Senate Bill S94

2009-2010 Legislative Session

Regulates the establishment and location of methadone treatment centers

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Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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2009-S94 (ACTIVE) - Details

See Assembly Version of this Bill:
A5529
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §22.13, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S1625

2009-S94 (ACTIVE) - Summary

Regulates the establishment and location of a methadone treatment center by prohibiting its establishment or continued operation within five hundred feet of an educational institution at the secondary level or below, day care center, church, synagogue or other place of worship unless located within a hospital.

2009-S94 (ACTIVE) - Sponsor Memo

2009-S94 (ACTIVE) - Bill Text download pdf 

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

                                   94

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen. SAMPSON -- 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 mental hygiene law, in relation to the  location  of
  methadone treatment centers

  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
22.13 to read as follows:
S 22.13  LOCATION OF METHADONE TREATMENT CENTERS.
  (A)    IN  ADDITION TO ANY OTHER REQUIREMENTS OF THIS CHAPTER OR OTHER
PROVISION OF LAW, RULE OR  REGULATION,  NO  METHADONE  TREATMENT  CENTER
SHALL  BE  ESTABLISHED, APPROVED, MAINTAINED OR CONTINUED WHICH SHALL BE
WITHIN A RADIUS OF FIVE HUNDRED FEET OF A BUILDING OCCUPIED AS A  PUBLIC
OR  PRIVATE  EDUCATIONAL  INSTITUTION  AT  THE SECONDARY LEVEL OR BELOW,
DAY-CARE CENTER, CHURCH, SYNAGOGUE OR  OTHER  PLACE  OF  WORSHIP  UNLESS
LOCATED IN A HOSPITAL; THE MEASUREMENTS TO DETERMINE SUCH DISTANCE SHALL
BE  TAKEN  IN A STRAIGHT LINE FROM THE CENTER OF THE NEAREST ENTRANCE OF
SUCH PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION, DAY-CARE CENTER, CHURCH,
SYNAGOGUE OR OTHER PLACE  OF  WORSHIP  TO  THE  CENTER  OF  THE  NEAREST
ENTRANCE OF SUCH METHADONE TREATMENT CENTER.
  (B)    WITHIN  THE  CONTEXT OF THIS SECTION, THE WORD "ENTRANCE" SHALL
MEAN A DOOR OF  A  PUBLIC  OR  PRIVATE  EDUCATIONAL  INSTITUTION,  OF  A
DAY-CARE  CENTER,  OF A HOUSE OF WORSHIP, OR OF SUCH METHADONE TREATMENT
CENTER REGULARLY USED TO GIVE INGRESS TO STUDENTS, TO  THE  PARENTS  AND
CHILDREN  OF  THE  DAY-CARE  CENTER, TO THE GENERAL PUBLIC ATTENDING THE
PLACE OF WORSHIP, AND TO ANY DRUG DEPENDENT  PERSONS  BEING  TREATED  AT
SUCH METHADONE TREATMENT CENTER;  EXCEPT THAT, WHERE A PUBLIC OR PRIVATE
EDUCATIONAL INSTITUTION, DAY-CARE CENTER OR HOUSE OF WORSHIP IS SET BACK
FROM  A  PUBLIC  THOROUGHFARE, THE WALKWAY OR STAIRS LEADING TO ANY SUCH

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

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