S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7347
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 25, 2019
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL -- (at request of the Office of
   Alcoholism and Substance Abuse Services) -- read once and referred  to
   the Committee on Alcoholism and Drug Abuse
 
 AN  ACT  to  amend  the  mental  hygiene law, in relation to definitions
   related to addiction disorders, to change the name of  the  office  of
   alcoholism and substance abuse services, and the scope of responsibil-
   ities  of  such  office;  and to repeal certain provisions of such law
   relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  2,  3  and  4 of section 1.03 of the mental
 hygiene law, subdivision 2 as amended by chapter 168 of the laws of 2010
 and subdivisions 3 and 4 as amended by section 4 of part MM  of  chapter
 58 of the laws of 2015, are amended to read as follows:
   2. "Commissioner" means the commissioner of mental health, the commis-
 sioner of developmental disabilities and the commissioner of [alcoholism
 and substance abuse services] ADDICTION SERVICES AND SUPPORTS as used in
 this  chapter. Any power or duty heretofore assigned to the commissioner
 of mental hygiene or to the department of  mental  hygiene  pursuant  to
 this  chapter  shall hereafter be assigned to the commissioner of mental
 health in the case of facilities, programs, or services for  individuals
 with  mental  illness, to the commissioner of developmental disabilities
 in the case of facilities, programs, or services  for  individuals  with
 developmental  disabilities,  to  the  commissioner  of  [alcoholism and
 substance abuse services] ADDICTION SERVICES AND SUPPORTS in the case of
 facilities, programs, or ADDICTION DISORDER  services  [for  alcoholism,
 alcohol  abuse,  substance  abuse,  substance  dependence,  and chemical
 dependence] in accordance with the provisions of titles D and E of  this
 chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09086-01-9

              

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   3.  "Mental disability" means mental illness, intellectual disability,
 developmental disability, [alcoholism, substance dependence, or chemical
 dependence] OR AN ADDICTIVE DISORDER AS DEFINED IN THIS SECTION.
   4.  "Services for persons with a mental disability" means examination,
 diagnosis, care, treatment, rehabilitation,  supports,  habilitation  or
 training  [of  the  mentally  disabled]  OR  AS MAY BE MORE SPECIFICALLY
 DEFINED IN THIS SECTION.
   § 2. Subdivision 12 of section 1.03  of  the  mental  hygiene  law  is
 REPEALED and a new subdivision 12 is added to read as follows:
   12.  "ADDICTIVE DISORDER" OR "ADDICTION DISORDER" FOR PURPOSES OF THIS
 CHAPTER MEANS SUBSTANCE USE DISORDER OR GAMBLING DISORDER AS SUCH  TERMS
 ARE  DEFINED IN THIS SECTION AND DERIVED FROM THE MOST RECENT EDITION OF
 THE  DIAGNOSTIC  AND  STATISTICAL  MANUAL  OF  MENTAL  DISORDERS  (DSM),
 PUBLISHED BY THE AMERICAN PSYCHIATRIC ASSOCIATION.
   §  3.  Subdivisions 13, 14, 15, 16, 18, 25, 29, 40, 41, 43, 44, 45 and
 57 of section 1.03 of the mental hygiene law are REPEALED.
   § 4. Subdivision 17 of section 1.03 of  the  mental  hygiene  law,  as
 amended  by  chapter  223  of  the  laws  of 1992, is amended to read as
 follows:
   17. "ADDICTION TREATMENT FACILITY" OR "Alcoholism facility"  means  an
 in-patient, RESIDENTIAL OR OUTPATIENT facility in the department [desig-
 nated by the commissioner of alcoholism and substance abuse services as]
 suitable  for  the  [care  and  treatment of alcoholics or an in-patient
 facility which has been approved by such commissioner  as  suitable  for
 the  care  and treatment of] PROVISION OF ADDICTION DISORDER SERVICES TO
 persons suffering from [alcoholism] AN ADDICTIVE DISORDER and which  has
 been  issued an operating certificate [by such commissioner] PURSUANT TO
 ARTICLE THIRTY-TWO OF THIS CHAPTER.
   § 5. Subdivision 19 of section 1.03 of  the  mental  hygiene  law,  as
 added by chapter 978 of the laws of 1977, is amended to read as follows:
   19.  "Significant  other" means a relative, close friend, associate or
 individual otherwise concerned with the welfare of  a  person  suffering
 from  [alcohol  and/or  substance abuse] AN ADDICTIVE DISORDER when that
 individual is directly  affected  by  the  person's  [alcoholism  and/or
 substance abuse] ADDICTIVE DISORDER.
   § 6. Subdivisions 38 and 39 of section 1.03 of the mental hygiene law,
 subdivision  38 as amended by chapter 223 of the laws of 1992 and subdi-
 vision 39 as added by chapter 819 of the laws of 1992,  are  amended  to
 read as follows:
   38.  "RESIDENTIAL  SERVICES  FACILITY"  OR "Alcoholism community resi-
 dence" means any facility licensed or operated [by the office  of  alco-
 holism  and  substance abuse services] PURSUANT TO ARTICLE THIRTY-TWO OF
 THIS CHAPTER which provides [a supervised residence for persons  suffer-
 ing  from  alcoholism  or  alcohol  abuse]  RESIDENTIAL SERVICES FOR THE
 TREATMENT OF AN ADDICTION DISORDER and a homelike environment, including
 room, board and responsible supervision [for the rehabilitation of  such
 persons] as part of an overall service delivery system.
   39.   "Employee  assistance  program"  means  a  confidential  program
 designed to assist employees and their families, through identification,
 motivation referral, and follow-up, with  problems  that  may  interfere
 with  the  employees'  ability  to perform on the job effectively, effi-
 ciently and safely. Such problems include [alcohol and  substance  abuse
 problems]  ADDICTIVE  DISORDERS,  emotional,  marital, family, and other
 personal problems.
   § 7. Subdivision 42 of section 1.03 of  the  mental  hygiene  law,  as
 added by chapter 223 of the laws of 1992, is amended to read as follows:

