S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6009--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER,  HOYLMAN-SIGAL, MANNION -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Alcoholism and Substance Use Disorders -- recommitted to the Committee
   on  Alcoholism  and  Substance Abuse 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  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.
                                                            LBD00191-03-4
              

 S. 6009--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.