NY State Senate Bill 2019-S4741B

Senate Bill S4741B

Signed By Governor

2019-2020 Legislative Session

Enacts "Stephen's law"; requires certified treatment programs to notify patients of their right to name an emergency contact

download bill text pdf

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 11, 2020	signed chap.270
Oct 30, 2020	delivered to governor
Jul 21, 2020	returned to senate passed assembly ordered to third reading rules cal.249 substituted for a9536
Feb 04, 2020	referred to alcoholism and drug abuse delivered to assembly passed senate
Feb 03, 2020	ordered to third reading cal.330 committee discharged and committed to rules
Jan 08, 2020	print number 4741b
Jan 08, 2020	amend (t) and recommit to alcoholism and substance abuse referred to alcoholism and substance abuse returned to senate died in assembly
May 13, 2019	referred to alcoholism and drug abuse delivered to assembly passed senate
May 06, 2019	advanced to third reading
May 01, 2019	2nd report cal.
Apr 30, 2019	1st report cal.510
Apr 24, 2019	print number 4741a
Apr 24, 2019	amend (t) and recommit to mental health and developmental disabilities
Apr 08, 2019	reported and committed to mental health and developmental disabilities
Mar 22, 2019	referred to alcoholism and substance abuse

Votes

- Feb 4, 2020 - Floor Vote
  S4741B
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Feb 4, 2020
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (1)
      
      Breslin
  Feb 3, 2020 - Rules Committee Vote
  S4741B
  
  18
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Feb 3, 2020
      
      aye (18)
      
      Benjamin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      excused (1)
      
      Breslin

Bill Amendments

Original

B (Active)

co-Sponsors

2019-S4741 - Details

See Assembly Version of this Bill:: A9536
Law Section:: Mental Hygiene Law
Laws Affected:: Add §32.17-a, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:: S4741, A9536

2019-S4741 - Summary

Enacts "Stephen's law"; requires certified treatment programs to notify patients of their right to name an emergency contact.

2019-S4741 - Sponsor Memo

                                
 
BILL NUMBER: S4741

SPONSOR: HARCKHAM
 
TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
notice to certain persons of a patient previously treated in a chemical
dependence program or facility

 
PURPOSE:

This bill would require medical providers to alert certain individuals
who have a patient's consent to access medical information when that
patient demonstrates warning signs of relapse.

 
SUMMARY OF PROVISIONS:

Section 1 titles the bill "Stephen's Law."

Section 2 requires that when a medical provider who notices a patient
with a history of drug abuse has relapsed, missed appointments, or shown
other behavior that could be life threatening, that medical provider
must inform of the occurrence parties who have been given consent to

access medical information. Section 2 also specifies that a patient may
not, revoke consent of release of information after a provider has
observed a warning sign. Lastly, the section requires that a provider is
not required to contact more than three parties.

Section 3 directs OASAS to update its TRS-2 consent form to include
contact information.

Section 4 sets the effective date.

 
JUSTIFICATION:

On the morning of August 24th, 2018, the mother of Stephen Canastraro
Jr. went to wake him, only to find him cold and unresponsive. Stephen
died due to large gaps in our treatment system. Through this painful
journey, Stephen and his family learned how difficult it is to navigate
health care and support for Substance Abuse Disorder and Mental Health.
Stephen wanted desperately to get better but could not do this on his
own.

In the days prior to his death, Stephen demonstrated to the provider
some warning signs of relapse, such as missed appointments and drug use.
Today's drugs kill faster than cancer, and as fast as a massive heart
attack. Every minute counts battling this disease.

On August 22nd, the provider was aware of Stephen failing a urine test,
and let Stephen return home.

Stephen signed a New York State release form that granted access to
medical information to his mother and to Save the Michaels of the World,
a non-profit organization that provides support to those struggling with
addiction. However, neither Stephen's mother nor Save the Michaels were
notified of his missed appointments or positive drug screens.

One phone call on August 22nd -- two days before Stephen died -- could
have saved Stephen's life.