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   42.  "SUBSTANCE  USE  DISORDER  PROGRAM"  OR "Substance abuse program"
 shall mean any public or private person, corporation, partnership, agen-
 cy, either profit or non-profit, or state or municipal government  which
 provides  [substance abuse] SUBSTANCE USE DISORDER services, in either a
 residential  or  ambulatory setting, to persons [who are substance abus-
 ers, substance dependent,]  in  need  of  services  [to  avoid  becoming
 substance abusers, substance dependent or to significant others] FOR THE
 PREVENTION  OF, OR TREATMENT AND RECOVERY FROM A SUBSTANCE USE DISORDER.
 Any person or entity providing such services as a minor part of a gener-
 al health or counseling unit subject to regulations promulgated  by  the
 commissioner  and  other  appropriate agencies shall not be considered a
 substance [abuse] USE DISORDER program.
   § 8. Subdivisions 54, 55, 56 and 58 of  section  1.03  of  the  mental
 hygiene  law, subdivision 54 as added by chapter 83 of the laws of 1995,
 subdivision 55 as added by chapter 558 of the laws of 1999 and  subdivi-
 sions  56  and  58  as added by section 1 of part N of chapter 56 of the
 laws of 2012, are amended to read as follows:
   54. ["Compulsive  gambling]  "GAMBLING  DISORDER"  means  an  [impulse
 control  disorder]  ADDICTIVE  DISORDER,  as  defined by the most recent
 edition of the diagnostic and statistical  manual  of  mental  disorders
 (DSM),  published by the American Psychiatric Association, CHARACTERIZED
 BY REPEATED PROBLEMATIC GAMBLING BEHAVIOR WHICH CAUSES SIGNIFICANT PROB-
 LEMS OR DISTRESS. UNLESS OTHERWISE PROVIDED, FOR THE  PURPOSES  OF  THIS
 CHAPTER,  THE  TERM  GAMBLING DISORDER SHALL MEAN AND INCLUDE COMPULSIVE
 GAMBLING, PATHOLOGICAL GAMBLING OR PROBLEM GAMBLING.
   55. ["Chemical dependence] "ADDICTION DISORDER services" OR "ADDICTION
 SERVICES" shall mean ENGAGEMENT TO TREATMENT,  examination,  evaluation,
 diagnosis,  care, treatment, rehabilitation, [or] RELAPSE PREVENTION AND
 RECOVERY MAINTENANCE, AND RELATED  EDUCATION  AND  training  of  persons
 suffering  from  [alcohol  and/or  substance abuse and/or dependence] OR
 RECOVERING FROM AN ADDICTIVE  DISORDER  and  THEIR  significant  others.
 Unless  otherwise  provided,  for the purposes of this chapter, the term
 ADDICTION DISORDER SERVICES SHALL MEAN AND INCLUDE "chemical  dependence
 services,"  [shall  mean  and include] alcoholism and/or substance abuse
 services, SUBSTANCE USE DISORDER  SERVICES,  SUBSTANCE  DEPENDENCE,  AND
 GAMBLING DISORDER SERVICES.
   56.  "Substance  use disorder" means [the misuse of, dependence on, or
 addiction to alcohol and/or legal or illegal drugs  leading  to  effects
 that  are  detrimental] RECURRENT USE OF ALCOHOL AND/OR LEGAL OR ILLEGAL
 DRUGS CAUSING CLINICAL AND FUNCTIONALLY SIGNIFICANT  IMPAIRMENT  to  the
 individual's  physical  and mental health, or the welfare of others [and
 shall include].  UNLESS OTHERWISE PROVIDED, FOR  THE  PURPOSES  OF  THIS
 CHAPTER  THE TERM SUBSTANCE USE DISORDER SHALL MEAN AND INCLUDE alcohol-
 ism, alcohol abuse, DRUG ABUSE, substance abuse,  substance  dependence,
 chemical abuse, and/or chemical dependence.
   58.  "Behavioral  health services" means examination, diagnosis, care,
 treatment, rehabilitation, or training for persons with mental  illness,
 [substance  use  disorder, or compulsive gambling disorder] OR ADDICTIVE
 DISORDERS.
   § 9. Section 1.03 of the mental hygiene law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. NOTWITHSTANDING ANY OTHER SECTION OF LAW OR  REGULATION,  ON  AND
 AFTER  THE EFFECTIVE DATE OF THIS SUBDIVISION, ANY AND ALL REFERENCES TO
 THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE  PREDECES-
 SOR  AGENCIES  TO  THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
 INCLUDING THE DIVISION OF ALCOHOLISM AND ALCOHOL ABUSE AND THE  DIVISION

