Assembly Bill A7689

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 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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Bill Amendments

co-Sponsors

2017-A7689 - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Add §32.06, Ment Hyg L; amd §177.05, Pen L

2017-A7689 - Summary

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

2017-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

multi-Sponsors

2017-A7689A (ACTIVE) - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Add §32.06, Ment Hyg L; amd §177.05, Pen L

2017-A7689A (ACTIVE) - Summary

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

2017-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.
              

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