S T A T E O F N E W Y O R K
________________________________________________________________________
7347
2019-2020 Regular Sessions
I N A S S E M B L Y
April 25, 2019
___________
Introduced by M. of A. L. ROSENTHAL -- (at request of the Office of
Alcoholism and Substance Abuse Services) -- read once and referred to
the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to definitions
related to addiction disorders, to change the name of the office of
alcoholism and substance abuse services, and the scope of responsibil-
ities of such office; and to repeal certain provisions of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 3 and 4 of section 1.03 of the mental
hygiene law, subdivision 2 as amended by chapter 168 of the laws of 2010
and subdivisions 3 and 4 as amended by section 4 of part MM of chapter
58 of the laws of 2015, are amended to read as follows:
2. "Commissioner" means the commissioner of mental health, the commis-
sioner of developmental disabilities and the commissioner of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS as used in
this chapter. Any power or duty heretofore assigned to the commissioner
of mental hygiene or to the department of mental hygiene pursuant to
this chapter shall hereafter be assigned to the commissioner of mental
health in the case of facilities, programs, or services for individuals
with mental illness, to the commissioner of developmental disabilities
in the case of facilities, programs, or services for individuals with
developmental disabilities, to the commissioner of [alcoholism and
substance abuse services] ADDICTION SERVICES AND SUPPORTS in the case of
facilities, programs, or ADDICTION DISORDER services [for alcoholism,
alcohol abuse, substance abuse, substance dependence, and chemical
dependence] in accordance with the provisions of titles D and E of this
chapter.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09086-01-9
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3. "Mental disability" means mental illness, intellectual disability,
developmental disability, [alcoholism, substance dependence, or chemical
dependence] OR AN ADDICTIVE DISORDER AS DEFINED IN THIS SECTION.
4. "Services for persons with a mental disability" means examination,
diagnosis, care, treatment, rehabilitation, supports, habilitation or
training [of the mentally disabled] OR AS MAY BE MORE SPECIFICALLY
DEFINED IN THIS SECTION.
§ 2. Subdivision 12 of section 1.03 of the mental hygiene law is
REPEALED and a new subdivision 12 is added to read as follows:
12. "ADDICTIVE DISORDER" OR "ADDICTION DISORDER" FOR PURPOSES OF THIS
CHAPTER MEANS SUBSTANCE USE DISORDER OR GAMBLING DISORDER AS SUCH TERMS
ARE DEFINED IN THIS SECTION AND DERIVED FROM THE MOST RECENT EDITION OF
THE DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS (DSM),
PUBLISHED BY THE AMERICAN PSYCHIATRIC ASSOCIATION.
§ 3. Subdivisions 13, 14, 15, 16, 18, 25, 29, 40, 41, 43, 44, 45 and
57 of section 1.03 of the mental hygiene law are REPEALED.
§ 4. Subdivision 17 of section 1.03 of the mental hygiene law, as
amended by chapter 223 of the laws of 1992, is amended to read as
follows:
17. "ADDICTION TREATMENT FACILITY" OR "Alcoholism facility" means an
in-patient, RESIDENTIAL OR OUTPATIENT facility in the department [desig-
nated by the commissioner of alcoholism and substance abuse services as]
suitable for the [care and treatment of alcoholics or an in-patient
facility which has been approved by such commissioner as suitable for
the care and treatment of] PROVISION OF ADDICTION DISORDER SERVICES TO
persons suffering from [alcoholism] AN ADDICTIVE DISORDER and which has
been issued an operating certificate [by such commissioner] PURSUANT TO
ARTICLE THIRTY-TWO OF THIS CHAPTER.
§ 5. Subdivision 19 of section 1.03 of the mental hygiene law, as
added by chapter 978 of the laws of 1977, is amended to read as follows:
19. "Significant other" means a relative, close friend, associate or
individual otherwise concerned with the welfare of a person suffering
from [alcohol and/or substance abuse] AN ADDICTIVE DISORDER when that
individual is directly affected by the person's [alcoholism and/or
substance abuse] ADDICTIVE DISORDER.
