The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    915
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
   Committee on Alcoholism and Drug 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.
                                                            LBD00191-01-3
 A. 915                              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.