Assembly Bill A4440

2023-2024 Legislative Session

Requires mental health evaluations for participants in substance use disorder treatment programs

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A4440 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §19.09, Ment Hyg L
Versions Introduced in 2021-2022 Legislative Session:
A9097

2023-A4440 (ACTIVE) - Summary

Requires the commissioner of the office of addiction services and supports to require mental health evaluations for participants in substance use disorder treatment programs and to promulgate rules and regulations to effectuate such requirement.

2023-A4440 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4440
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Alcoholism and Drug Abuse
 
 AN ACT to amend the mental hygiene law, in relation to requiring  mental
   health  evaluations  for participants in substance use disorder treat-
   ment programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  19.09  of  the  mental hygiene law is amended by
 adding a new subdivision (m) to read as follows:
   (M)(1) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
 COMMISSIONER  SHALL  REQUIRE ALL CERTIFIED SUBSTANCE USE DISORDER TREAT-
 MENT-RELATED PROGRAMS APPROVED BY THE OFFICE TO PROVIDE PROGRAM  PARTIC-
 IPANTS  WITH  A MENTAL HEALTH EVALUATION CONDUCTED BY A LICENSED PROFES-
 SIONAL WHOSE SCOPE OF PRACTICE INCLUDES THE DIAGNOSIS OF  MENTAL  HEALTH
 DISORDERS  WHO  SHALL,  IF APPROPRIATE, REFER THE PARTICIPANT FOR OUTPA-
 TIENT MENTAL HEALTH TREATMENT. TRANSPORTATION SERVICES  TO  SUCH  OUTPA-
 TIENT TREATMENT SHALL BE PROVIDED TO A PARTICIPANT.
   (2)  THE OFFICE SHALL ESTABLISH A BUREAU OF QUALIFIED LICENSED PROVID-
 ERS FOR ALL LICENSED PROFESSIONALS AS DEFINED IN PARAGRAPH ONE  OF  THIS
 SUBDIVISION  WHO SHALL PROVIDE SUCH EVALUATION PURSUANT TO THIS SUBDIVI-
 SION.
   (3) AS AN ALTERNATIVE TO THE  PROVISIONS  OF  PARAGRAPH  ONE  OF  THIS
 SUBDIVISION,  PROGRAMS  CERTIFIED  BY THE OFFICE   MAY CHOOSE TO UTILIZE
 THEIR OWN EMPLOYEES OR INDEPENDENT CONTRACTORS TO PROVIDE BOTH THE EVAL-
 UATION REFERRED TO IN PARAGRAPH ONE OF THIS SUBDIVISION AND  THE  TREAT-
 MENT  OF  PERSONS WITH CO-OCCURRING DISORDERS.  NOTWITHSTANDING ANY LAW,
 RULE, OR REGULATION TO THE CONTRARY, THE COMMISSIONER IS  AUTHORIZED  TO
 CERTIFY SUCH PROGRAMS FOR THE OUTPATIENT TREATMENT OF PATIENTS DIAGNOSED
 WITH  CO-OCCURRING  DISORDERS  PROVIDED  IN  OASAS-CERTIFIED FACILITIES,
 PROVIDED THAT SUCH  PROGRAMS  SHALL  USE  ONLY  PROVIDERS  OF  THE  TYPE
 DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06661-01-3

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