S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8896
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced by M. of A. GALLAGHER, SIMON -- read once and referred to the
   Committee on Alcoholism and Drug Abuse
 
 AN  ACT  to  amend the judiciary law, the mental hygiene law, the public
   health law, the county law, and the general city law, in  relation  to
   replacing  the  words  addict  and  addicts with the words person with
   substance abuse disorder or variation thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
 law,  as  amended by chapter 817 of the laws of 1986, is amended to read
 as follows:
   a. When a court orders a hearing in a proceeding upon a writ of habeas
 corpus to inquire into the cause of detention of a person in custody  in
 a  state  institution, or when it orders a hearing in a civil proceeding
 to commit or transfer a person to or retain him in a  state  institution
 when  such person is alleged to be mentally ill, mentally defective or a
 [narcotic addict] PERSON WITH  SUBSTANCE  ABUSE  DISORDER,  or  when  it
 orders a hearing for the commitment of the guardianship and custody of a
 child  to an authorized agency by reason of the mental illness or mental
 retardation of a parent, or when it orders a hearing to determine wheth-
 er consent to the adoption of a child shall be required of a parent  who
 is  alleged to be mentally ill or mentally retarded, or when it orders a
 hearing to determine the best interests of a child when  the  parent  of
 the child revokes a consent to the adoption of such child and such revo-
 cation  is opposed or in any adoption or custody proceeding if it deter-
 mines that assignment of counsel  in  such  cases  is  mandated  by  the
 constitution of this state or of the United States, the court may assign
 counsel  to  represent  such person if it is satisfied that he is finan-
 cially unable to obtain counsel. Upon an  appeal  taken  from  an  order
 entered  in  any such proceeding, the appellate court may assign counsel
 to represent such person upon the appeal if it is satisfied that  he  is
 financially unable to obtain counsel.
   §  2.  Subdivision 4 of section 35 of the judiciary law, as amended by
 chapter 706 of the laws of 1975 and as renumbered by chapter 315 of  the
 laws of 1985, is amended to read as follows:
   4.  In any proceeding described in paragraph (a) of subdivision one of
 this section, when a person is alleged  to  be  mentally  ill,  mentally
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13799-02-2
 A. 8896                             2
 
 defective  or  a [narcotic addict] PERSON WITH SUBSTANCE ABUSE DISORDER,
 the court which ordered the hearing may appoint no more than two psychi-
 atrists, certified psychologists or physicians to examine and testify at
 the  hearing upon the condition of such person. A psychiatrist, psychol-
 ogist or physician so appointed shall, upon completion of his  services,
 receive  reimbursement  for  expenses reasonably incurred and reasonable
 compensation for such services, to be fixed by the court.  Such  compen-
 sation  shall  not  exceed  two  hundred  dollars  if  one psychiatrist,
 psychologist or physician is appointed, or an  aggregate  sum  of  three
 hundred  dollars  if  two psychiatrists, psychologists or physicians are
 appointed, except that in  extraordinary  circumstances  the  court  may
 provide for compensation in excess of the foregoing limits.
   §  3.  Paragraph (i) of subdivision (b) of section 32.05 of the mental
 hygiene law, as amended by section 3 of part Z of chapter 57 of the laws
 of 2019, is amended to read as follows:
   (i) Methadone, or such other controlled substance  designated  by  the
 commissioner  of health as appropriate for such use, may be administered
 to [an addict] A PERSON WITH SUBSTANCE ABUSE  DISORDER,  as  defined  in
 section thirty-three hundred two of the public health law, by individual
 physicians,  groups  of physicians and public or private medical facili-
 ties certified pursuant to article twenty-eight or thirty-three  of  the
 public  health  law  as  part of a chemical dependence program which has
 been issued an operating certificate by  the  commissioner  pursuant  to
 subdivision  (b)  of  section  32.09 of this article, provided, however,
 that such administration must be done in accordance with all  applicable
 federal  and state laws and regulations. Individual physicians or groups
 of physicians who have obtained authorization from the  federal  govern-
 ment  to  administer  buprenorphine  to  [addicts] PEOPLE WITH SUBSTANCE
 ABUSE DISORDER may do so without obtaining an operating certificate from
 the commissioner.
