   (iii)  any  substance,  except alcohol [and tobacco], as listed in the
 published rules of the office which has been certified  to  the  commis-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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