Assembly Bill A2403

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2403
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. CROUCH, ASHBY, BRABENEC, HAWLEY, KOLB, LAWRENCE,
   MALLIOTAKIS, M. L. MILLER, NORRIS, PALMESANO, RA, WALSH --  read  once
   and referred to the Committee on Mental Health
 
 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;
   (H) THE RIGHT TO PRIVACY, INCLUDING BOTH PERIODS OF PRIVACY AND PLACES
 OF PRIVACY;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02895-01-9
              

 A. 2403                             2
 
   (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.