§ 6. Subdivisions 38 and 39 of section 1.03 of the mental hygiene law,
subdivision 38 as amended by chapter 223 of the laws of 1992 and subdi-
vision 39 as added by chapter 819 of the laws of 1992, are amended to
read as follows:
38. "RESIDENTIAL SERVICES FACILITY" OR "Alcoholism community resi-
dence" means any facility licensed or operated [by the office of alco-
holism and substance abuse services] PURSUANT TO ARTICLE THIRTY-TWO OF
THIS CHAPTER which provides [a supervised residence for persons suffer-
ing from alcoholism or alcohol abuse] RESIDENTIAL SERVICES FOR THE
TREATMENT OF AN ADDICTION DISORDER and a homelike environment, including
room, board and responsible supervision [for the rehabilitation of such
persons] as part of an overall service delivery system.
39. "Employee assistance program" means a confidential program
designed to assist employees and their families, through identification,
motivation referral, and follow-up, with problems that may interfere
with the employees' ability to perform on the job effectively, effi-
ciently and safely. Such problems include [alcohol and substance abuse
problems] ADDICTIVE DISORDERS, emotional, marital, family, and other
personal problems.
§ 7. Subdivision 42 of section 1.03 of the mental hygiene law, as
added by chapter 223 of the laws of 1992, is amended to read as follows:
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42. "SUBSTANCE USE DISORDER PROGRAM" OR "Substance abuse program"
shall mean any public or private person, corporation, partnership, agen-
cy, either profit or non-profit, or state or municipal government which
provides [substance abuse] SUBSTANCE USE DISORDER services, in either a
residential or ambulatory setting, to persons [who are substance abus-
ers, substance dependent,] in need of services [to avoid becoming
substance abusers, substance dependent or to significant others] FOR THE
PREVENTION OF, OR TREATMENT AND RECOVERY FROM A SUBSTANCE USE DISORDER.
Any person or entity providing such services as a minor part of a gener-
al health or counseling unit subject to regulations promulgated by the
commissioner and other appropriate agencies shall not be considered a
substance [abuse] USE DISORDER program.
§ 8. Subdivisions 54, 55, 56 and 58 of section 1.03 of the mental
hygiene law, subdivision 54 as added by chapter 83 of the laws of 1995,
subdivision 55 as added by chapter 558 of the laws of 1999 and subdivi-
sions 56 and 58 as added by section 1 of part N of chapter 56 of the
laws of 2012, are amended to read as follows:
54. ["Compulsive gambling] "GAMBLING DISORDER" means an [impulse
control disorder] ADDICTIVE DISORDER, as defined by the most recent
edition of the diagnostic and statistical manual of mental disorders
(DSM), published by the American Psychiatric Association, CHARACTERIZED
BY REPEATED PROBLEMATIC GAMBLING BEHAVIOR WHICH CAUSES SIGNIFICANT PROB-
LEMS OR DISTRESS. UNLESS OTHERWISE PROVIDED, FOR THE PURPOSES OF THIS
CHAPTER, THE TERM GAMBLING DISORDER SHALL MEAN AND INCLUDE COMPULSIVE
GAMBLING, PATHOLOGICAL GAMBLING OR PROBLEM GAMBLING.
55. ["Chemical dependence] "ADDICTION DISORDER services" OR "ADDICTION
SERVICES" shall mean ENGAGEMENT TO TREATMENT, examination, evaluation,
diagnosis, care, treatment, rehabilitation, [or] RELAPSE PREVENTION AND
RECOVERY MAINTENANCE, AND RELATED EDUCATION AND training of persons
suffering from [alcohol and/or substance abuse and/or dependence] OR
RECOVERING FROM AN ADDICTIVE DISORDER and THEIR significant others.
Unless otherwise provided, for the purposes of this chapter, the term
ADDICTION DISORDER SERVICES SHALL MEAN AND INCLUDE "chemical dependence
services," [shall mean and include] alcoholism and/or substance abuse
services, SUBSTANCE USE DISORDER SERVICES, SUBSTANCE DEPENDENCE, AND
GAMBLING DISORDER SERVICES.
