Assembly Bill A8075

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

                                  8075

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2009
                               ___________

Introduced  by  M.  of  A.  ORTIZ, DINOWITZ, JAFFEE, LUPARDO, ESPAILLAT,
  GREENE -- Multi-Sponsored by -- M. of A. BOYLAND, DIAZ, KOON, PEOPLES,
  ROBINSON, WEISENBERG -- read once and referred  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] CHEMICAL DEPENDENCE
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.
                                                           LBD10345-01-9
              

A. 8075                             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.