Bill Text: NY A05935 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts the bill of rights for persons with developmental disabilities.
Spectrum: Partisan Bill (Republican 12-0)
Status: (Introduced - Dead) 2018-04-18 - print number 5935a [A05935 Detail]
Download: New_York-2017-A05935-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5935--A 2017-2018 Regular Sessions IN ASSEMBLY February 17, 2017 ___________ Introduced by M. of A. CROUCH, BRABENEC, HAWLEY, KOLB, MALLIOTAKIS, M. L. MILLER, NORRIS, PALMESANO, RA, WALSH, LAWRENCE -- read once and referred to the Committee on Mental Health -- recommitted to the Committee on Mental Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to enacting the bill of rights of persons with developmental disabilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The mental hygiene law is amended by adding a new section 2 33.01-a to read as follows: 3 § 33.01-a Bill of rights for persons with developmental disabilities. 4 The rights of persons with developmental disabilities set forth in 5 this section are declared the public policy of the state: 6 (a) The right to be treated at all times with courtesy and respect and 7 with full recognition of their dignity and individuality; 8 (b) The right to an appropriate, safe, and sanitary living environment 9 that complies with local, state, and federal standards and recognizes 10 the persons' need for privacy and independence; 11 (c) The right to food adequate to meet accepted standards of nutri- 12 tion; 13 (d) The right to practice the religion of their choice or to abstain 14 from the practice of religion; 15 (e) The right of timely access to appropriate medical or dental treat- 16 ment; 17 (f) The right of access to necessary ancillary services, including, 18 but not limited to, occupational therapy, physical therapy, speech ther- 19 apy, and behavior modification and other psychological services; 20 (g) The right to receive appropriate care and treatment in the least 21 intrusive manner; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09624-02-8A. 5935--A 2 1 (h) The right to privacy, including both periods of privacy and places 2 of privacy; 3 (i) The right to communicate freely with persons of their choice in 4 any reasonable manner they choose; 5 (j) The right to ownership and use of personal possessions so as to 6 maintain individuality and personal dignity; 7 (k) The right of access to opportunities that enable individuals to 8 develop their full human potential; 9 (l) The right to pursue vocational opportunities that will promote and 10 enhance economic independence; 11 (m) The right to be treated equally as citizens under the law; 12 (n) The right to be free from emotional, psychological, and physical 13 abuse; 14 (o) The right to participate in appropriate programs of education, 15 training, social development, and habilitation and in programs of 16 reasonable recreation; 17 (p) The right to participate in decisions that affect their lives 18 including but not limited to housing choices and working environment; 19 (q) The right to select a parent or advocate to act on their behalf; 20 (r) The right to manage their personal financial affairs, based on 21 individual ability to do so; 22 (s) The right to confidential treatment of all information in their 23 personal and medical records, except to the extent that disclosure or 24 release of records is permitted; 25 (t) The right to voice grievances and recommend changes in policies 26 and services without restraint, interference, coercion, discrimination, 27 or reprisal; 28 (u) The right to be free from unnecessary chemical or physical 29 restraints; 30 (v) The right to participate in the political process; and 31 (w) The right to refuse to participate in medical, psychological, or 32 other research or experiments. 33 § 2. Nothing in this bill of rights and privileges shall limit any 34 other right or privilege under law. If any residential facility or non- 35 residential service provider fails to afford these rights and privi- 36 leges, assistance may be sought from the facility, provider or the 37 office for people with developmental disabilities. 38 § 3. The commissioner of the office for people with developmental 39 disabilities shall: 40 (a) Post a copy of the bill of rights on the office's website; 41 (b) Makes copies of the bill of rights in English, Arabic, French, 42 Greek, Haitian/Creole, Hindi, Italian, Japanese, Korean, Polish, Spanish 43 and any other language deemed necessary; 44 (c) Establish a public education program designed to disseminate 45 information regarding implementation of this section; 46 (d) Include specific information detailing the effort of the commis- 47 sioner of the office for people with developmental disabilities to 48 effectuate this act in the statewide comprehensive plan required pursu- 49 ant to section 5.07 of the mental hygiene law; and 50 (e) Adopt all rules and regulations necessary to effectuate this 51 section. 52 § 4. This act shall take effect immediately.