S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5054
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY, HOYLMAN, KAPLAN -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Alcoholism and Substance 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.
                                                            LBD09248-01-1
              

 S. 5054                             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.
   § 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.