Senate Bill S6544B

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 Via A7689 - 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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Votes

Bill Amendments

co-Sponsors

2017-S6544 - Details

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

2017-S6544 - Summary

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

2017-S6544 - Sponsor Memo

2017-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

2017-S6544A - Details

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

2017-S6544A - Summary

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

2017-S6544A - Sponsor Memo

2017-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

2017-S6544B (ACTIVE) - Details

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

2017-S6544B (ACTIVE) - Summary

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

2017-S6544B (ACTIVE) - Sponsor Memo

2017-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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