S T A T E O F N E W Y O R K
________________________________________________________________________
915--A
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 -- recommitted to the Committee
on Alcoholism and Drug Abuse in accordance with Assembly Rule 3, sec.
2 -- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to creating a
substance use disorder 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] SUBSTANCE USE DISORDER
program, service, or treatment facility shall post copies of [a notice]
THE SUBSTANCE USE DISORDER 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 SUBSTANCE USE DISORDER 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00191-02-4
A. 915--A 2
4. EVERY PATIENT HAS THE RIGHT TO OBJECT TO OR TERMINATE TREATMENT
UNLESS OTHERWISE DIRECTED PURSUANT TO COURT ORDER;
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 SUBSTANCE USE DISORDER PROGRAM, SERVICE, OR FACILITY SHALL
GIVE A COPY OF THE SUBSTANCE USE DISORDER TREATMENT BILL OF RIGHTS TO
EACH PATIENT AT OR PRIOR TO THE TIME OF ADMISSION, OR TO THE APPOINTED
REPRESENTATIVE 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.