Assembly Bill A48

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

                                   48

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. ORTIZ, DINOWITZ, JAFFEE, LUPARDO -- Multi-Spon-
  sored by -- M. of A.  BOYLAND, PEOPLES-STOKES, 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] 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

A. 48                               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.