Senate Bill S5633

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5633
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 9, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health and Develop-
   mental Disabilities
 
 AN ACT to amend the social services law, in relation to  the  protection
   of  people  with  special  needs  regarding  controlled substances and
   medical marihuana

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (g) of subdivision 1 of section 488 of the social
 services law, as added by section 1 of part B of chapter 501 of the laws
 of 2012, is amended to read as follows:
   (g)  "Unlawful use or administration of a controlled substance," which
 shall mean any administration by a custodian to a service recipient  of:
 a  controlled substance as defined by article thirty-three of the public
 health law, without a prescription; or other medication not approved for
 any use by the federal food and  drug  administration,  EXCEPT  FOR  THE
 ADMINISTRATION  OF  MEDICAL  MARIHUANA  WHEN  SUCH  ADMINISTRATION IS IN
 ACCORDANCE WITH ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, ANY REGU-
 LATIONS PROMULGATED THEREUNDER, AND ALL  RULES,  REGULATIONS,  POLICIES,
 AND  PROCEDURES OF THE STATE OVERSIGHT AGENCY OR AGENCIES GOVERNING SUCH
 CUSTODIANS. It also  shall  include  a  custodian  unlawfully  using  or
 distributing  a  controlled substance as defined by article thirty-three
 of the public health law, at the workplace or while on duty.
   § 2. Paragraphs (e) and (f) of subdivision 1 of  section  490  of  the
 social  services  law, as added by section 1 of part B of chapter 501 of
 the laws of 2012, are amended and a new paragraph (g) is added  to  read
 as follows:
   (e)  information  regarding  individual reportable incidents, incident
 patterns and trends, and  patterns  and  trends  in  the  reporting  and
 response  to  reportable incidents is shared, consistent with applicable
 law, with the justice center, in the form and  manner  required  by  the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11131-01-9

 S. 5633                             2
 
 justice  center  and,  for  facilities or provider agencies that are not
 state operated, with the applicable state oversight agency  which  shall
 provide such information to the justice center; [and]
   (f)  incident  review  committees  are established; provided, however,
 that the regulations may authorize an exemption from  this  requirement,
 when  appropriate,  based on the size of the facility or provider agency
 or other relevant factors. Such committees shall be composed of  members
 of  the  governing  body  of  the  facility or provider agency and other
 persons identified by the director of the facility or  provider  agency,
 including  some members of the following: direct support staff, licensed
 health care practitioners, service  recipients  and  representatives  of
 family,  consumer and other advocacy organizations, but not the director
 of the facility or provider agency. Such committee shall meet  regularly
 to:  (i)  review the timeliness, thoroughness and appropriateness of the
 facility or provider agency's responses to  reportable  incidents;  (ii)
 recommend  additional  opportunities  for improvement to the director of
 the facility or provider agency, if appropriate; (iii)  review  incident
 trends  and  patterns  concerning  reportable  incidents;  and (iv) make
 recommendations to the director of the facility or  provider  agency  to
 assist  in reducing reportable incidents. Members of the committee shall
 be trained in confidentiality laws and  regulations,  and  shall  comply
 with section seventy-four of the public officers law[.]; AND
   (G)  SAFE  STORAGE,  ADMINISTRATION, AND DIVERSION PREVENTION POLICIES
 REGARDING CONTROLLED SUBSTANCES AND MEDICAL MARIHUANA.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.