BILL NUMBER: S7928

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to authorizing
certain providers of services to administer and dispense methadone or
other controlled substances

 
PURPOSE:

To require methadone clinics to establish community advisory boards in
order to receive operation certificates from the commissioner of the
department of mental hygiene.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section nine of article thirty-two of the mental
hygiene law to require that applicants for operating certificates issued
by the commissioner to authorize the administration and dispensing of
methadone or other controlled substances must establish or take concrete
steps to establish a community advisory board to receive such certif-
              

icates.

Section two amends section thirty-one of article thirty-two of the
mental hygiene law to prohibit the commissioner from approving certif-
icates of incorporation or articles of organization for methadone clin-
ics unless the clinics have established or taken concrete steps to
establish a community advisory board.

Section three is the effective date.

 
JUSTIFICATION:

There are over 70 opioid treatment programs in New York City alone.
These clinics are a crucial part of our city's health services infras-
tructure serving the nearly 30,000 people across the city that receive
methadone treatments each year. In 2016, almost half of those treatment
programs were located in Manhattan.

Articles 19 and 32 of New York's Mental Hygiene Law vest the Office of
Addiction Services and Supports with the authority to regulate and issue
operating certificates to providers administering methadone and other
controlled substance as part of an addiction treatment program.  In
issuing these certificates, OASAS considers the public need for such
services, "taking into consideration local, regional and statewide
need," the capacity and fitness for the applicant to administer such
services, and the character and competence of the facility operator. As
the opioid crisis wages on, it is more important than ever that
addiction treatment facilities engage local community members when
establishing new clinics and maintaining existing clinics.

This bill would require that methadone and other controlled substance
clinics establish, or take concrete steps to establish, a community
advisory board in order to receive an operating certificate from OASAS.
This will encourage collaboration and conversation between service
providers and the local communities in which they reside to meet the
needs of New Yorkers during this public health crisis.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect 90 days after it shall have become law.