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 OF  SUBSTANCE ABUSE SERVICES, SHALL BE KNOWN AS THE "OFFICE OF ADDICTION
 SERVICES AND SUPPORTS." NOTHING IN THIS SUBDIVISION SHALL  BE  CONSTRUED
 AS  REQUIRING  OR PROHIBITING THE FURTHER AMENDMENT OF STATUTES OR REGU-
 LATIONS TO CONFORM TO THE PROVISIONS OF THIS SUBDIVISION.
   §  10.  Section  5.01 of the mental hygiene law, as amended by chapter
 168 of the laws of 2010, is amended to read as follows:
 § 5.01 Department of mental hygiene.
   There shall continue to be in the state  government  a  department  of
 mental  hygiene.  Within  the  department  there  shall be the following
 autonomous offices:
   (1) office of mental health;
   (2) office for people with developmental disabilities;
   (3) office of [alcoholism and substance abuse] ADDICTION SERVICES  AND
 SUPPORTS.
   §  11.  Section  5.03 of the mental hygiene law, as amended by chapter
 168 of the laws of 2010, is amended to read as follows:
 § 5.03 Commissioners.
   The head of the office of mental health shall be the  commissioner  of
 mental  health;  the  head  of  the office for people with developmental
 disabilities shall be the commissioner  of  developmental  disabilities;
 and  the head of the office of [alcoholism and substance abuse services]
 ADDICTION SERVICES AND SUPPORTS shall be the commissioner of [alcoholism
 and substance abuse services]  ADDICTION  SERVICES  AND  SUPPORTS.  Each
 commissioner  shall be appointed by the governor, by and with the advice
 and consent of the senate, to serve at the pleasure of the governor.
   § 12. Subdivisions (b) and (c) of section 19.07 of the mental  hygiene
 law,  subdivision  (b) as amended by chapter 271 of the laws of 2010 and
 subdivision (c) as added by chapter 223 of the laws of 1992, are amended
 to read as follows:
   (b) The office of alcoholism and substance abuse services shall advise
 and assist the governor in improving services  and  developing  policies
 designed  to  meet  the  needs of persons who [abuse or are dependent on
 alcohol and/or substances] SUFFER FROM AN ADDICTIVE DISORDER  and  their
 families,  and  to encourage their rehabilitation, maintenance of recov-
 ery, and functioning in society.
   (c) The office of alcoholism and substance abuse services  shall  have
 the  responsibility  for seeing that persons who [abuse or are dependent
 on alcohol and/or substances] SUFFER  FROM  AN  ADDICTIVE  DISORDER  and
 their families are provided with ADDICTION SERVICES, care and treatment,
 AND  that  such  SERVICES, care, treatment and rehabilitation is of high
 quality and effectiveness, and that the personal  and  civil  rights  of
 persons  SEEKING  AND  receiving ADDICTION SERVICES, care, treatment and
 rehabilitation are adequately protected.
   § 13. This act shall take effect immediately.