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Assembly Bill A5529

2009-2010 Legislative Session

Regulates the establishment and location of methadone treatment centers

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Archive: Last Bill Status - In Assembly Committee

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2009-A5529 (ACTIVE) - Details

See Senate Version of this Bill:
S94
Current Committee:
Assembly Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง22.13, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S1625

2009-A5529 (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-A5529 (ACTIVE) - Bill Text download pdf 

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

                                  5529

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. MAISEL, BOYLAND, ROBINSON, COOK, ZEBROWSKI, LANC-
  MAN  -- Multi-Sponsored by -- M. of A. BRADLEY, HYER-SPENCER, PHEFFER,
  WEISENBERG -- read once and referred to the  Committee  on  Alcoholism
  and Drug Abuse

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.
                                                           LBD01990-01-9

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