S T A T E O F N E W Y O R K
________________________________________________________________________
5485
2023-2024 Regular Sessions
I N S E N A T E
March 6, 2023
___________
Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
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 479 of the laws of 2022, 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 devel-
opmental disability of a parent, or when it orders a hearing to deter-
mine whether consent to the adoption of a child shall be required of a
parent who is alleged to be mentally ill or developmentally disabled, 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 revocation is opposed or in any adoption or custody proceeding
if it determines 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
financially unable to obtain counsel. Upon an appeal taken from an order
entered in any such proceeding, the appellate court may assign counsel
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00243-01-3
S. 5485 2
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
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 CONSE-
QUENCES THAT MIGHT RESULT.
(A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM "PSYCHOACTIVE OR
ADDICTIVE SUBSTANCE" SHALL INCLUDE, WITHOUT LIMITATION, THE MEANINGS OF
S. 5485 3
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:
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
S. 5485 4
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:
§ 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
S. 5485 5
concerned with their treatment will make use of the aforementioned
treatment facilities;
§ 13. This act shall take effect immediately.
