S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    778
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER, DICKENS, MAMDANI, SIMON, FORREST,
   STIRPE -- read once and referred to the Committee  on  Alcoholism  and
   Drug Abuse
 
 AN  ACT  to  amend  the mental hygiene law, in relation to the office of
   addiction services and supports and tobacco-limited  and  tobacco-free
   facilities for treatment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 19.21 of the mental hygiene law,
 as separately amended by chapters 558 and 596 of the laws  of  1999,  is
 amended to read as follows:
   (b)  The office shall redefine and develop, establish, promulgate, and
 enforce certification, inspection, licensing,  and  treatment  standards
 for  chemical dependence facilities and staff, which shall be applied in
 addition to any other standards for any other services provided by  such
 facilities,  and  which shall be applicable to any facility providing or
 purporting to provide as part or all  of  a  program  of  services,  any
 services  for  the  alleviation of the conditions of alcoholism, alcohol
 abuse, substance abuse, substance dependence, chemical abuse, or  chemi-
 cal dependence.
   (1) SUCH STANDARDS SHALL NOT PROHIBIT ANY CHEMICAL DEPENDENCE FACILITY
 FROM  CHOOSING  TO  BE A TOBACCO-LIMITED ENVIRONMENT; PROVIDED, HOWEVER,
 THIS PROHIBITION SHALL NOT APPLY TO PREVENTION, TREATMENT,  OR  RECOVERY
 SERVICES  FOR  CHILDREN,  YOUTH  AND/OR  YOUNG ADULTS, WHICH MUST REMAIN
 TOBACCO-FREE.
   (I)  "TOBACCO-LIMITED"  MEANS  PROHIBITING  THE  USE  OF  ALL  TOBACCO
 PRODUCTS  AND NICOTINE DELIVERY SYSTEMS IN FACILITIES AND VEHICLES OWNED
 OR OPERATED BY THE OFFICE, WHILE ALLOWING FOR  LIMITED  USE  OF  CERTAIN
 TOBACCO  PRODUCTS BY PATIENTS IN DESIGNATED AREAS ON FACILITY GROUNDS AT
 DESIGNATED TIMES, IN ACCORDANCE WITH RULES,  REGULATIONS,  AND  GUIDANCE
 ISSUED BY THE OFFICE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00202-01-3
              

 A. 778                              2
 
   (II)  "TOBACCO-FREE" MEANS PROHIBITING THE USE OF ALL TOBACCO PRODUCTS
 IN FACILITIES, ON GROUNDS, AND IN VEHICLES  OWNED  OR  OPERATED  BY  THE
 OFFICE.
   (2)  Where  appropriate,  such standards shall provide for priority of
 admission for persons whose children have been placed in foster care  or
 are in jeopardy of being so placed pursuant to article ten of the family
 court act or article six of the social services law.
   § 2. This act shall take effect immediately.