S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5485--A
     Cal. No. 647
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed  to  the Committee on Judiciary -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading

 AN ACT to amend the judiciary law, the mental hygiene  law,  the  public
   health  law,  the county law, and the general city law, in relation to
   replacing the words addict and addicts  with  the  words  person  with
   substance use disorder or variation thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
 law, as amended by chapter 479 of the laws of 2022, is amended  to  read
 as follows:
   a. When a court orders a hearing in a proceeding upon a writ of habeas
 corpus  to inquire into the cause of detention of a person in custody in
 a state institution, or when it orders a hearing in a  civil  proceeding
 to  commit  or transfer a person to or retain him in a state institution
 when such person is alleged to be mentally ill, mentally defective or  a
 [narcotic  addict] PERSON WITH SUBSTANCE USE DISORDER, or when it orders
 a hearing for the commitment of the guardianship and custody of a  child
 to an authorized agency by reason of the mental illness or developmental
 disability of a parent, or when it orders a hearing to determine whether
 consent  to the adoption of a child shall be required of a parent who is
 alleged to be mentally ill  or  developmentally  disabled,  or  when  it
 orders  a  hearing  to  determine the best interests of a child when the
 parent of the child revokes a consent to the adoption of such child  and
 such  revocation  is opposed or in any adoption or custody proceeding if
 it determines that assignment of counsel in such cases  is  mandated  by
 the  constitution  of  this state or of the United States, the court may
 assign counsel to represent such person if it is satisfied  that  he  is
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00243-02-3
 S. 5485--A                          2
 
 financially unable to obtain counsel. Upon an appeal taken from an order
 entered  in  any such proceeding, the appellate court may assign counsel
 to represent such person upon the appeal if it is satisfied that  he  is
 financially unable to obtain counsel.
   §  2.  Subdivision 4 of section 35 of the judiciary law, as amended by
 chapter 706 of the laws of 1975 and as renumbered by chapter 315 of  the
 laws of 1985, is amended to read as follows:
   4.  In any proceeding described in paragraph (a) of subdivision one of
 this section, when a person is alleged  to  be  mentally  ill,  mentally
 defective or a [narcotic addict] PERSON WITH SUBSTANCE USE DISORDER, the
 court  which  ordered  the hearing may appoint no more than two psychia-
 trists, certified psychologists or physicians to examine and testify  at
 the  hearing upon the condition of such person. A psychiatrist, psychol-
 ogist or physician so appointed shall, upon completion of his  services,
 receive  reimbursement  for  expenses reasonably incurred and reasonable
 compensation for such services, to be fixed by the court.  Such  compen-
 sation  shall  not  exceed  two  hundred  dollars  if  one psychiatrist,
 psychologist or physician is appointed, or an  aggregate  sum  of  three
 hundred  dollars  if  two psychiatrists, psychologists or physicians are
 appointed, except that in  extraordinary  circumstances  the  court  may
 provide for compensation in excess of the foregoing limits.
   §  3.  Paragraph (i) of subdivision (b) of section 32.05 of the mental
 hygiene law, as amended by section 3 of part Z of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (i) Methadone, or such other controlled substance  designated  by  the
 commissioner  of health as appropriate for such use, may be administered
 to [an addict] A PERSON WITH  SUBSTANCE  USE  DISORDER,  as  defined  in
 section thirty-three hundred two of the public health law, by individual
 physicians,  groups  of physicians and public or private medical facili-
 ties certified pursuant to article twenty-eight or thirty-three  of  the
 public  health  law  as  part of a chemical dependence program which has
 been issued an operating certificate by  the  commissioner  pursuant  to
 subdivision  (b)  of  section  32.09 of this article, provided, however,
 that such administration must be done in accordance with all  applicable
 federal  and state laws and regulations. Individual physicians or groups
 of physicians who have obtained authorization from the  federal  govern-
 ment  to administer buprenorphine to [addicts] PEOPLE WITH SUBSTANCE USE
 DISORDER may do so without obtaining an operating certificate  from  the
 commissioner.
   §  4.  Paragraph  5  of subdivision (b) of section 32.09 of the mental
 hygiene law, as added by chapter 558 of the laws of 1999, is amended  to
 read as follows:
   5.  the applicant will establish procedures to effectively implement a
 detoxification  program  to  further  relieve  [addicts]   PEOPLE   WITH
 SUBSTANCE  USE  DISORDER  from  dependence  upon methadone or such other
 controlled substances prescribed for treatment  in  subject  maintenance
 programs.
   §  5.  Subdivision  1  of  section  3302  of the public health law, as
 amended by chapter 92 of the  laws  of  2021,  is  amended  to  read  as
 follows:
   1.  ["Addict"] "PERSON WITH SUBSTANCE USE DISORDER" means a person who
 habitually uses a controlled substance for a non-legitimate or  unlawful
 use, and who by reason of such use is dependent thereon.
   §  6. Subdivision 1 of section 3331 of the public health law, as added
 by chapter 878 of the laws of 1972, is amended to read as follows:
 S. 5485--A                          3

