S T A T E O F N E W Y O R K
________________________________________________________________________
2416
2017-2018 Regular Sessions
I N A S S E M B L Y
January 20, 2017
___________
Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. DINOWITZ,
JAFFEE, LUPARDO, PEOPLES-STOKES -- 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.
LBD06582-01-7
A. 2416 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.
§ 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.