NY State Senate Bill S4599

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2020	referred to alcoholism and drug abuse delivered to assembly passed senate
Jan 15, 2020	advanced to third reading
Jan 14, 2020	2nd report cal.
Jan 13, 2020	1st report cal.67
Jan 08, 2020	referred to alcoholism and substance abuse returned to senate died in assembly
Jun 12, 2019	referred to alcoholism and drug abuse delivered to assembly passed senate
Jun 04, 2019	advanced to third reading
Jun 03, 2019	2nd report cal.
May 30, 2019	1st report cal.1029
Mar 15, 2019	referred to alcoholism and substance abuse

Votes

view votes

Feb 4, 2020 - floor Vote

S4599

floor

Aye

Nay

Absent

Excused

Abstained

Jan 13, 2020 - Alcoholism and Substance Use Disorders committee Vote

S4599

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Alcoholism and Substance Use Disorders committee vote details

Alcoholism and Substance Use Disorders Committee Vote: Jan 13, 2020

aye (7)

Jun 12, 2019 - floor Vote

S4599

floor

Aye

Nay

Absent

Excused

Abstained

May 30, 2019 - Alcoholism and Substance Use Disorders committee Vote

S4599

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Alcoholism and Substance Use Disorders committee vote details

Alcoholism and Substance Use Disorders Committee Vote: May 30, 2019

aye (7)

Co-Sponsors

S4599 (ACTIVE) - Details

See Assembly Version of this Bill:: A3119
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §22.03, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8075
2011-2012: S4447, A48
2013-2014: S913, A1777
2015-2016: S1543, A5869
2017-2018: S3408, A2416
2021-2022: S5054, A7530
2023-2024: S6009, A915

S4599 (ACTIVE) - Summary

Creates the chemical dependence treatment bill of rights to be posted in a conspicuous place in all treatment facilities.

S4599 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4599

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
creating a chemical dependence treatment bill of rights

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that patients of chemical dependence treatment facilities are
accorded appropriate rights.

 
SUMMARY OF SPECIFIC PROVISIONS:

The mental hygiene law is amended by adding a new subdivision (d) to
section 22.03, containing a list of rights which patients of chemical
dependence treatment are entitled.

Section 1: These rights shall be posed in places throughout the facility
or program and every patient shall be given a copy.

The Bill Rights shall include but not be limited to - Every patient has

the right:

*To participated in developing an individualized plan of treatment and
to request a review of the treatment plan by another clinician.

*To receive an explanation of services in accordance with the treatment
plan.

*To be fully informed of the proposed treatment plan.

*To object to or terminate treatment unless otherwise directed by court
order.

*To privacy in treatment and in caring for personal needs, to have
confidentiality in the treatment of personal and medical records, and to
have security in storing possessions.

*To have access to treatment records.

*To receive courteous, fair, and respectful treatment that is appropri-
ate to individual needs.

*To be treated in a manner that is free from abuse, discrimination,
mistreatment, and exploitation.

*Civil and religious liberties shall not be infringed upon and facility
or staff shall encourage and assist in the fullest exercise of these
rights.

*To be free to report grievances regarding services or staff

Section 2: The act shall take effect on the 180th day after it shall
have become a law, with provisions.

 
JUSTIFICATION:

It is essential that a stigmatized group such as persons suffering from
chemical dependency be entitled to the same type of rights and
protections that are afforded to persons seeking other forms of medical
care. Clearly enumerating the rights that persons in treatment are enti-
tled to will help to provide essential protections to a vulnerable popu-
lation.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: 53408 - Referred to Alcoholism and Drug Abuse
2015-16: S.1543/A.5869 - Referred to Alcoholism and Drug Abuse
2013-14: S.913/A.1777 - Referred to Alcohol and Drug Abuse
2011-12: S.4447/A.48 - Passed the Assembly/ Died in Finance
2009-10: A.8075 - Referred to Alcoholism and Drug Abuse
2007-06: A.10699 - Referred to Alcoholism and Drug Abuse
2005-06: A.9766A - Passed Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law, provided however that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

S4599 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4599

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 15, 2019
                               ___________

Introduced  by  Sens.  PARKER, BAILEY, HOYLMAN, MONTGOMERY -- 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 creating a chemi-
  cal dependence treatment bill of rights