This bill, named in Stephen's memory, simply directs medical providers
to make a quick call to a patient's loved ones - individuals who already
have the patient's consent to access their medical information - and
inform them of observations that could be warning signs of relapse and
save a life.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
180 days after becoming law.

2019-S4741 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4741
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced  by  Sens.  HARCKHAM, ORTT -- read twice and ordered printed,
   and when printed to be committed to the Committee  on  Alcoholism  and
   Substance Abuse
 
 AN ACT to amend the mental hygiene law, in relation to notice to certain
   persons  of  a  patient  previously  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 PREVIOUSLY TREATED.
   (A) WHEN A PATIENT WHO HAS  PREVIOUSLY  BEEN  TREATED  IN  A  CHEMICAL
 DEPENDENCE  PROGRAM,  SERVICE  OR  TREATMENT  FACILITY DOES NOT ATTEND A
 SCHEDULED APPOINTMENT; TESTS POSITIVE FOR ANY CONTROLLED  SUBSTANCE;  OR
 DEMONSTRATES  BEHAVIOR  OR  CONDITIONS  WHICH MAY CAUSE LIFE-THREATENING
 HARM TO SUCH PATIENT, A HEALTH CARE PROVIDER TREATING OR OBSERVING  SUCH
 PATIENT  SHALL  NOTIFY  ALL  PARTIES  TO WHOM THE PATIENT HAS AUTHORIZED
 CONSENT FOR THE RELEASE OF MEDICAL INFORMATION.
   (B) THE HEALTH CARE PROVIDER SHALL ONLY BE  REQUIRED  TO  USE  CONTACT
 INFORMATION AS SPECIFIED ON THE FORM AUTHORIZING CONSENT FOR THE RELEASE
 OF  MEDICAL INFORMATION. A PARTY WHICH DOES NOT LIST CONTACT INFORMATION
 ON SUCH FORM WAIVES ITS RIGHT TO RECEIVE  NOTICE  OF  OCCURRENCES  UNDER
 THIS SECTION.
   (C)  THE  OFFICE  SHALL  NOTIFY  A  PARTY WHO IS AUTHORIZED TO RECEIVE
 MEDICAL INFORMATION OF THE IMPENDING EXPIRATION OF SUCH AUTHORIZATION NO
 LESS THAN SEVEN CALENDAR DAYS BEFORE THE EXPIRATION DATE.
   (D) UPON THE OCCURRENCE OF ANY CIRCUMSTANCE UNDER SUBDIVISION  (A)  OF
 THIS  SECTION,  A  PATIENT  MAY  NOT  REVOKE  HIS OR HER CONSENT FOR THE
 RELEASE OF INFORMATION TO ANY PARTY. THE CONSENT SHALL REMAIN IN  EFFECT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05434-02-9

 S. 4741                             2
 
 UNTIL  IT EXPIRES PURSUANT TO THE TERMS ORIGINALLY SPECIFIED AT THE TIME
 THE CONSENT WAS SIGNED OR SUBSEQUENTLY UPDATED.
   (E)  A HEALTH CARE PROVIDER SHALL NOT BE REQUIRED TO CONTACT MORE THAN
 THREE PARTIES FOR ANY SINGLE OCCURRENCE.
   § 3. The office of  alcoholism  and  substance  abuse  services  shall
 update  the  TRS-2  form  (Consent for Release of Information Concerning
 Alcoholism/Drug Abuse Patient) to include a space in which  a  signatory
 may  add immediate contact information for persons who are authorized to
 receive medical information, including but not limited to a phone number
 and/or an email address. The updated form shall  be  published  no  more
 than ninety days after the effective date of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2019-S4741A - Details

See Assembly Version of this Bill:: A9536
Law Section:: Mental Hygiene Law
Laws Affected:: Add §32.17-a, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:: S4741, A9536

2019-S4741A - Summary

Enacts "Stephen's law"; requires certified treatment programs to notify patients of their right to name an emergency contact.

