S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3608
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Alcoholism and Drug Abuse
 
 AN ACT to amend the public health law and the  mental  hygiene  law,  in
   relation  to  the standard of care in the treatment of substance abuse
   disorder
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs (b) and (c) of subdivision 2 of section 2803-u
 of the public health law, as added by section 1 of part C of chapter  70
 of the laws of 2016, are amended to read as follows:
   (b)  establish  and implement training, within existing or in addition
 to current training programs, for all individuals licensed or  certified
 pursuant  to title eight of the education law who provide direct patient
 care regarding the policies and procedures established pursuant to  this
 section; [and]
   (c)  except  where  an  individual  has  come  into the hospital under
 section 22.09 of the mental  hygiene  law,  if  the  hospital  does  not
 directly  provide  substance  use disorder services, then it shall refer
 individuals in need of substance use disorder services to and coordinate
 with substance use disorder services programs  that  provide  behavioral
 health  services,  as defined in section 1.03 of the mental hygiene law;
 AND
   (D) ESTABLISH WITHIN EXISTING OR IN ADDITION TO  CURRENT  POLICIES  OR
 PROCEDURES,  THAT  THE  STANDARD OF CARE IN THE TREATMENT OF INDIVIDUALS
 WITH A SUBSTANCE ABUSE DISORDER SHALL, AT A MINIMUM, BE HELD TO THE SAME
 STANDARD OF CARE AS MEDICATION ASSISTED TREATMENT. FOR PURPOSES OF  THIS
 SUBDIVISION  "MEDICATION ASSISTED TREATMENT" MEANS THE USE OF PRESCRIBED
 MEDICATIONS INCLUDING, BUT NOT LIMITED TO, METHADONE, BUPRENORPHINE  AND
 NALTREXONE,  COMBINED  WITH  COUNSELING  AND  BEHAVIORAL THERAPIES, AS A
 COMPREHENSIVE APPROACH TO THE TREATMENT OF OPIOID ADDICTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00929-01-1
              

 A. 3608                             2
 
   § 2. Section 29.13 of the mental hygiene law is amended  by  adding  a
 new subdivision (c) to read as follows:
   (C)  ANY  PLAN  WRITTEN  PURSUANT  TO  THIS  SECTION  THAT  APPLIES TO
 SUBSTANCE ABUSE FACILITIES SHALL INCLUDE A DESIGNATION THAT THE STANDARD
 OF CARE, IN THE TREATMENT OF INDIVIDUALS WITH A SUBSTANCE  ABUSE  DISOR-
 DER,  BE HELD TO THE SAME STANDARD OF CARE AS MEDICATION ASSISTED TREAT-
 MENT. FOR PURPOSES OF THIS SUBDIVISION "MEDICATION  ASSISTED  TREATMENT"
 MEANS  THE  USE OF PRESCRIBED MEDICATIONS INCLUDING, BUT NOT LIMITED TO,
 METHADONE, BUPRENORPHINE AND NALTREXONE, COMBINED  WITH  COUNSELING  AND
 BEHAVIORAL  THERAPIES,  AS  A COMPREHENSIVE APPROACH TO THE TREATMENT OF
 OPIOID ADDICTION.
   § 3. This act shall take effect immediately.