   1. Except as provided in titles III or V of this article, no substance
 in schedules II, III, IV, or V may be prescribed  for  or  dispensed  or
 administered  to  [an  addict]  A  PERSON WITH SUBSTANCE USE DISORDER or
 habitual user.
   §  7.  The title heading of title V of article 33 of the public health
 law, as added by chapter 878 of the laws of 1972, is amended to read  as
 follows:
 
            DISPENSING TO [ADDICTS] PERSONS WITH SUBSTANCE USE
                        DISORDER AND HABITUAL USERS
 
   § 8. Section 3350 of the public health law, as added by chapter 878 of
 the laws of 1972, is amended to read as follows:
   §  3350.  Dispensing  prohibition.    Controlled substances may not be
 prescribed for, or administered or dispensed to [addicts]  PERSONS  WITH
 SUBSTANCE  USE  DISORDER  or  habitual  users  of controlled substances,
 except as provided by this title or title III.
   § 9. Section 3351 of the public health law, as added by chapter 878 of
 the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
 1999, is amended to read as follows:
   § 3351. Dispensing for medical use.  1. Controlled substances  may  be
 prescribed  for,  or  administered  or dispensed to [an addict] A PERSON
 WITH SUBSTANCE USE DISORDER or habitual user:
   (a) during emergency medical treatment unrelated to use of  controlled
 substances;
   (b)  who  is a bona fide patient suffering from an incurable and fatal
 disease such as cancer or advanced tuberculosis;
   (c) who is aged, infirm, or suffering from serious injury  or  illness
 and the withdrawal from controlled substances would endanger the life or
 impede or inhibit the recovery of such person.
   2.  Controlled  substances  may  be  ordered  for use by [an addict] A
 PERSON WITH SUBSTANCE USE DISORDER or habitual user  by  a  practitioner
 and  administered by a practitioner or registered nurse to relieve acute
 withdrawal symptoms.
   3. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as appropriate for such use, may be ordered for use of [an
 addict] A PERSON WITH SUBSTANCE  USE  DISORDER  by  a  practitioner  and
 dispensed  or  administered by a practitioner or his designated agent as
 interim treatment for [an addict] A PERSON WITH SUBSTANCE  USE  DISORDER
 on a waiting list for admission to an authorized maintenance program.
   4.  Methadone,  or  such  other controlled substance designated by the
 commissioner as appropriate for such use, may  be  administered  to  [an
 addict] A PERSON WITH SUBSTANCE USE DISORDER by a practitioner or by his
 designated agent acting under the direction and supervision of a practi-
 tioner,  as part of a regime designed and intended to withdraw a patient
 from addiction to controlled substances.
   5. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as  appropriate  for  such use, may be administered to [an
 addict] A PERSON WITH SUBSTANCE USE DISORDER by a practitioner or by his
 designated agent acting under the direction and supervision of a practi-
 tioner, as part of  a  substance  [abuse]  USE  or  chemical  dependence
 program approved pursuant to article [twenty-three or] thirty-two of the
 mental hygiene law.
   § 10. Section 3372 of the public health law, as amended by chapter 195
 of the laws of 1973, is amended to read as follows:
 S. 5485--A                          4
 
