NY State Senate Bill 2023-S5358

Senate Bill S5358

2023-2024 Legislative Session

Relates to the office of addiction services and supports and tobacco-limited and tobacco-free facilities for treatment

download bill text pdf

Current Bill Status - In Senate Committee Alcoholism And Substance Use Disorders 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to alcoholism and substance use disorders
Mar 02, 2023	referred to alcoholism and substance use disorders

co-Sponsors

2023-S5358 (ACTIVE) - Details

See Assembly Version of this Bill:: A778
Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §19.21, Ment Hyg L
Versions Introduced in 2021-2022 Legislative Session:: S7351, A8444

2023-S5358 (ACTIVE) - Summary

Relates to the office of addiction services and supports and tobacco-limited and tobacco-free facilities for treatment.

2023-S5358 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5358

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to the office of
addiction services and supports and tobacco-limited and tobacco-free
facilities for treatment

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to the office of addiction services and supports and tobacco
free facilities for treatment

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision (b) of section 19.21 of the mental hygiene
law to provide that such standards shall not require any chemical
dependence facility to be a tobacco-free environment.

Section 2 sets the effective date.

 
JUSTIFICATION:

SAMSHA defines recovery as a process of change through which individuals
improve their health and wellness, live a self-directed life, and strive
to reach their full potential. Currently, OASAS requires treatment
facilities to be tobacco-free. While we understand the health risks
associated with tobacco use, we need to do more to support individuals
attempting to tackle the addiction that is wreaking havoc on their life.

In an effort to appreciate the enormity of an individual making the
decision to make such a drastic change, we need to foster policies that
create a non-punitive environment for other addictions an individual may
be suffering with while in treatment settings. By removing the require-
ment of OASAS certified providers to be tobacco-free, we are removing a
barrier to treatment for many individuals. This change will encourage
those using tobacco and suffering from substance use disorder to seek
treatment for their immediately life threatening substance use.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S7351 / A8444

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately

2023-S5358 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5358
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Alcoholism and Substance
   Use Disorders
 
 AN ACT to amend the mental hygiene law, in relation  to  the  office  of
   addiction  services  and supports and tobacco-limited and tobacco-free
   facilities for treatment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (b) of section 19.21 of the mental hygiene law,
 as  separately  amended  by chapters 558 and 596 of the laws of 1999, is
 amended to read as follows:
   (b) The office shall redefine and develop, establish, promulgate,  and
 enforce  certification,  inspection,  licensing, and treatment standards
 for chemical dependence facilities and staff, which shall be applied  in
 addition  to any other standards for any other services provided by such
 facilities, and which shall be applicable to any facility  providing  or
 purporting  to  provide  as  part  or  all of a program of services, any
 services for the alleviation of the conditions  of  alcoholism,  alcohol
 abuse,  substance abuse, substance dependence, chemical abuse, or chemi-
 cal dependence.
   (1) SUCH STANDARDS SHALL NOT PROHIBIT ANY CHEMICAL DEPENDENCE FACILITY
 FROM CHOOSING TO BE A TOBACCO-LIMITED  ENVIRONMENT;  PROVIDED,  HOWEVER,
 THIS  PROHIBITION  SHALL NOT APPLY TO PREVENTION, TREATMENT, OR RECOVERY
 SERVICES FOR CHILDREN, YOUTH AND/OR  YOUNG  ADULTS,  WHICH  MUST  REMAIN
 TOBACCO-FREE.
   (I)  "TOBACCO-LIMITED"  MEANS  PROHIBITING  THE  USE  OF  ALL  TOBACCO
 PRODUCTS AND NICOTINE DELIVERY SYSTEMS IN FACILITIES AND VEHICLES  OWNED
 OR  OPERATED  BY  THE  OFFICE, WHILE ALLOWING FOR LIMITED USE OF CERTAIN
 TOBACCO PRODUCTS BY PATIENTS IN DESIGNATED AREAS ON FACILITY GROUNDS  AT
 DESIGNATED  TIMES,  IN  ACCORDANCE WITH RULES, REGULATIONS, AND GUIDANCE
 ISSUED BY THE OFFICE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00202-01-3

 S. 5358                             2
 
   (II) "TOBACCO-FREE" MEANS PROHIBITING THE USE OF ALL TOBACCO  PRODUCTS
 IN  FACILITIES,  ON  GROUNDS,  AND  IN VEHICLES OWNED OR OPERATED BY THE
 OFFICE.
   (2)  Where  appropriate,  such standards shall provide for priority of
 admission for persons whose children have been placed in foster care  or
 are in jeopardy of being so placed pursuant to article ten of the family
 court act or article six of the social services law.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5358

Share this bill

Sponsored By

Nathalia Fernandez