assembly Bill A7689A

Signed By Governor
2017-2018 Legislative Session

Prohibits certain practices by providers of substance use disorder services

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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 (18)
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 14, 2018 referred to rules
delivered to senate
passed assembly
Jun 13, 2018 ordered to third reading rules cal.160
rules report cal.160
reported
Jun 11, 2018 reported referred to rules
Jun 05, 2018 print number 7689a
Jun 05, 2018 amend (t) and recommit to codes
Jan 03, 2018 referred to codes
Jun 07, 2017 reported referred to codes
May 09, 2017 referred to alcoholism and drug abuse

Co-Sponsors

A7689 - Details

See Senate Version of this Bill:
S6544
Law Section:
Mental Hygiene Law
Laws Affected:
Add §32.06, Ment Hyg L

A7689 - Summary

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

A7689 - Bill Text download pdf


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

                                  7689

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2017
                               ___________

Introduced  by  M. of A. ROSENTHAL -- (at request of the Office of Alco-
  holism and Substance Abuse Services) -- read once and referred 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

view additional co-sponsors

Multi-Sponsors

A7689A (ACTIVE) - Details

See Senate Version of this Bill:
S6544
Law Section:
Mental Hygiene Law
Laws Affected:
Add §32.06, Ment Hyg L

A7689A (ACTIVE) - Summary

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

A7689A (ACTIVE) - Bill Text download pdf


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

                                 7689--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                               May 9, 2017
                               ___________

Introduced  by M. of A. L. ROSENTHAL, D'URSO, THIELE, SKOUFIS, CUSICK --
  read once and referred to the Committee on Alcoholism and  Drug  Abuse
  --  reported  and referred to the Committee on Codes -- recommitted to
  the Committee on Codes 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 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.
  3. NO PROVIDER PROVIDING OR PURPORTING TO PROVIDE SUBSTANCE USE DISOR-
DER  SERVICES PURSUANT TO THIS CHAPTER, SHALL INTENTIONALLY MAKE, OFFER,
GIVE, OR AGREE TO MAKE, OFFER, OR GIVE 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
                      [ ] is old law to be omitted.