   § 3372. Practitioner patient reporting.  It shall be the duty of every
 attending  practitioner  and  every  consulting  practitioner  to report
 promptly to the commissioner, or his duly  designated  agent,  the  name
 and, if possible, the address of, and such other data as may be required
 by  the  commissioner  with respect to, any person under treatment if he
 finds that such person is [an addict] A PERSON WITH SUBSTANCE USE DISOR-
 DER or a habitual user of any narcotic drug. Such report shall  be  kept
 confidential  and  may be utilized only for statistical, epidemiological
 or research purposes, except that those reports which originate  in  the
 course  of  a  criminal proceeding other than under section 81.25 of the
 mental hygiene law shall be subject only to the confidentiality require-
 ments of section thirty-three hundred seventy-one of this article.
   § 11. Subdivisions 2 and 3 of section 396-h  of  the  county  law,  as
 added  by  chapter  818  of  the  laws  of  1971, are amended to read as
 follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons  [addicted  to the use of drugs and drug abusers] WITH SUBSTANCE
 USE DISORDERS. Such facilities shall include, but shall not  be  limited
 to:
   a. detoxification centers and clinics for the out-patient treatment of
 [drug abusers and addicts] PERSONS WITH SUBSTANCE USE DISORDERS;
   b.  a  treatment  center where [drug abusers and addicts] PERSONS WITH
 SUBSTANCE USE DISORDERS may obtain professional counseling  from  physi-
 cians,  psychologists,  psychiatrists  and  where possible, [former drug
 abusers and addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
   c. half-way houses to provide continuing treatment for  [drug  abusers
 and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
   3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
 PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies  concerned
 with  their  treatment  will  make  use  of the aforementioned treatment
 facilities;
   § 12. Subdivisions 2 and 3 of section 121 of the general city law,  as
 added  by  chapter  820  of  the  laws  of  1971, are amended to read as
 follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons  [addicted  to the use of drugs and drug abusers] WITH SUBSTANCE
 USE DISORDERS. Such facilities shall include, but shall not  be  limited
 to:
   a. detoxification centers and clinics for the out-patient treatment of
 [drug abusers and addicts] PERSONS WITH SUBSTANCE USE DISORDERS;
   b.  a  treatment  center  where  [addicts]  PERSONS WITH SUBSTANCE USE
 DISORDERS may obtain professional counseling from  physicians,  psychol-
 ogists,  psychiatrists  and  where  possible,  [former  drug abusers and
 addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
   c. half-way houses to provide continuing treatment for  [drug  abusers
 and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
   3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
 PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies  concerned
 with  their  treatment  will  make  use  of the aforementioned treatment
 facilities;
   § 13. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5485--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be  committed  to  the Committee on Judiciary -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading -- recommitted to the  Commit-
   tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the judiciary law, the mental hygiene law, the public
   health law, the county law, and the general city law, in  relation  to
   replacing  the  words  addict  and  addicts with the words person with
   substance use disorder or variation thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
 law,  as  amended by chapter 479 of the laws of 2022, is amended to read
 as follows:
   a. When a court orders a hearing in a proceeding upon a writ of habeas
 corpus to inquire into the cause of detention of a person in custody  in
 a  state  institution, or when it orders a hearing in a civil proceeding
 to commit or transfer a person to or retain him in a  state  institution
 when  such person is alleged to be mentally ill, mentally defective or a
 [narcotic addict] PERSON WITH SUBSTANCE USE DISORDER, or when it  orders
 a  hearing for the commitment of the guardianship and custody of a child
 to an authorized agency by reason of the mental illness or developmental
 disability of a parent, or when it orders a hearing to determine whether
 consent to the adoption of a child shall be required of a parent who  is
 alleged  to  be  mentally  ill  or  developmentally disabled, or when it
 orders a hearing to determine the best interests of  a  child  when  the
 parent  of the child revokes a consent to the adoption of such child and
 such revocation is opposed or in any adoption or custody  proceeding  if
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00243-05-4
              