56. "Substance use disorder" means [the misuse of, dependence on, or
addiction to alcohol and/or legal or illegal drugs leading to effects
that are detrimental] RECURRENT USE OF ALCOHOL AND/OR LEGAL OR ILLEGAL
DRUGS CAUSING CLINICAL AND FUNCTIONALLY SIGNIFICANT IMPAIRMENT to the
individual's physical and mental health, or the welfare of others [and
shall include]. UNLESS OTHERWISE PROVIDED, FOR THE PURPOSES OF THIS
CHAPTER THE TERM SUBSTANCE USE DISORDER SHALL MEAN AND INCLUDE alcohol-
ism, alcohol abuse, DRUG ABUSE, substance abuse, substance dependence,
chemical abuse, and/or chemical dependence.
58. "Behavioral health services" means examination, diagnosis, care,
treatment, rehabilitation, or training for persons with mental illness,
[substance use disorder, or compulsive gambling disorder] OR ADDICTIVE
DISORDERS.
§ 9. Section 1.03 of the mental hygiene law is amended by adding a new
subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING ANY OTHER SECTION OF LAW OR REGULATION, ON AND
AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, ANY AND ALL REFERENCES TO
THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES AND THE PREDECES-
SOR AGENCIES TO THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES
INCLUDING THE DIVISION OF ALCOHOLISM AND ALCOHOL ABUSE AND THE DIVISION
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OF SUBSTANCE ABUSE SERVICES, SHALL BE KNOWN AS THE "OFFICE OF ADDICTION
SERVICES AND SUPPORTS." NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED
AS REQUIRING OR PROHIBITING THE FURTHER AMENDMENT OF STATUTES OR REGU-
LATIONS TO CONFORM TO THE PROVISIONS OF THIS SUBDIVISION.
§ 10. Section 5.01 of the mental hygiene law, as amended by chapter
168 of the laws of 2010, is amended to read as follows:
§ 5.01 Department of mental hygiene.
There shall continue to be in the state government a department of
mental hygiene. Within the department there shall be the following
autonomous offices:
(1) office of mental health;
(2) office for people with developmental disabilities;
(3) office of [alcoholism and substance abuse] ADDICTION SERVICES AND
SUPPORTS.
§ 11. Section 5.03 of the mental hygiene law, as amended by chapter
168 of the laws of 2010, is amended to read as follows:
§ 5.03 Commissioners.
The head of the office of mental health shall be the commissioner of
mental health; the head of the office for people with developmental
disabilities shall be the commissioner of developmental disabilities;
and the head of the office of [alcoholism and substance abuse services]
ADDICTION SERVICES AND SUPPORTS shall be the commissioner of [alcoholism
and substance abuse services] ADDICTION SERVICES AND SUPPORTS. Each
commissioner shall be appointed by the governor, by and with the advice
and consent of the senate, to serve at the pleasure of the governor.
§ 12. Subdivisions (b) and (c) of section 19.07 of the mental hygiene
law, subdivision (b) as amended by chapter 271 of the laws of 2010 and
subdivision (c) as added by chapter 223 of the laws of 1992, are amended
to read as follows:
(b) The office of alcoholism and substance abuse services shall advise
and assist the governor in improving services and developing policies
designed to meet the needs of persons who [abuse or are dependent on
alcohol and/or substances] SUFFER FROM AN ADDICTIVE DISORDER and their
families, and to encourage their rehabilitation, maintenance of recov-
ery, and functioning in society.
(c) The office of alcoholism and substance abuse services shall have
the responsibility for seeing that persons who [abuse or are dependent
on alcohol and/or substances] SUFFER FROM AN ADDICTIVE DISORDER and
their families are provided with ADDICTION SERVICES, care and treatment,
AND that such SERVICES, care, treatment and rehabilitation is of high
quality and effectiveness, and that the personal and civil rights of
persons SEEKING AND receiving ADDICTION SERVICES, care, treatment and
rehabilitation are adequately protected.
§ 13. This act shall take effect immediately.