S T A T E O F N E W Y O R K
________________________________________________________________________
3608
2021-2022 Regular Sessions
I N A S S E M B L Y
January 28, 2021
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Alcoholism and Drug Abuse
AN ACT to amend the public health law and the mental hygiene law, in
relation to the standard of care in the treatment of substance abuse
disorder
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (b) and (c) of subdivision 2 of section 2803-u
of the public health law, as added by section 1 of part C of chapter 70
of the laws of 2016, are amended to read as follows:
(b) establish and implement training, within existing or in addition
to current training programs, for all individuals licensed or certified
pursuant to title eight of the education law who provide direct patient
care regarding the policies and procedures established pursuant to this
section; [and]
(c) except where an individual has come into the hospital under
section 22.09 of the mental hygiene law, if the hospital does not
directly provide substance use disorder services, then it shall refer
individuals in need of substance use disorder services to and coordinate
with substance use disorder services programs that provide behavioral
health services, as defined in section 1.03 of the mental hygiene law;
AND
(D) ESTABLISH WITHIN EXISTING OR IN ADDITION TO CURRENT POLICIES OR
PROCEDURES, THAT THE STANDARD OF CARE IN THE TREATMENT OF INDIVIDUALS
WITH A SUBSTANCE ABUSE DISORDER SHALL, AT A MINIMUM, BE HELD TO THE SAME
STANDARD OF CARE AS MEDICATION ASSISTED TREATMENT. FOR PURPOSES OF THIS
SUBDIVISION "MEDICATION ASSISTED TREATMENT" MEANS THE USE OF PRESCRIBED
MEDICATIONS INCLUDING, BUT NOT LIMITED TO, METHADONE, BUPRENORPHINE AND
NALTREXONE, COMBINED WITH COUNSELING AND BEHAVIORAL THERAPIES, AS A
COMPREHENSIVE APPROACH TO THE TREATMENT OF OPIOID ADDICTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00929-01-1
A. 3608 2
§ 2. Section 29.13 of the mental hygiene law is amended by adding a
new subdivision (c) to read as follows:
(C) ANY PLAN WRITTEN PURSUANT TO THIS SECTION THAT APPLIES TO
SUBSTANCE ABUSE FACILITIES SHALL INCLUDE A DESIGNATION THAT THE STANDARD
OF CARE, IN THE TREATMENT OF INDIVIDUALS WITH A SUBSTANCE ABUSE DISOR-
DER, BE HELD TO THE SAME STANDARD OF CARE AS MEDICATION ASSISTED TREAT-
MENT. FOR PURPOSES OF THIS SUBDIVISION "MEDICATION ASSISTED TREATMENT"
MEANS THE USE OF PRESCRIBED MEDICATIONS INCLUDING, BUT NOT LIMITED TO,
METHADONE, BUPRENORPHINE AND NALTREXONE, COMBINED WITH COUNSELING AND
BEHAVIORAL THERAPIES, AS A COMPREHENSIVE APPROACH TO THE TREATMENT OF
OPIOID ADDICTION.
§ 3. This act shall take effect immediately.