STATE OF NEW YORK ________________________________________________________________________ 915--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Subdivision (c) of section 22.03 of the mental hygiene law, 2 as added by chapter 558 of the laws of 1999, is amended and a new subdi- 3 vision (d) is added to read as follows: 4 (c) The director of every [chemical dependence] substance use disorder 5 program, service, or treatment facility shall post copies of [a notice] 6 the substance use disorder treatment bill of rights in a form and manner 7 to be determined by the commissioner, at places throughout the facility 8 or program where such [notice] bill of rights shall be conspicuous and 9 visible to all patients[, stating]. The substance use disorder treatment 10 bill of rights shall include, but need not be limited to, the following: 11 1. [a general statement of the rights of patients under the various 12 admission or retention provisions of this article; and 13 2. the right of the patient to communicate with the director, the 14 board of visitors, if any, and the commissioner] Every patient has the 15 right to participate in developing an individualized plan of treatment 16 and to request a review of his or her treatment plan by another clini- 17 cian; 18 2. Every patient has the right to receive an explanation of services 19 in accordance with his or her treatment plan; 20 3. Every patient shall have the right to be fully informed of his or 21 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 1 4. Every patient has the right to object to or terminate treatment 2 unless otherwise directed pursuant to court order; 3 5. Every patient has the right to privacy in treatment and in caring 4 for personal needs, to have confidentiality in the treatment of personal 5 and medical records, and to have security in storing possessions; 6 6. Every patient has the right to have access to his or her treatment 7 records; 8 7. Every patient has the right to receive courteous, fair, and 9 respectful treatment that is appropriate to his or her individual needs; 10 8. Every patient shall be treated in a manner that is free from abuse, 11 discrimination, mistreatment, and exploitation; 12 9. Every patient's civil and religious liberties, including the right 13 to independent personal decisions and knowledge of available choices, 14 shall not be infringed and facility or program staff shall encourage and 15 assist in the fullest exercise of these rights; and 16 10. Every patient shall be free to report grievances regarding 17 services or staff to a supervisor, director, the board of visitors, or 18 the commissioner. 19 (d) Every substance use disorder program, service, or facility shall 20 give a copy of the substance use disorder treatment bill of rights to 21 each patient at or prior to the time of admission, or to the appointed 22 representative at the time of appointment and to each member of the 23 staff at the program, service, or facility. 24 § 2. This act shall take effect on the one hundred eightieth day after 25 it shall have become a law. Effective immediately, the addition, amend- 26 ment and/or repeal of any rule or regulation necessary for the implemen- 27 tation of this act on its effective date are authorized to be made and 28 completed on or before such effective date.