S T A T E O F N E W Y O R K
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10118--A
I N A S S E M B L Y
May 11, 2016
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Introduced by M. of A. ROSENTHAL, GUNTHER -- read once and referred to
the Committee on Alcoholism and Drug Abuse -- reported and referred to
the Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to the preparation
of educational materials to be provided to health care providers to be
disseminated to individuals with confirmed or suspected substance use
disorders; and to amend the public health law, in relation to estab-
lishing guidelines for hospital substance use disorder policies and
procedures
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 19.07 of the mental hygiene law is amended by
adding a new subdivision (l) to read as follows:
(L) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, SHALL DEVELOP OR UTILIZE EXISTING
EDUCATIONAL MATERIALS TO BE PROVIDED TO HEALTH CARE PROVIDERS TO DISSEM-
INATE TO CONFIRMED OR SUSPECTED INDIVIDUALS WITH SUBSTANCE USE DISORDERS
DURING DISCHARGE PLANNING PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
THREE-I OF THE PUBLIC HEALTH LAW FROM A GENERAL HOSPITAL. SUCH MATERIALS
SHALL INCLUDE INFORMATION REGARDING TREATMENT AND RECOVERY SERVICES,
INCLUDING BUT NOT LIMITED TO HOW TO RECOGNIZE THE NEED FOR TREATMENT
SERVICES, INFORMATION FOR INDIVIDUALS TO DETERMINE WHAT TREATMENT
RESOURCES ARE AVAILABLE TO THEM, AND ANY OTHER INFORMATION THE COMMIS-
SIONER DEEMS APPROPRIATE.
S 2. The public health law is amended by adding a new section 2803-u
to read as follows:
S 2803-U. HOSPITAL SUBSTANCE USE DISORDER POLICIES AND PROCEDURES. 1.
EVERY GENERAL HOSPITAL SHALL:
(A) DEVELOP, MAINTAIN AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES
FOR THE IDENTIFICATION, ASSESSMENT AND REFERRAL OF CONFIRMED OR
SUSPECTED CASES OF SUBSTANCE USE DISORDERS AS DEFINED IN SECTION 1.03 OF
THE MENTAL HYGIENE LAW;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14935-04-6
A. 10118--A 2
(B) ESTABLISH AND IMPLEMENT A TRAINING PROGRAM FOR ALL CURRENT AND NEW
EMPLOYEES ENGAGED IN PROVIDING DIRECT CLINICAL SERVICES TO PATIENTS
REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO THIS
SECTION; AND
(C) IF THE HOSPITAL DOES NOT HAVE OTHER ARRANGEMENTS FOR PROVIDING OR
COORDINATING THE PROVISION OF SERVICES TO INDIVIDUALS WITH SUBSTANCE USE
DISORDERS, CONTACT A SUBSTANCE USE DISORDER SERVICES PROGRAM THAT
PROVIDES BEHAVIORAL HEALTH SERVICES, AS DEFINED IN SECTION 1.03 OF THE
MENTAL HYGIENE LAW, IN THE GEOGRAPHIC AREA SERVED BY SUCH HOSPITAL TO
COORDINATE THE PROVISION OF SERVICES TO INDIVIDUALS WITH SUBSTANCE USE
DISORDERS.
2. UPON ADMITTANCE, COMMENCEMENT OF TREATMENT, OR DISCHARGE OF A
CONFIRMED OR SUSPECTED INDIVIDUAL WITH A SUBSTANCE USE DISORDER, SUCH
HOSPITAL SHALL INFORM THE INDIVIDUAL, ORALLY AND IN WRITING, OF THE
AVAILABILITY OF THE SUBSTANCE USE DISORDER TREATMENT SERVICES, INCLUDING
BUT NOT LIMITED TO MEDICATION-ASSISTED TREATMENT, THAT MAY BE AVAILABLE
TO THEM THROUGH A SUBSTANCE USE DISORDER SERVICES PROGRAM.
3. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF THE
OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, SHALL MAKE REGU-
LATIONS AS MAY BE NECESSARY AND PROPER TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that the commissioner of
health, the commissioner of alcoholism and substance abuse services, and
general hospitals shall, respectively, make regulations and take other
actions reasonably necessary to implement this act on such date.