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
                               ___________

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.