senate Bill S4741A

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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Sponsored By

Current 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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

view votes

Apr 30, 2019 - Mental Health and Developmental Disabilities committee Vote

S4741A
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Apr 30, 2019

Apr 8, 2019 - Alcoholism and Substance Abuse committee Vote

S4741
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 8, 2019

Co-Sponsors

S4741 - Details

See Assembly Version of this Bill:
A8166
Law Section:
Mental Hygiene Law
Laws Affected:
Add §22.09-a, Ment Hyg L

S4741 - 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.

S4741 - Sponsor Memo

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.

Co-Sponsors

view additional co-sponsors

S4741A (ACTIVE) - Details

See Assembly Version of this Bill:
A8166
Law Section:
Mental Hygiene Law
Laws Affected:
Add §22.09-a, Ment Hyg L

S4741A (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.

S4741A (ACTIVE) - Sponsor Memo

S4741A (ACTIVE) - 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.

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