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (c) of section 22.03 of the mental hygiene law,
as added by chapter 558 of the laws of 1999, is amended and a new subdi-
vision (d) is added to read as follows:
  (c)  The  director  of  every chemical dependence program, service, or
treatment facility shall post copies of [a notice] THE CHEMICAL  DEPEND-
ENCE  TREATMENT  BILL OF RIGHTS in a form and manner to be determined by
the commissioner, at places throughout the  facility  or  program  where
such  [notice]  BILL  OF  RIGHTS shall be conspicuous and visible to all
patients[, stating]. THE CHEMICAL DEPENDENCE TREATMENT  BILL  OF  RIGHTS
SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, the following:
  1.  [a  general  statement of the rights of patients under the various
admission or retention provisions of this article; and
  2. the right of the patient to  communicate  with  the  director,  the
board  of  visitors, if any, and the commissioner] EVERY PATIENT HAS THE
RIGHT TO PARTICIPATE IN DEVELOPING AN INDIVIDUALIZED PLAN  OF  TREATMENT
AND  TO  REQUEST A REVIEW OF HIS OR HER TREATMENT PLAN BY ANOTHER CLINI-
CIAN;
  2. EVERY PATIENT HAS THE RIGHT TO RECEIVE AN EXPLANATION  OF  SERVICES
IN ACCORDANCE WITH HIS OR HER TREATMENT PLAN;
  3.  EVERY  PATIENT SHALL HAVE THE RIGHT TO BE FULLY INFORMED OF HIS OR
HER PROPOSED TREATMENT, INCLUDING POSSIBLE ADVERSE EFFECTS;
  4. EVERY PATIENT HAS THE RIGHT TO OBJECT  TO  OR  TERMINATE  TREATMENT
UNLESS OTHERWISE DIRECTED PURSUANT TO COURT ORDER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06700-01-9

S. 4599                             2

  5.  EVERY  PATIENT HAS THE RIGHT TO PRIVACY IN TREATMENT AND IN CARING
FOR PERSONAL NEEDS, TO HAVE CONFIDENTIALITY IN THE TREATMENT OF PERSONAL
AND MEDICAL RECORDS, AND TO HAVE SECURITY IN STORING POSSESSIONS;
  6.  EVERY PATIENT HAS THE RIGHT TO HAVE ACCESS TO HIS OR HER TREATMENT
RECORDS;
  7. EVERY PATIENT  HAS  THE  RIGHT  TO  RECEIVE  COURTEOUS,  FAIR,  AND
RESPECTFUL TREATMENT THAT IS APPROPRIATE TO HIS OR HER INDIVIDUAL NEEDS;
  8. EVERY PATIENT SHALL BE TREATED IN A MANNER THAT IS FREE FROM ABUSE,
DISCRIMINATION, MISTREATMENT, AND EXPLOITATION;
  9.  EVERY PATIENT'S CIVIL AND RELIGIOUS LIBERTIES, INCLUDING THE RIGHT
TO INDEPENDENT PERSONAL DECISIONS AND KNOWLEDGE  OF  AVAILABLE  CHOICES,
SHALL NOT BE INFRINGED AND FACILITY OR PROGRAM STAFF SHALL ENCOURAGE AND
ASSIST IN THE FULLEST EXERCISE OF THESE RIGHTS; AND
  10.  EVERY  PATIENT  SHALL  BE  FREE  TO  REPORT  GRIEVANCES REGARDING
SERVICES OR STAFF TO A SUPERVISOR, DIRECTOR, THE BOARD OF  VISITORS,  OR
THE COMMISSIONER.
  (D) EVERY CHEMICAL DEPENDENCE PROGRAM, SERVICE, OR FACILITY SHALL GIVE
A  COPY  OF  THE  CHEMICAL  DEPENDENCE  TREATMENT BILL OF RIGHTS TO EACH
PATIENT AT OR PRIOR TO THE TIME OF ADMISSION, OR TO THE APPOINTED REPRE-
SENTATIVE AT THE TIME OF APPOINTMENT AND TO EACH MEMBER OF THE STAFF  AT
THE PROGRAM, SERVICE, OR FACILITY.
  § 2. 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 and directed  to
be made and completed on or before such effective date.

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The New York State Senate

senate Bill S4599

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Feb 4, 2020 - floor Vote

Floor Vote: Feb 4, 2020

Jan 13, 2020 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: Jan 13, 2020

Jun 12, 2019 - floor Vote

Floor Vote: Jun 12, 2019

May 30, 2019 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: May 30, 2019

Co-Sponsors

S4599 (ACTIVE) - Details

S4599 (ACTIVE) - Summary

S4599 (ACTIVE) - Sponsor Memo

S4599 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4599

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 4, 2020 - floor Vote

Floor Vote: Feb 4, 2020

Jan 13, 2020 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: Jan 13, 2020

Jun 12, 2019 - floor Vote

Floor Vote: Jun 12, 2019

May 30, 2019 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: May 30, 2019

Co-Sponsors

S4599 (ACTIVE) - Details

S4599 (ACTIVE) - Summary

S4599 (ACTIVE) - Sponsor Memo

S4599 (ACTIVE) - Bill Text download pdf

Comments