senate Bill S6544B

Signed By Governor
2017-2018 Legislative Session

Prohibits certain practices by providers of substance use disorder services

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Sponsored By

Archive: Last Bill Status Via A7689 - Signed by Governor


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

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Actions

view actions (27)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 24, 2018 signed chap.223
Aug 13, 2018 delivered to governor
Jun 18, 2018 returned to assembly
passed senate
3rd reading cal.251
substituted for s6544b
Jun 18, 2018 substituted by a7689a
Jun 11, 2018 amended on third reading (t) 6544b
Jun 11, 2018 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
Mar 19, 2018 referred to codes
delivered to assembly
passed senate
Mar 12, 2018 amended on third reading (t) 6544a
Jan 30, 2018 advanced to third reading
Jan 29, 2018 2nd report cal.
Jan 23, 2018 1st report cal.251
Jan 03, 2018 referred to alcoholism and drug abuse
returned to senate
died in assembly
Jun 14, 2017 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1674
committee discharged and committed to rules
Jun 01, 2017 referred to alcoholism and drug abuse

Votes

view votes

Jan 23, 2018 - Alcoholism and Substance Abuse committee Vote

S6544
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 23, 2018

Jun 14, 2017 - Rules committee Vote

S6544
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

view additional co-sponsors

S6544 - Details

See Assembly Version of this Bill:
A7689
Law Section:
Mental Hygiene Law
Laws Affected:
Add §32.06, Ment Hyg L

S6544 - Summary

Prohibits certain practices concerning or consideration for referrals by providers of substance use disorder services.

S6544 - Sponsor Memo

S6544 - Bill Text download pdf


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

                                  6544

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 1, 2017
                               ___________

Introduced by Sen. AKSHAR -- (at request of the Office of Alcoholism and
  Substance  Abuse Services) -- read twice and ordered printed, and when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the mental hygiene law and the penal law, in relation to
  prohibiting deceptive acts and practices for  substance  use  disorder
  treatment

  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
32.06 to read as follows:
§ 32.06 PROHIBITION ON DECEPTIVE ACTS AND PRACTICES.
  (A)  DEFINITIONS.  AS  USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES  OTHER-
WISE:
  (1) "ADDICTION PROFESSIONAL" SHALL MEAN A PROFESSIONAL WHO, WITHIN THE
SCOPE  OF  THEIR LICENSE ISSUED PURSUANT TO TITLE EIGHT OF THE EDUCATION
LAW OR CREDENTIAL ISSUED PURSUANT TO SECTION 19.07 OF THE MENTAL HYGIENE
LAW, IF WORKING IN AN INDIVIDUAL CAPACITY, PROVIDES SUBSTANCE ABUSE  AND
PREVENTION SERVICES.
  (2) "CREDENTIALED PROFESSIONAL" SHALL INCLUDE ANY PERSON WHO IS IN THE
PROCESS OF APPLYING FOR A CREDENTIAL ISSUED BY THE COMMISSIONER PURSUANT
TO  SECTION  19.07 OF THE MENTAL HYGIENE LAW, OR WHO HAS A VALID CREDEN-
TIAL, OR WHO IS ELIGIBLE FOR CREDENTIAL RENEWAL;
  (3) "HEALTH CARE PROVIDER" SHALL MEAN A PRACTITIONER IN AN  INDIVIDUAL
PRACTICE, GROUP PRACTICE, PARTNERSHIP, PROFESSIONAL CORPORATION OR OTHER
AUTHORIZED FORM OF ASSOCIATION, A HOSPITAL OR OTHER HEALTH CARE INSTITU-
TION ISSUED AN OPERATING CERTIFICATE PURSUANT TO ARTICLE TWENTY-EIGHT OF
THE  PUBLIC HEALTH LAW OR ARTICLE THIRTY-ONE OR THIRTY-TWO OF THE MENTAL
HYGIENE LAW, AND ANY OTHER PURVEYOR OF HEALTH OR HEALTH RELATED ITEMS OR
SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10119-01-7

Co-Sponsors

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S6544A - Details

See Assembly Version of this Bill:
A7689
Law Section:
Mental Hygiene Law
Laws Affected:
Add §32.06, Ment Hyg L

S6544A - Summary

Prohibits certain practices concerning or consideration for referrals by providers of substance use disorder services.