   § 4. Paragraph 5 of subdivision (b) of section  32.09  of  the  mental
 hygiene  law, as added by chapter 558 of the laws of 1999, is amended to
 read as follows:
   5. the applicant will establish procedures to effectively implement  a
 detoxification   program   to  further  relieve  [addicts]  PEOPLE  WITH
 SUBSTANCE ABUSE DISORDER from dependence upon methadone  or  such  other
 controlled  substances  prescribed  for treatment in subject maintenance
 programs.
   § 5. Subdivision 1 of section  3302  of  the  public  health  law,  as
 amended  by  chapter  92  of  the  laws  of  2021, is amended to read as
 follows:
   1. ["Addict"]"PERSON WITH SUBSTANCE ABUSE DISORDER" means a person who
 habitually uses a [controlled substance for a non-legitimate or unlawful
 use] PSYCHOACTIVE OR ADDICTIVE SUBSTANCE, and who by reason of such  use
 is dependent thereon, IN SPITE OF PREDICTABLE NEGATIVE CONSEQUENCES THAT
 MIGHT RESULT.
   (A)  FOR  THE  PURPOSES OF THIS SUBDIVISION, THE TERM "PSYCHOACTIVE OR
 ADDICTIVE SUBSTANCE" SHALL INCLUDE, WITHOUT LIMITATION, THE MEANINGS  OF
 THE  TERMS  "NARCOTIC DRUG", "DRUG", AND "CONTROLLED SUBSTANCE" AS THOSE
 TERMS ARE DEFINED IN THIS SECTION.
   (B)  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM  "SUBSTANCE  ABUSE
 DISORDER"  SHALL  MEAN  THE  HABITUAL USE OF A PSYCHOACTIVE OR ADDICTIVE
 SUBSTANCE, CAUSING DEPENDENCE THEREON, IN SPITE OF PREDICTABLE  NEGATIVE
 CONSEQUENCES THAT MIGHT RESULT.
   §  6. Subdivision 1 of section 3331 of the public health law, as added
 by chapter 878 of the laws of 1972, is amended to read as follows:
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   1. Except as provided in titles III or V of this article, no substance
 in schedules II, III, IV, or V may be prescribed  for  or  dispensed  or
 administered  to  [an  addict] A PERSON WITH SUBSTANCE ABUSE DISORDER or
 habitual user.
   §  7.  The title heading of title V of article 33 of the public health
 law, as added by chapter 878 of the laws of 1972, is amended to read  as
 follows:
 
           DISPENSING TO [ADDICTS] PERSONS WITH SUBSTANCE ABUSE
                        DISORDER AND HABITUAL USERS
 
   § 8. Section 3350 of the public health law, as added by chapter 878 of
 the laws of 1972, is amended to read as follows:
   §  3350.  Dispensing  prohibition.    Controlled substances may not be
 prescribed for, or administered or dispensed to [addicts]  PERSONS  WITH
 SUBSTANCE  ABUSE  DISORDER  or  habitual users of controlled substances,
 except as provided by this title or title III.
   § 9. Section 3351 of the public health law, as added by chapter 878 of
 the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
 1999, is amended to read as follows:
   § 3351. Dispensing for medical use.  1. Controlled substances  may  be
 prescribed  for,  or  administered  or dispensed to [an addict] A PERSON
 WITH SUBSTANCE ABUSE DISORDER or habitual user:
   (a)  during  emergency  medical  treatment  unrelated  to   abuse   of
 controlled substances;
   (b)  who  is a bona fide patient suffering from an incurable and fatal
 disease such as cancer or advanced tuberculosis;
   (c) who is aged, infirm, or suffering from serious injury  or  illness
 and the withdrawal from controlled substances would endanger the life or
 impede or inhibit the recovery of such person.
   2.  Controlled  substances  may  be  ordered  for use by [an addict] A
 PERSON WITH SUBSTANCE ABUSE DISORDER or habitual user by a  practitioner
 and  administered by a practitioner or registered nurse to relieve acute
 withdrawal symptoms.
   3. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as appropriate for such use, may be ordered for use of [an
 addict] A PERSON WITH SUBSTANCE ABUSE DISORDER  by  a  practitioner  and
 dispensed  or  administered by a practitioner or his designated agent as
 interim treatment for [an addict] A PERSON WITH SUBSTANCE ABUSE DISORDER
 on a waiting list for admission to an authorized maintenance program.
