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

Sponsored By

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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Votes

Bill Amendments

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

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

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.

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

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

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.

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

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

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

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