Bill Text: NY A03119 | 2019-2020 | General Assembly | Introduced

Bill Title: Creates the chemical dependence treatment bill of rights to be posted in a conspicuous place in all treatment facilities.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2019-01-28 - referred to alcoholism and drug abuse [A03119 Detail]

Download: New_York-2019-A03119-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
        Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. DINOWITZ,
          JAFFEE,  LUPARDO,  PEOPLES-STOKES  --  read  once  and referred to the
          Committee on Alcoholism and Drug Abuse
        AN ACT to amend the mental hygiene law, in relation to creating a chemi-
          cal dependence treatment bill of rights
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (c) of section 22.03 of the mental hygiene law,
     2  as added by chapter 558 of the laws of 1999, is amended and a new subdi-
     3  vision (d) is added to read as follows:
     4    (c)  The  director  of  every chemical dependence program, service, or
     5  treatment facility shall post copies of [a notice] the chemical  depend-
     6  ence  treatment  bill of rights in a form and manner to be determined by
     7  the commissioner, at places throughout the  facility  or  program  where
     8  such  [notice]  bill  of  rights shall be conspicuous and visible to all
     9  patients[, stating]. The chemical dependence treatment  bill  of  rights
    10  shall include, but need not be limited to, the following:
    11    1.  [a  general  statement of the rights of patients under the various
    12  admission or retention provisions of this article; and
    13    2. the right of the patient to  communicate  with  the  director,  the
    14  board  of  visitors, if any, and the commissioner] Every patient has the
    15  right to participate in developing an individualized plan  of  treatment
    16  and  to  request a review of his or her treatment plan by another clini-
    17  cian;
    18    2. Every patient has the right to receive an explanation  of  services
    19  in accordance with his or her treatment plan;
    20    3.  Every  patient shall have the right to be fully informed of his or
    21  her proposed treatment, including possible adverse effects;
    22    4. Every patient has the right to object  to  or  terminate  treatment
    23  unless otherwise directed pursuant to court order;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3119                             2
     1    5.  Every  patient has the right to privacy in treatment and in caring
     2  for personal needs, to have confidentiality in the treatment of personal
     3  and medical records, and to have security in storing possessions;
     4    6.  Every patient has the right to have access to his or her treatment
     5  records;
     6    7. Every patient  has  the  right  to  receive  courteous,  fair,  and
     7  respectful treatment that is appropriate to his or her individual needs;
     8    8. Every patient shall be treated in a manner that is free from abuse,
     9  discrimination, mistreatment, and exploitation;
    10    9.  Every patient's civil and religious liberties, including the right
    11  to independent personal decisions and knowledge  of  available  choices,
    12  shall not be infringed and facility or program staff shall encourage and
    13  assist in the fullest exercise of these rights; and
    14    10.  Every  patient  shall  be  free  to  report  grievances regarding
    15  services or staff to a supervisor, director, the board of  visitors,  or
    16  the commissioner.
    17    (d) Every chemical dependence program, service, or facility shall give
    18  a  copy  of  the  chemical  dependence  treatment bill of rights to each
    19  patient at or prior to the time of admission, or to the appointed repre-
    20  sentative at the time of appointment and to each member of the staff  at
    21  the program, service, or facility.
    22    § 2. This act shall take effect on the one hundred eightieth day after
    23  it  shall have become a law. Effective immediately, the addition, amend-
    24  ment and/or repeal of any rule or regulation necessary for the implemen-
    25  tation of this act on its effective date are authorized and directed  to
    26  be made and completed on or before such effective date.