Assembly Bill A5935

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5935--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CROUCH, BRABENEC, HAWLEY, KOLB, MALLIOTAKIS,
   M. L. MILLER, NORRIS, PALMESANO, RA, WALSH, LAWRENCE -- read once  and
   referred  to  the  Committee  on  Mental  Health -- recommitted to the
   Committee on Mental Health in accordance with Assembly Rule 3, sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the mental hygiene law, in relation to enacting the bill
   of rights of persons with developmental disabilities
 
   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
 33.01-a to read as follows:
 § 33.01-A BILL OF RIGHTS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES.
   THE RIGHTS OF PERSONS WITH DEVELOPMENTAL  DISABILITIES  SET  FORTH  IN
 THIS SECTION ARE DECLARED THE PUBLIC POLICY OF THE STATE:
   (A) THE RIGHT TO BE TREATED AT ALL TIMES WITH COURTESY AND RESPECT AND
 WITH FULL RECOGNITION OF THEIR DIGNITY AND INDIVIDUALITY;
   (B) THE RIGHT TO AN APPROPRIATE, SAFE, AND SANITARY LIVING ENVIRONMENT
 THAT  COMPLIES  WITH  LOCAL, STATE, AND FEDERAL STANDARDS AND RECOGNIZES
 THE PERSONS' NEED FOR PRIVACY AND INDEPENDENCE;
   (C) THE RIGHT TO FOOD ADEQUATE TO MEET ACCEPTED  STANDARDS  OF  NUTRI-
 TION;
   (D)  THE  RIGHT TO PRACTICE THE RELIGION OF THEIR CHOICE OR TO ABSTAIN
 FROM THE PRACTICE OF RELIGION;
   (E) THE RIGHT OF TIMELY ACCESS TO APPROPRIATE MEDICAL OR DENTAL TREAT-
 MENT;
   (F) THE RIGHT OF ACCESS TO NECESSARY  ANCILLARY  SERVICES,  INCLUDING,
 BUT NOT LIMITED TO, OCCUPATIONAL THERAPY, PHYSICAL THERAPY, SPEECH THER-
 APY, AND BEHAVIOR MODIFICATION AND OTHER PSYCHOLOGICAL SERVICES;
   (G)  THE  RIGHT TO RECEIVE APPROPRIATE CARE AND TREATMENT IN THE LEAST
 INTRUSIVE MANNER;

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

                                                            LBD09624-02-8

 A. 5935--A                          2
 
   (H) THE RIGHT TO PRIVACY, INCLUDING BOTH PERIODS OF PRIVACY AND PLACES
 OF PRIVACY;
   (I)  THE  RIGHT  TO COMMUNICATE FREELY WITH PERSONS OF THEIR CHOICE IN
 ANY REASONABLE MANNER THEY CHOOSE;
   (J) THE RIGHT TO OWNERSHIP AND USE OF PERSONAL POSSESSIONS  SO  AS  TO
 MAINTAIN INDIVIDUALITY AND PERSONAL DIGNITY;
   (K)  THE  RIGHT  OF ACCESS TO OPPORTUNITIES THAT ENABLE INDIVIDUALS TO
 DEVELOP THEIR FULL HUMAN POTENTIAL;
   (L) THE RIGHT TO PURSUE VOCATIONAL OPPORTUNITIES THAT WILL PROMOTE AND
 ENHANCE ECONOMIC INDEPENDENCE;
   (M) THE RIGHT TO BE TREATED EQUALLY AS CITIZENS UNDER THE LAW;
   (N) THE RIGHT TO BE FREE FROM EMOTIONAL, PSYCHOLOGICAL,  AND  PHYSICAL
 ABUSE;
   (O)  THE  RIGHT  TO  PARTICIPATE IN APPROPRIATE PROGRAMS OF EDUCATION,
 TRAINING, SOCIAL  DEVELOPMENT,  AND  HABILITATION  AND  IN  PROGRAMS  OF
 REASONABLE RECREATION;
   (P)  THE  RIGHT  TO  PARTICIPATE  IN DECISIONS THAT AFFECT THEIR LIVES
 INCLUDING BUT NOT LIMITED TO HOUSING CHOICES AND WORKING ENVIRONMENT;
   (Q) THE RIGHT TO SELECT A PARENT OR ADVOCATE TO ACT ON THEIR BEHALF;
   (R) THE RIGHT TO MANAGE THEIR PERSONAL  FINANCIAL  AFFAIRS,  BASED  ON
 INDIVIDUAL ABILITY TO DO SO;
   (S)  THE  RIGHT  TO CONFIDENTIAL TREATMENT OF ALL INFORMATION IN THEIR
 PERSONAL AND MEDICAL RECORDS, EXCEPT TO THE EXTENT  THAT  DISCLOSURE  OR
 RELEASE OF RECORDS IS PERMITTED;
   (T)  THE  RIGHT  TO VOICE GRIEVANCES AND RECOMMEND CHANGES IN POLICIES
 AND SERVICES WITHOUT RESTRAINT, INTERFERENCE, COERCION,  DISCRIMINATION,
 OR REPRISAL;
   (U)  THE  RIGHT  TO  BE  FREE  FROM  UNNECESSARY  CHEMICAL OR PHYSICAL
 RESTRAINTS;
   (V) THE RIGHT TO PARTICIPATE IN THE POLITICAL PROCESS; AND
   (W) THE RIGHT TO REFUSE TO PARTICIPATE IN MEDICAL,  PSYCHOLOGICAL,  OR
 OTHER RESEARCH OR EXPERIMENTS.
   §  2.  Nothing  in  this bill of rights and privileges shall limit any
 other right or privilege under law. If any residential facility or  non-
 residential  service  provider  fails  to afford these rights and privi-
 leges, assistance may be sought  from  the  facility,  provider  or  the
 office for people with developmental disabilities.
   §  3.  The  commissioner  of  the office for people with developmental
 disabilities shall:
   (a) Post a copy of the bill of rights on the office's website;
   (b) Makes copies of the bill of rights  in  English,  Arabic,  French,
 Greek, Haitian/Creole, Hindi, Italian, Japanese, Korean, Polish, Spanish
 and any other language deemed necessary;
   (c)  Establish  a  public  education  program  designed to disseminate
 information regarding implementation of this section;
   (d) Include specific information detailing the effort of  the  commis-
 sioner  of  the  office  for  people  with developmental disabilities to
 effectuate this act in the statewide comprehensive plan required  pursu-
 ant to section 5.07 of the mental hygiene law; and
   (e)  Adopt  all  rules  and  regulations  necessary to effectuate this
 section.
   § 4. This act shall take effect immediately.