Senate Bill S5358

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5358
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Use Disorders
 
 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
              

 S. 5358                             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.