NY State Senate Bill S5054

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 15, 2022	referred to alcoholism and drug abuse delivered to assembly passed senate
Jan 26, 2022	advanced to third reading
Jan 25, 2022	2nd report cal.
Jan 24, 2022	1st report cal.310
Jan 05, 2022	referred to alcoholism and substance abuse returned to senate died in assembly
May 19, 2021	referred to alcoholism and drug abuse delivered to assembly passed senate
May 12, 2021	advanced to third reading
May 11, 2021	2nd report cal.
May 10, 2021	1st report cal.935
Feb 22, 2021	referred to alcoholism and substance abuse

Votes

view votes

Feb 15, 2022 - floor Vote

S5054

floor

Aye

Nay

Absent

Excused

Abstained

Jan 24, 2022 - Alcoholism and Substance Use Disorders committee Vote

S5054

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 19, 2021 - floor Vote

S5054

floor

Aye

Nay

Absent

Excused

Abstained

May 10, 2021 - Alcoholism and Substance Use Disorders committee Vote

S5054

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5054 (ACTIVE) - Details

See Assembly Version of this Bill:: A7530
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
2019-2020: S4599, A3119
2023-2024: S6009, A915

S5054 (ACTIVE) - Summary

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

S5054 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5054

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to creating a chemi-
cal 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 persons suffering from chemical dependency be enti-
tled 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 entitled to will help to provide
essential protections to a vulnerable population.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: S.4599 - Passed Senate

2017-18: S.3408 - 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.

S5054 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5054
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY, HOYLMAN, KAPLAN -- 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.
                                                            LBD09248-01-1

 S. 5054                             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 to be  made  and
 completed on or before such effective date.

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The New York State Senate

senate Bill S5054

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

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Votes

Feb 15, 2022 - floor Vote

Floor Vote: Feb 15, 2022

Jan 24, 2022 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: Jan 24, 2022

May 19, 2021 - floor Vote

Floor Vote: May 19, 2021

May 10, 2021 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: May 10, 2021

Co-Sponsors

S5054 (ACTIVE) - Details

S5054 (ACTIVE) - Summary

S5054 (ACTIVE) - Sponsor Memo

S5054 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5054

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Sponsored By

Kevin S. Parker

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 15, 2022 - floor Vote

Floor Vote: Feb 15, 2022

Jan 24, 2022 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: Jan 24, 2022

May 19, 2021 - floor Vote

Floor Vote: May 19, 2021

May 10, 2021 - Alcoholism and Substance Use Disorders committee Vote

Alcoholism and Substance Use Disorders Committee Vote: May 10, 2021

Co-Sponsors

Jamaal T. Bailey

Brad Hoylman-Sigal

Anna M. Kaplan

John W. Mannion

S5054 (ACTIVE) - Details

S5054 (ACTIVE) - Summary

S5054 (ACTIVE) - Sponsor Memo

S5054 (ACTIVE) - Bill Text download pdf

Comments