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Assembly Bill A8166

2019-2020 Legislative Session

Relates to notice to certain persons of a patient treated in a chemical dependence program or facility

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Archive: Last Bill Status - Stricken

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2019-A8166 (ACTIVE) - Details

See Senate Version of this Bill:
S4741
Law Section:
Mental Hygiene Law
Laws Affected:
Add §22.09-a, Ment Hyg L

2019-A8166 (ACTIVE) - Summary

Provides for notice to persons authorized to receive medical information when a patient treated in a chemical dependence program or facility exhibits signs of possible drug use.

2019-A8166 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8166
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law, in relation to notice to certain
   persons of a patient treated  in  a  chemical  dependence  program  or
   facility
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  "Stephen's
 law".
   § 2. The mental hygiene law is amended by adding a new section 22.09-a
 to read as follows:
 § 22.09-A NOTICE TO CERTAIN PERSONS OF PATIENTS TREATED.
   (A)  WHEN A PATIENT WHO IS CURRENTLY BEING TREATED OR HAS BEEN TREATED
 IN THE LAST SEVEN DAYS IN A TREATMENT PROGRAM CERTIFIED  BY  THE  OFFICE
 DEMONSTRATES  BEHAVIOR OR CONDITIONS THAT THE PROGRAM BELIEVES MAY CAUSE
 LIFE-THREATENING HARM TO  SUCH  PATIENT  SUCH  AS  MISSING  A  SCHEDULED
 APPOINTMENT OR TESTING POSITIVE FOR A CONTROLLED SUBSTANCE, AND WHEN THE
 TREATMENT  PROGRAM  HAS  ON FILE A RELEASE OF INFORMATION PERMITTING THE
 PROGRAM TO SHARE SPECIFIC INFORMATION WITH SPECIFIC  PARTIES  PERTAINING
 TO THE PATIENT'S BEHAVIOR OR CONDITIONS BELIEVED TO BE LIFE-THREATENING,
 THE  TREATMENT  PROGRAM  SHALL  NOTIFY  PARTIES  TO WHOM THE PATIENT HAS
 AUTHORIZED CONSENT FOR THE  RELEASE  OF  CONFIDENTIAL  INFORMATION  WITH
 DETAILS  CONSISTENT WITH THE RELEASE OF INFORMATION ON FILE AND CONSIST-
 ENT WITH FEDERAL AND STATE LAWS.
   (B) THE TREATMENT PROGRAM SHALL ONLY BE REQUIRED TO USE CONTACT INFOR-
 MATION AS SPECIFIED ON THE FORM AUTHORIZING CONSENT FOR THE  RELEASE  OF
 CONFIDENTIAL  INFORMATION  TO  CONTACT  THOSE  WHO  ARE IN A POSITION TO
 REDUCE THE HARM OF A POTENTIAL RELAPSE. A  PARTY  WHICH  DOES  NOT  LIST
 CONTACT  INFORMATION  ON SUCH FORM WAIVES ITS RIGHT TO RECEIVE NOTICE OF
 OCCURRENCES UNDER THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05434-05-9

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