S6544A - Sponsor Memo

S6544A - Bill Text download pdf


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

                                 6544--A
    Cal. No. 251

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 1, 2017
                               ___________

Introduced  by Sens. AKSHAR, CARLUCCI, FUNKE, HELMING, JACOBS, KAMINSKY,
  MARCHIONE, MURPHY,  O'MARA,  PHILLIPS,  RANZENHOFER,  RITCHIE  --  (at
  request  of  the Office of Alcoholism and Substance Abuse Services) --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Alcoholism  and  Drug  Abuse -- recommitted to the
  Committee on Alcoholism and Drug Abuse in accordance with Senate  Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT  to  amend  the  mental  hygiene law, in relation to prohibiting
  deceptive acts and practices for substance use disorder treatment

  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
32.06 to read as follows:
§ 32.06 PROHIBITION ON DECEPTIVE ACTS AND PRACTICES.
  (A) DEFINITIONS. AS USED IN THIS SECTION, THE  FOLLOWING  TERMS  SHALL
HAVE  THE FOLLOWING MEANINGS, UNLESS THE CONTEXT CLEARLY REQUIRES OTHER-
WISE:
  (1) "ADDICTION PROFESSIONAL" SHALL MEAN A PROFESSIONAL WHO, WITHIN THE
SCOPE OF THEIR LICENSE ISSUED PURSUANT TO TITLE EIGHT OF  THE  EDUCATION
LAW  OR  CREDENTIAL ISSUED PURSUANT TO SECTION 19.07 OF THIS CHAPTER, IF
WORKING  IN  AN  INDIVIDUAL  CAPACITY,  PROVIDES  SUBSTANCE  ABUSE   AND
PREVENTION SERVICES.
  (2) "CREDENTIALED PROFESSIONAL" SHALL INCLUDE ANY PERSON WHO IS IN THE
PROCESS OF APPLYING FOR A CREDENTIAL ISSUED BY THE COMMISSIONER PURSUANT
TO  SECTION 19.07 OF THIS CHAPTER, OR WHO HAS A VALID CREDENTIAL, OR WHO
IS ELIGIBLE FOR CREDENTIAL RENEWAL;
  (3) "HEALTH CARE PROVIDER" SHALL MEAN A PRACTITIONER IN AN  INDIVIDUAL
PRACTICE, GROUP PRACTICE, PARTNERSHIP, PROFESSIONAL CORPORATION OR OTHER
AUTHORIZED FORM OF ASSOCIATION, A HOSPITAL OR OTHER HEALTH CARE INSTITU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

view additional co-sponsors

S6544B (ACTIVE) - Details

See Assembly Version of this Bill:
A7689
Law Section:
Mental Hygiene Law
Laws Affected:
Add §32.06, Ment Hyg L

S6544B (ACTIVE) - Summary

Prohibits certain practices concerning or consideration for referrals by providers of substance use disorder services.

S6544B (ACTIVE) - Sponsor Memo

S6544B (ACTIVE) - Bill Text download pdf


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

                                 6544--B
    Cal. No. 251

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 1, 2017
                               ___________

Introduced  by Sens. AKSHAR, CARLUCCI, FUNKE, HELMING, JACOBS, KAMINSKY,
  MARCHIONE, MURPHY,  O'MARA,  PHILLIPS,  RANZENHOFER,  RITCHIE  --  (at
  request  of  the Office of Alcoholism and Substance Abuse Services) --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Alcoholism  and  Drug  Abuse -- recommitted to the
  Committee on Alcoholism and Drug Abuse in accordance with Senate  Rule
  6,  sec. 8 -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading -- passed
  by  Senate and delivered to the Assembly, recalled, vote reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT to amend the mental hygiene law, in relation to prohibited prac-
  tices by providers of substance use disorder services

  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
32.06 to read as follows:
§ 32.06 PROHIBITED PRACTICES BY  PROVIDERS  OF  SUBSTANCE  USE  DISORDER
          SERVICES.
  1.  FOR  PURPOSES OF THIS SECTION, UNLESS THE CONTEXT CLEARLY REQUIRES
OTHERWISE, "PROVIDER" SHALL MEAN ANY PERSON, FIRM,  PARTNERSHIP,  GROUP,
PRACTICE ASSOCIATION, FIDUCIARY, EMPLOYER, REPRESENTATIVE THEREOF OR ANY
OTHER  ENTITY  WHO  IS  PROVIDING OR PURPORTING TO PROVIDE SUBSTANCE USE
DISORDER SERVICES. PROVIDED, HOWEVER, THAT "PROVIDER" SHALL NOT  INCLUDE
A PERSON RECEIVING SUBSTANCE USE DISORDER SERVICES FROM THE PROVIDER.
  2.  NO  PROVIDER SHALL INTENTIONALLY SOLICIT, RECEIVE, ACCEPT OR AGREE
TO RECEIVE OR ACCEPT ANY PAYMENT, BENEFIT OR OTHER CONSIDERATION IN  ANY
FORM TO THE EXTENT SUCH PAYMENT, BENEFIT OR OTHER CONSIDERATION IS GIVEN
FOR  THE  REFERRAL  OF A PERSON AS A POTENTIAL PATIENT FOR SUBSTANCE USE
DISORDER SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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