S4447-2011 Actions

• May 21, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO ALCOHOLISM AND DRUG ABUSE
• May 9, 2011: REPORTED AND COMMITTED TO FINANCE
• Apr 6, 2011: REFERRED TO ALCOHOLISM AND DRUG ABUSE

S4447-2011 Meetings

S4447-2011 Votes

S4447-2011 Memo

BILL NUMBER:S4447

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to creating a chemical
dependence treatment bill of rights

PURPOSE OR GENERAL IDEA OF BILL:

To ensure that patients of chemical dependence treatment facilities
are accorded appropriate rights

SUMMARY OF SPECIFIC PROVISIONS:

The mental hygiene law is amended by adding a new subdivision (d) to
section 22.03, containing a list of rights which patients of chemical
dependence treatment patient is entitled to.

JUSTIFICATION:

It is essential that a stigmatized group such as persons suffering
from chemical dependency be entitled to the same type of rights and
protections that are afforded to persons seeking other forms of
medical care. Clearly enumerating the rights that persons in
treatment are entitled to will help to provide essential protections
to a vulnerable population.

PRIOR LEGISLATIVE HISTORY:
2005-06: A.9766A - Passed Assembly
2007-08: A.10699 - Referred to Alcoholism and Drug Abuse
2009-10: A.8075  - Referred to Alcoholism and Drug Abuse

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law, provided however that
effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and
completed on or before such effective date.

S4447-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4447
 2011-2012 Regular Sessions
 I N  SENATE
 April 6, 2011
 
 Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Alcoholism and Drug Abuse
 

AN ACT to amend the mental hygiene law, in relation to creating a chemi
 cal dependence 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 program, service, or
 treatment facility shall post copies of [a notice] THE CHEMICAL  DEPEND
 ENCE  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 CHEMICAL DEPENDENCE 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;
 4. EVERY PATIENT HAS THE RIGHT TO OBJECT  TO  OR  TERMINATE  TREATMENT
 UNLESS OTHERWISE DIRECTED PURSUANT TO COURT ORDER;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03921-01-1
 
       S. 4447                             2
 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 CHEMICAL DEPENDENCE PROGRAM, SERVICE, OR FACILITY SHALL GIVE
 A  COPY  OF  THE  CHEMICAL  DEPENDENCE  TREATMENT BILL OF RIGHTS TO EACH
 PATIENT AT OR PRIOR TO THE TIME OF ADMISSION, OR TO THE APPOINTED REPRE
 SENTATIVE AT THE TIME OF APPOINTMENT AND TO EACH MEMBER OF THE STAFF  AT
 THE PROGRAM, SERVICE, OR FACILITY.
 

S 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.

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