Assembly Bill A2300A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2300--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 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  THE PATIENT'S TREATMENT PLAN BY ANOTHER
 CLINICIAN;
   2. EVERY PATIENT HAS THE RIGHT TO RECEIVE AN EXPLANATION  OF  SERVICES
 IN ACCORDANCE WITH THE PATIENT'S TREATMENT PLAN;
   3.  EVERY  PATIENT  SHALL  HAVE  THE RIGHT TO BE FULLY INFORMED OF THE
 PATIENT'S PROPOSED TREATMENT, INCLUDING POSSIBLE ADVERSE EFFECTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00903-04-6
 A. 2300--A                          2
              

 
   4. EVERY PATIENT HAS THE RIGHT TO OBJECT  TO  OR  TERMINATE  TREATMENT
 UNLESS OTHERWISE DIRECTED PURSUANT TO COURT ORDER, AND CANNOT BE COERCED
 INTO TREATMENT;
   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 THE PATIENT'S  TREAT-
 MENT RECORDS;
   7.  EVERY  PATIENT  AND  PROVIDER SHALL TREAT EACH OTHER IN A MUTUALLY
 COURTEOUS AND FAIR WAY THAT IS APPROPRIATE TO THE  PATIENT'S  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.