 S. 5485--B                          2
 
 it  determines  that  assignment of counsel in such cases is mandated by
 the constitution of this state or of the United States,  the  court  may
 assign  counsel  to  represent such person if it is satisfied that he is
 financially unable to obtain counsel. Upon an appeal taken from an order
 entered  in  any such proceeding, the appellate court may assign counsel
 to represent such person upon the appeal if it is satisfied that  he  is
 financially unable to obtain counsel.
   §  2.  Subdivision 4 of section 35 of the judiciary law, as amended by
 section 3 of part GG of chapter 56 of the laws of 2023,  is  amended  to
 read as follows:
   4.  In  any  proceeding described in paragraph a of subdivision one of
 this section, when a person is alleged  to  be  mentally  ill,  mentally
 defective or a [narcotic addict] PERSON WITH SUBSTANCE USE DISORDER, the
 court  which  ordered  the hearing may appoint no more than two psychia-
 trists, certified psychologists or physicians to examine and testify  at
 the  hearing upon the condition of such person. A psychiatrist, psychol-
 ogist  or  physician  so  appointed  shall,  upon  completion  of  their
 services,  receive  reimbursement  for  expenses reasonably incurred and
 reasonable compensation for such services, to be  fixed  by  the  court.
 Such  compensation  shall not exceed three thousand dollars, except that
 in extraordinary circumstances the court may provide for compensation in
 excess of the foregoing limits.
   § 3. Paragraph (i) of subdivision (b) of section 32.05 of  the  mental
 hygiene law, as amended by section 3 of part Z of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (i)  Methadone,  or  such other controlled substance designated by the
 commissioner of health as appropriate for such use, may be  administered
 to  [an  addict]  A  PERSON  WITH  SUBSTANCE USE DISORDER, as defined in
 section thirty-three hundred two of the public health law, by individual
 physicians, groups of physicians and public or private  medical  facili-
 ties  certified  pursuant to article twenty-eight or thirty-three of the
 public health law as part of a chemical  dependence  program  which  has
 been  issued  an  operating  certificate by the commissioner pursuant to
 subdivision (b) of section 32.09 of  this  article,  provided,  however,
 that  such administration must be done in accordance with all applicable
 federal and state laws and regulations. Individual physicians or  groups
 of  physicians  who have obtained authorization from the federal govern-
 ment to administer buprenorphine to [addicts] PEOPLE WITH SUBSTANCE  USE
 DISORDER  may  do so without obtaining an operating certificate from the
 commissioner.
   § 4. Paragraph 5 of subdivision (b) of section  32.09  of  the  mental
 hygiene  law, as added by chapter 558 of the laws of 1999, is amended to
 read as follows:
   5. the applicant will establish procedures to effectively implement  a
 detoxification   program   to  further  relieve  [addicts]  PEOPLE  WITH
 SUBSTANCE USE DISORDER from dependence  upon  methadone  or  such  other
 controlled  substances  prescribed  for treatment in subject maintenance
 programs.
   § 5. Subdivision 1 of section  3302  of  the  public  health  law,  as
 amended  by  chapter  92  of  the  laws  of  2021, is amended to read as
 follows:
   1. ["Addict"] "PERSON WITH SUBSTANCE USE DISORDER" means a person  who
 habitually  uses a controlled substance for a non-legitimate or unlawful
 use, and who by reason of such use is dependent thereon.
   § 6. Subdivision 1 of section 3331 of the public health law, as  added
 by chapter 878 of the laws of 1972, is amended to read as follows:
 S. 5485--B                          3

   1. Except as provided in titles III or V of this article, no substance
 in  schedules  II,  III,  IV, or V may be prescribed for or dispensed or
 administered to [an addict] A PERSON  WITH  SUBSTANCE  USE  DISORDER  or
 habitual user.
   §  7.  The title heading of title V of article 33 of the public health
 law, as added by chapter 878 of the laws of 1972, is amended to read  as
 follows:
 