2019-S4741A - Sponsor Memo

                                
 
BILL NUMBER: S4741A

SPONSOR: HARCKHAM
 
TITLE OF BILL:  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

 
PURPOSE:

This bill would require medical providers to alert certain individuals
who have a patient's consent to access medical information when that
patient demonstrates warning signs of relapse.

 
SUMMARY OF PROVISIONS:

Section 1 titles the bill "Stephen's Law."

Section 2 requires that when a medical provider who notices a patient
with a history of drug abuse has relapsed, missed appointments, or shown
other behavior that could be life threatening, that medical provider
must inform of the occurrence parties who have been given consent to

access medical information. Section 2 also specifies that a patient may
not, revoke consent of release of information after a provider has
observed a warning sign. Lastly, the section requires that a provider is
not required to contact more than three parties.

Section 3 directs OASAS to update its TRS-2 consent form to include
contact information.

Section 4 sets the effective date.

 
JUSTIFICATION:

On the morning of August 24th, 2018, the mother of Stephen Canastraro
Jr, went to wake him, only to find him cold and unresponsive. Stephen
dies due to large gaps in our treatment system. Through this painful
journey, Stephen and his family learned how difficult it is to navigate
health care and support for Substance Abuse Disorder and Mental Health.
Stephen wanted so desperately to get better but could not do this on his
own.

In the days prior to his death, Stephen demonstrated to the provider
some warning signs of relapse, such as missed appointments and drug use.
Today's drugs kill faster than cancer, and as fast as a massive heart
attack. Every minute counts battling this disease.

On August 22nd, the provider was aware of Stephen failing a urine test,
and let Stephen return home.

Stephen signed a New York State release form that granted access to
medical information to his mother and to Save the Michaels of the World,
a non-profit organization that provides support to those struggling with
addiction. However, neither Stephen's mother nor Save the Michaels were
notified of his missed appointments or positive drug screens.

One phone call on August 22nd -- two days before Stephen died -- could
have saved Stephen's life.


This bill, named in Stephen's memory, simply directs medical providers
to make a quick call to a patient's loved ones - individuals who already
have the patient's consent to access their medical information - and
inform them of observations that could be warning signs of relapse and
save a life.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
180 days after becoming law.

2019-S4741A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4741--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced  by Sens. HARCKHAM, ORTT, KENNEDY, MARTINEZ -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Alcoholism and Substance Abuse -- reported favorably from said commit-
   tee  and committed to the Committee on Mental Health and Developmental
   Disabilities -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05434-04-9

 S. 4741--A                          2
 
 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.
   (C)  A  TREATMENT  PROGRAM  SHALL NOT BE REQUIRED TO CONTACT MORE THAN
 THREE PARTIES FOR ANY SINGLE OCCURRENCE.
   § 3. The office of  alcoholism  and  substance  abuse  services  shall
 update  the  TRS-2  form  (Consent for Release of Information Concerning
 Alcoholism/Drug Abuse Patient) to include a space in which  a  signatory
 may  add immediate contact information for persons who are authorized to
 receive medical information, including but not limited to a phone number
 and/or an email address. The updated form shall  be  published  no  more
 than ninety days after the effective date of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2019-S4741B (ACTIVE) - Details

See Assembly Version of this Bill:: A9536
Law Section:: Mental Hygiene Law
Laws Affected:: Add §32.17-a, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:: S4741, A9536

2019-S4741B (ACTIVE) - Summary

Enacts "Stephen's law"; requires certified treatment programs to notify patients of their right to name an emergency contact.

2019-S4741B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4741B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to requiring certi-
fied treatment programs to notify patients of their right to name an
emergency contact

 
PURPOSE:

This bill would require that all certified treatment programs notify
every patient of their right to identify individuals who should be
contacted in case of emergency, as such term is defined by the commis-
sioner.

 
SUMMARY OF PROVISIONS:

Section 1 titles the bill "Stephen's Law".

