S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2398
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 16, 2025
                                ___________
 
 Introduced  by M. of A. GALLAGHER, ROSENTHAL, SIMON, STIRPE, K. BROWN --
   read once and referred to the Committee on Alcoholism and Drug Abuse
 
 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 use 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] A PERSON in a state
 institution when such person is alleged to  be  mentally  ill,  mentally
 defective  or a [narcotic addict] PERSON WITH SUBSTANCE USE 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 developmental disability of a parent, or  when  it  orders  a
 hearing to determine whether consent to the adoption of a child shall be
 required  of  a  parent  who  is  alleged to be mentally ill or develop-
 mentally 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 coun-
 sel  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] SUCH PERSON is financially unable to obtain
 counsel. Upon an appeal taken from an order entered in any such proceed-
 ing, the appellate court may assign counsel  to  represent  such  person
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00782-01-5
              

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 upon  the appeal if it is satisfied that [he] SUCH PERSON is financially
 unable to obtain counsel.
   §  2.  Subdivision 4 of section 35 of the judiciary law, as amended by
 section 3 of part GG of chapter 56 of the laws of 2023,  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 USE DISORDER, the
 court  which  ordered  the hearing may appoint no more than two psychia-
 trists, 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  their
 services,  receive  reimbursement  for  expenses reasonably incurred and
 reasonable compensation for such services, to be  fixed  by  the  court.
 Such  compensation  shall not exceed three thousand dollars, 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 USE 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  USE
 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 USE 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 USE DISORDER" means a person  who
 habitually  uses a controlled substance for a non-legitimate or unlawful
 use, and who by reason of such use is dependent thereon.
   § 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  USE  DISORDER  or
 habitual user.
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   §  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 USE
                        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  USE  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 USE 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 USE 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  USE  DISORDER  by  a  practitioner  and
 dispensed  or  administered  by a practitioner or [his] A PRACTITIONER'S
 designated agent as interim treatment for  [an  addict]  A  PERSON  WITH
 SUBSTANCE  USE 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 USE DISORDER by  a  practitioner  or  by
 [his]  A  PRACTITIONER'S 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
 addict] A PERSON WITH SUBSTANCE USE DISORDER by  a  practitioner  or  by
 [his]  A  PRACTITIONER'S designated agent acting under the direction and
 supervision of a practitioner, as part of a  substance  [abuse]  USE  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] THE COMMISSIONER'S duly desig-
 nated agent, the name and, if possible, the address of, and  such  other
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 data  as may be required by the commissioner with respect to, any person
 under treatment if [he] THE PRACTITIONER finds that such person  is  [an
 addict]  A  PERSON WITH SUBSTANCE USE DISORDER or a habitual user of any
 narcotic  drug.  Such  report  shall  be  kept  confidential  and may be
 utilized only for statistical,  epidemiological  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 article.
   § 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
 USE 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 USE DISORDERS;
   b.  a  treatment  center where [drug abusers and addicts] PERSONS WITH
 SUBSTANCE USE DISORDERS may obtain professional counseling  from  physi-
 cians,  psychologists,  psychiatrists  and  where possible, [former drug
 abusers and addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
   c. half-way houses to provide continuing treatment for  [drug  abusers
 and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
   3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
 PERSONS WITH SUBSTANCE USE 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
 USE 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 USE DISORDERS;
   b.  a  treatment  center  where  [addicts]  PERSONS WITH SUBSTANCE USE
 DISORDERS may obtain professional counseling from  physicians,  psychol-
 ogists,  psychiatrists  and  where  possible,  [former  drug abusers and
 addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
   c. half-way houses to provide continuing treatment for  [drug  abusers
 and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
   3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
 PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies  concerned
 with  their  treatment  will  make  use  of the aforementioned treatment
 facilities;
   § 13. This act shall take effect immediately.