senate Bill S4447

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2012 reported and committed to finance
Jan 04, 2012 referred to alcoholism and drug abuse
May 09, 2011 reported and committed to finance
Apr 06, 2011 referred to alcoholism and drug abuse

Votes

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May 21, 2012 - Alcoholism and Drug Abuse committee Vote

S4447
4
0
committee
4
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: May 21, 2012

aye wr (1)
excused (1)

May 9, 2011 - Alcoholism and Drug Abuse committee Vote

S4447
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Alcoholism and Drug Abuse committee vote details

Alcoholism and Drug Abuse Committee Vote: May 9, 2011

aye wr (2)

S4447 - Bill Details

See Assembly Version of this Bill:
A48
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง22.03, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
A8075

S4447 - Bill Texts

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

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BILL NUMBER:S4447

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 patient is entitled to.

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:
2005-06: A.9766A - Passed Assembly
2007-08: A.10699 - Referred to Alcoholism and Drug Abuse
2009-10: A.8075 - Referred to Alcoholism and Drug Abuse

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.

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

                                  4447

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 6, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- 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.
                                                           LBD03921-01-1

S. 4447                             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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