Section 2 amends the mental hygiene law by adding 32.17-a which would

require all certified treatment programs notify every patient of their
right to identify individuals who should be contacted in case of emer-
gency, as such term is defined by the commissioner.

Section 3 directs OASAS to develop guidelines to help patients to iden-
tify individuals who can assist in their treatment and recovery and
those who can serve as emergency contacts.

Section 4 sets the effective date.

 
JUSTIFICATION:

On the morning of August 24th, 2018, the mother of Stephen Canastraro
Jr, went to wake him, only to find him cold and unresponsive. Stephen
dies due to large gaps in our treatment system. Through this painful
journey, Stephen and his family learned how difficult it is to navigate
health care and support for Substance Abuse Disorder and Mental Health.
Stephen wanted so desperately to get better but could not do this on his
own.

In the days prior to his death, Stephen demonstrated to the provider
some warning signs of relapse, such as missed appointments and drug use.
Today's drugs kill faster than cancer, and as fast as a massive heart
attack. Every minute counts battling this disease.

On August 22nd, the provider was aware of Stephen failing a urine test,
and let Stephen return home.

Stephen signed a New York State release form that granted access to
medical information to his mother and to Save the Michaels of the World,
a non-profit organization that provides support to those struggling with
addiction.

However, neither Stephen's mother nor Save the Michaels were notified of
his missed appointments or positive drug screens.

One phone call on August 22nd -- two days before Stephen died - could
have saved Stephen's life.
This bill, named in Stephen's memory, simply requires that certified
treatment programs notify patients of their rights to identify individ-
uals who should be contacted in case of emergency.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect 180 days after becoming a law.

2019-S4741B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4741--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced  by  Sens. HARCKHAM, ORTT, BIAGGI, CARLUCCI, KAPLAN, KENNEDY,
   KRUEGER, MARTINEZ, RAMOS -- read twice and ordered printed,  and  when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Abuse -- reported favorably from said committee and committed  to  the
   Committee on Mental Health and Developmental Disabilities -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- recommitted to the Committee on Alcoholism and
   Substance Abuse in accordance with Senate Rule 6, sec. 8 --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the mental hygiene law, in relation to requiring certi-
   fied treatment programs to notify patients of their right to  name  an
   emergency contact
 
   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 32.17-a
 to read as follows:
 § 32.17-A NOTIFICATION OF EMERGENCY CONTACT.
   EVERY  CERTIFIED TREATMENT PROGRAM SHALL NOTIFY EVERY PATIENT OF THEIR
 RIGHT TO IDENTIFY INDIVIDUALS WHO SHOULD BE CONTACTED IN CASE  OF  EMER-
 GENCY, AS SUCH TERM IS DEFINED BY THE COMMISSIONER.
   §  3.  The  office  of  addiction  services and supports shall develop
 guidelines to  encourage  certified  treatment  programs  to  work  with
 patients  to  identify individuals who can assist in their treatment and
 recovery, and to identify those individuals who can serve as an emergen-
 cy contact person  for  such  patient.  Such  guidelines  shall  provide
 instruction to certified treatment programs regarding recommended proto-
 cols for communicating with emergency contacts.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05434-08-9

 S. 4741--B                          2
 
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become a law. Effective immediately, the development of
 guidelines necessary for the implementation of this act on its effective
 date are authorized to be made and completed on or before such date.

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Senate Bill S4741B

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

2019-S4741 - Details

2019-S4741 - Summary

2019-S4741 - Sponsor Memo

2019-S4741 - Bill Text download pdf

co-Sponsors

2019-S4741A - Details

2019-S4741A - Summary

2019-S4741A - Sponsor Memo

2019-S4741A - Bill Text download pdf

co-Sponsors

2019-S4741B (ACTIVE) - Details

2019-S4741B (ACTIVE) - Summary

2019-S4741B (ACTIVE) - Sponsor Memo

2019-S4741B (ACTIVE) - Bill Text download pdf

Comments