NY State Senate Bill 2025-S5382

Senate Bill S5382

2025-2026 Legislative Session

Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals

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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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2025	referred to alcoholism and substance use disorders

co-Sponsors

2025-S5382 (ACTIVE) - Details

Current Committee:: Senate Alcoholism And Substance Use Disorders
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §32.29, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7349
2023-2024: S5970

2025-S5382 (ACTIVE) - Summary

Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals while bathing, sleeping, using restrooms and receiving individual counseling services, while also allowing for maximization of the use of such facility.

2025-S5382 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5382

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to the construction
of facilities for chemical dependence services that promote the privacy
of individuals

 
PURPOSE:

Relates to the construction of facilities for chemical dependence
services that promote the privacy of individuals

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision (b) of section 32.29 of the mental hygiene
law to provide that facilities receiving funding from the office of
addiction services and supports be designed and constructed in a manner
that promotes privacy while bathing, sleeping, using restrooms, and
receiving individual counseling services, while also allowing for maxim-
ization of the use of such facilities.  Subdivision 4 of Section 1

provides that the determinations regarding privacy considerations as
required under this subdivision shall only apply to new construction.
The failure to meet privacy considerations in existing construction
shall not impede the commissioner's approval of new construction.

Section 2 provides the effective date.

 
JUSTIFICATION:.:

When it comes to recovery, the atmosphere at a treatment facility and
the comfort of its accommodations can be as important as psychosocial
therapies. Substance use treatment often involves medical treatment that
may have unpleasant physical effects. The facilities which offer treat-
ment should, at minimum, provide privacy to those seeking treatment
while bathing, sleeping, using restrooms, and receiving individual coun-
seling services. Quality accommodations and amenities can motivate indi-
viduals to stay in treatment, allow them to maintain their dignity, and
experience the full benefits of therapy.

 
LEGISLATIVE HISTORY:

2023-2024: S5970 - Passed Senate

2021-2022: S7349A/A8386A - Vetoed by Governor

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5382 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5382
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced by Sens. HARCKHAM, ROLISON -- 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  construction
   of facilities for chemical dependence services that promote the priva-
   cy of individuals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision (b) of  section  32.29
 of  the mental hygiene law, as added by chapter 558 of the laws of 1999,
 is amended and a new paragraph 4 is added to read as follows:
   The construction of a facility shall require  the  prior  approval  of
 such  commissioner if the provider of services seeking to engage in such
 construction  receives  funding  from  the  office  of  [alcoholism  and
 substance  abuse] ADDICTION services AND SUPPORTS pursuant to this chap-
 ter and/or seeks a funding source for such  construction  project  other
 than  from the mental health services facilities improvement program, or
 its successor agency, directly or indirectly through a  closely  related
 entity;  PROVIDED,  HOWEVER,  THAT SUCH FACILITIES SHALL BE DESIGNED AND
 CONSTRUCTED IN A MANNER THAT PROMOTES PRIVACY WHILE  BATHING,  SLEEPING,
 USING RESTROOMS AND RECEIVING INDIVIDUAL COUNSELING SERVICES, WHILE ALSO
 ALLOWING FOR MAXIMIZATION OF THE USE OF SUCH FACILITY.
   4.  THE  DETERMINATIONS  REGARDING  PRIVACY CONSIDERATIONS AS REQUIRED
 UNDER THIS SUBDIVISION SHALL ONLY APPLY TO NEW CONSTRUCTION.  THE  FAIL-
 URE  TO  MEET  PRIVACY CONSIDERATIONS IN EXISTING CONSTRUCTION SHALL NOT
 IMPEDE THE COMMISSIONER'S APPROVAL OF NEW CONSTRUCTION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10089-01-5

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Senate Bill S5382

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Sponsored By

Pete Harckham