   4. Methadone, or such other controlled  substance  designated  by  the
 commissioner  as  appropriate  for  such use, may be administered to [an
 addict] A PERSON WITH SUBSTANCE ABUSE DISORDER by a practitioner  or  by
 his  designated  agent  acting  under the direction and supervision of a
 practitioner, as part of a regime designed and intended  to  withdraw  a
 patient from addiction to controlled substances.
   5.  Methadone,  or  such  other controlled substance designated by the
 commissioner as appropriate for such use, may  be  administered  to  [an
 addict]  A  PERSON WITH SUBSTANCE ABUSE DISORDER by a practitioner or by
 his designated agent acting under the direction  and  supervision  of  a
 practitioner,  as  part  of  a  substance  abuse  or chemical dependence
 program approved pursuant to article twenty-three or thirty-two  of  the
 mental hygiene law.
   § 10. Section 3372 of the public health law, as amended by chapter 195
 of the laws of 1973, is amended to read as follows:
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   § 3372. Practitioner patient reporting.  It shall be the duty of every
 attending  practitioner  and  every  consulting  practitioner  to report
 promptly to the commissioner, or his duly  designated  agent,  the  name
 and, if possible, the address of, and such other data as may be required
 by  the  commissioner  with respect to, any person under treatment if he
 finds that such person is [an addict]  A  PERSON  WITH  SUBSTANCE  ABUSE
 DISORDER  or  a habitual user of any narcotic drug. Such report shall be
 kept confidential and may be utilized only for statistical, epidemiolog-
 ical or research purposes, except that those reports which originate  in
 the  course  of  a criminal proceeding other than under section 81.25 of
 the mental hygiene law shall be  subject  only  to  the  confidentiality
 requirements  of  section thirty-three hundred seventy-one of this arti-
 cle.
   § 11. Subdivisions 2 and 3 of section 396-h  of  the  county  law,  as
 added  by  chapter  818  of  the  laws  of  1971, are amended to read as
 follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons  [addicted  to the use of drugs and drug abusers] WITH SUBSTANCE
 ABUSE DISORDERS. Such facilities shall include, but shall not be limited
 to:
   a. detoxification centers and clinics for the out-patient treatment of
 [drug abusers and addicts] PERSONS WITH SUBSTANCE ABUSE DISORDERS;
   b. a treatment center where [drug abusers and  addicts]  PERSONS  WITH
 SUBSTANCE ABUSE DISORDERS may obtain professional counseling from physi-
 cians,  psychologists,  psychiatrists  and  where possible, [former drug
 abusers and addicts] OTHER PERSONS WITH SUBSTANCE ABUSE DISORDERS;
   c. half-way houses to provide continuing treatment for  [drug  abusers
 and addicts] PERSONS WITH SUBSTANCE ABUSE DISORDERS.
   3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
 PERSONS  WITH  SUBSTANCE  ABUSE  DISORDERS  and  persons  and   agencies
 concerned  with  their  treatment  will  make  use of the aforementioned
 treatment facilities;
   § 12. Subdivisions 2 and 3 of section 121 of the general city law,  as
 added  by  chapter  820  of  the  laws  of  1971, are amended to read as
 follows:
   2. To establish in-patient and out-patient  treatment  facilities  for
 persons  [addicted  to the use of drugs and drug abusers] WITH SUBSTANCE
 ABUSE DISORDERS. Such facilities shall include, but shall not be limited
 to:
   a. detoxification centers and clinics for the out-patient treatment of
 [drug abusers and addicts] PERSONS WITH SUBSTANCE ABUSE DISORDERS;
   b. a treatment center where [addicts]  PERSONS  WITH  SUBSTANCE  ABUSE
 DISORDERS  may  obtain professional counseling from physicians, psychol-
 ogists, psychiatrists and  where  possible,  [former  drug  abusers  and
 addicts] OTHER PERSONS WITH SUBSTANCE ABUSE DISORDERS;
   c.  half-way  houses to provide continuing treatment for [drug abusers
 and addicts] PERSONS WITH SUBSTANCE ABUSE DISORDERS.
   3. To create  a  referral  program  whereby  [drug  abusers,  addicts]
 PERSONS   WITH  SUBSTANCE  ABUSE  DISORDERS  and  persons  and  agencies
 concerned with their treatment  will  make  use  of  the  aforementioned
 treatment facilities;
   § 13. This act shall take effect immediately.