            DISPENSING TO [ADDICTS] PERSONS WITH SUBSTANCE USE
                        DISORDER AND HABITUAL USERS
 
   § 8. Section 3350 of the public health law, as added by chapter 878 of
 the laws of 1972, is amended to read as follows:
   §  3350.  Dispensing  prohibition.    Controlled substances may not be
 prescribed for, or administered or dispensed to [addicts]  PERSONS  WITH
 SUBSTANCE  USE  DISORDER  or  habitual  users  of controlled substances,
 except as provided by this title or title III.
   § 9. Section 3351 of the public health law, as added by chapter 878 of
 the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
 1999, is amended to read as follows:
   § 3351. Dispensing for medical use.  1. Controlled substances  may  be
 prescribed  for,  or  administered  or dispensed to [an addict] A PERSON
 WITH SUBSTANCE USE DISORDER or habitual user:
   (a) during emergency medical treatment unrelated to use of  controlled
 substances;
   (b)  who  is a bona fide patient suffering from an incurable and fatal
 disease such as cancer or advanced tuberculosis;
   (c) who is aged, infirm, or suffering from serious injury  or  illness
 and the withdrawal from controlled substances would endanger the life or
 impede or inhibit the recovery of such person.
   2.  Controlled  substances  may  be  ordered  for use by [an addict] A
 PERSON WITH SUBSTANCE USE DISORDER or habitual user  by  a  practitioner
 and  administered by a practitioner or registered nurse to relieve acute
 withdrawal symptoms.
   3. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as appropriate for such use, may be ordered for use of [an
 addict] A PERSON WITH SUBSTANCE  USE  DISORDER  by  a  practitioner  and
 dispensed  or  administered by a practitioner or his designated agent as
 interim treatment for [an addict] A PERSON WITH SUBSTANCE  USE  DISORDER
 on a waiting list for admission to an authorized maintenance program.
   4.  Methadone,  or  such  other controlled substance designated by the
 commissioner as appropriate for such use, may  be  administered  to  [an
 addict] A PERSON WITH SUBSTANCE USE DISORDER by a practitioner or by his
 designated agent acting under the direction and supervision of a practi-
 tioner,  as part of a regime designed and intended to withdraw a patient
 from addiction to controlled substances.
   5. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as  appropriate  for  such use, may be administered to [an
 addict] A PERSON WITH SUBSTANCE USE DISORDER by a practitioner or by his
 designated agent acting under the direction and supervision of a practi-
 tioner, as part of  a  substance  [abuse]  USE  or  chemical  dependence
 program approved pursuant to article [twenty-three or] thirty-two of the
 mental hygiene law.
   § 10. Section 3372 of the public health law, as amended by chapter 195
 of the laws of 1973, is amended to read as follows:
 S. 5485--B                          4
 
   § 3372. Practitioner patient reporting.  It shall be the duty of every
 attending  practitioner  and  every  consulting  practitioner  to report
 promptly to the commissioner, or his duly  designated  agent,  the  name
 and, if possible, the address of, and such other data as may be required
 by  the  commissioner  with respect to, any person under treatment if he
 finds that such person is [an addict] A PERSON WITH SUBSTANCE USE DISOR-
 DER or a habitual user of any narcotic drug. Such report shall  be  kept
 confidential  and  may be utilized only for statistical, epidemiological
 or research purposes, except that those reports which originate  in  the
 course  of  a  criminal proceeding other than under section 81.25 of the
 mental hygiene law shall be subject only to the confidentiality require-
 ments of section thirty-three hundred seventy-one of this article.
   § 11. Subdivisions 2 and 3 of section 396-h  of  the  county  law,  as
 added  by  chapter  818  of  the  laws  of  1971, are amended to read as
 follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons  [addicted  to the use of drugs and drug abusers] WITH SUBSTANCE
 USE DISORDERS. Such facilities shall include, but shall not  be  limited
 to:
   a. detoxification centers and clinics for the out-patient treatment of
 [drug abusers and addicts] PERSONS WITH SUBSTANCE USE DISORDERS;
   b.  a  treatment  center where [drug abusers and addicts] PERSONS WITH
 SUBSTANCE USE DISORDERS may obtain professional counseling  from  physi-
 cians,  psychologists,  psychiatrists  and  where possible, [former drug
 abusers and addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
   c. half-way houses to provide continuing treatment for  [drug  abusers
 and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
   3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
 PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies  concerned
 with  their  treatment  will  make  use  of the aforementioned treatment
 facilities;
   § 12. Subdivisions 2 and 3 of section 121 of the general city law,  as
 added  by  chapter  820  of  the  laws  of  1971, are amended to read as
 follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons  [addicted  to the use of drugs and drug abusers] WITH SUBSTANCE
 USE DISORDERS. Such facilities shall include, but shall not  be  limited
 to:
   a. detoxification centers and clinics for the out-patient treatment of
 [drug abusers and addicts] PERSONS WITH SUBSTANCE USE DISORDERS;
   b.  a  treatment  center  where  [addicts]  PERSONS WITH SUBSTANCE USE
 DISORDERS may obtain professional counseling from  physicians,  psychol-
 ogists,  psychiatrists  and  where  possible,  [former  drug abusers and
 addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
   c. half-way houses to provide continuing treatment for  [drug  abusers
 and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
   3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
 PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies  concerned
 with  their  treatment  will  make  use  of the aforementioned treatment
 facilities;
   § 13. This act shall take effect immediately.