Assembly Bill A9472

2015-2016 Legislative Session

Regulates the establishment and location of methadone treatment centers

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A9472 (ACTIVE) - Details

See Senate Version of this Bill:
S6589
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add §22.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9145
2013-2014: A5225
2017-2018: A1847, S2147

2015-A9472 (ACTIVE) - Summary

Regulates the establishment and location of a methadone treatment center by prohibiting its establishment or continued operation within five hundred feet of an educational institution at the secondary level or below, day care center, park, church, synagogue or other place of worship unless located within a hospital.

2015-A9472 (ACTIVE) - Bill Text download pdf 

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

                                  9472

                          I N  A S S E M B L Y

                              March 9, 2016
                               ___________

Introduced  by  M.  of  A.  HARRIS,  TITONE,  RODRIGUEZ -- read once and
  referred to the Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to the  location  of
  methadone treatment centers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The mental hygiene law is amended by adding a new  section
22.13 to read as follows:
S 22.13  LOCATION OF METHADONE TREATMENT CENTERS.
  (A)    IN  ADDITION TO ANY OTHER REQUIREMENTS OF THIS CHAPTER OR OTHER
PROVISION OF LAW, RULE OR  REGULATION,  NO  METHADONE  TREATMENT  CENTER
SHALL  BE  ESTABLISHED, APPROVED, MAINTAINED OR CONTINUED WHICH SHALL BE
WITHIN A RADIUS OF FIVE HUNDRED FEET OF A BUILDING OCCUPIED AS A  PUBLIC
OR  PRIVATE  EDUCATIONAL  INSTITUTION  AT  THE SECONDARY LEVEL OR BELOW,
DAY-CARE CENTER, PARK, CHURCH,  SYNAGOGUE  OR  OTHER  PLACE  OF  WORSHIP
UNLESS  LOCATED  IN  A  HOSPITAL;  THE  MEASUREMENTS  TO  DETERMINE SUCH
DISTANCE SHALL BE TAKEN IN A STRAIGHT LINE FROM THE CENTER OF THE  NEAR-
EST ENTRANCE OF SUCH PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION, DAY-CARE
CENTER, CHURCH, SYNAGOGUE OR OTHER PLACE OF WORSHIP TO THE CENTER OF THE
NEAREST ENTRANCE OF SUCH METHADONE TREATMENT CENTER.
  (B)    WITHIN  THE  CONTEXT OF THIS SECTION, THE WORD "ENTRANCE" SHALL
MEAN A DOOR OF  A  PUBLIC  OR  PRIVATE  EDUCATIONAL  INSTITUTION,  OF  A
DAY-CARE  CENTER,  OF A HOUSE OF WORSHIP, OR OF SUCH METHADONE TREATMENT
CENTER REGULARLY USED TO GIVE INGRESS TO STUDENTS, TO  THE  PARENTS  AND
CHILDREN  OF  THE  DAY-CARE  CENTER, TO THE GENERAL PUBLIC ATTENDING THE
PLACE OF WORSHIP, AND TO ANY DRUG DEPENDENT  PERSONS  BEING  TREATED  AT
SUCH METHADONE TREATMENT CENTER;  EXCEPT THAT, WHERE A PUBLIC OR PRIVATE
EDUCATIONAL INSTITUTION, DAY-CARE CENTER OR HOUSE OF WORSHIP IS SET BACK
FROM  A  PUBLIC  THOROUGHFARE, THE WALKWAY OR STAIRS LEADING TO ANY SUCH
DOOR SHALL BE DEEMED AN ENTRANCE AND THE MEASUREMENT SHALL BE  TAKEN  TO
THE  CENTER  OF  THE  WALKWAY  OR STAIRS AT THE POINT WHERE IT MEETS THE
BUILDING LINE OR PUBLIC THOROUGHFARE.   A DOOR  WHICH  HAS  NO  EXTERIOR
HARDWARE,  OR  WHICH  IS USED SOLELY AS AN EMERGENCY OR FIRE EXIT OR FOR
MAINTENANCE PURPOSES, OR WHICH LEADS DIRECTLY TO A PART  OF  A  BUILDING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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