Bill Text: NY A07347 | 2019-2020 | General Assembly | Introduced

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Bill Title: Renames the office of alcoholism and substance abuse services to be the office of addiction services and supports, and expands the scope of responsibilities of such office.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2019-09-13 - signed chap.281 [A07347 Detail]

Download: New_York-2019-A07347-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7347
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 25, 2019
                                       ___________
        Introduced  by  M.  of  A.  L. ROSENTHAL -- (at request of the Office of
          Alcoholism and Substance Abuse Services) -- read once and referred  to
          the Committee on Alcoholism and Drug Abuse
        AN  ACT  to  amend  the  mental  hygiene law, in relation to definitions
          related to addiction disorders, to change the name of  the  office  of
          alcoholism and substance abuse services, and the scope of responsibil-
          ities  of  such  office;  and to repeal certain provisions of such law
          relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivisions  2,  3  and  4 of section 1.03 of the mental
     2  hygiene law, subdivision 2 as amended by chapter 168 of the laws of 2010
     3  and subdivisions 3 and 4 as amended by section 4 of part MM  of  chapter
     4  58 of the laws of 2015, are amended to read as follows:
     5    2. "Commissioner" means the commissioner of mental health, the commis-
     6  sioner of developmental disabilities and the commissioner of [alcoholism
     7  and substance abuse services] addiction services and supports as used in
     8  this  chapter. Any power or duty heretofore assigned to the commissioner
     9  of mental hygiene or to the department of  mental  hygiene  pursuant  to
    10  this  chapter  shall hereafter be assigned to the commissioner of mental
    11  health in the case of facilities, programs, or services for  individuals
    12  with  mental  illness, to the commissioner of developmental disabilities
    13  in the case of facilities, programs, or services  for  individuals  with
    14  developmental  disabilities,  to  the  commissioner  of  [alcoholism and
    15  substance abuse services] addiction services and supports in the case of
    16  facilities, programs, or addiction disorder  services  [for  alcoholism,
    17  alcohol  abuse,  substance  abuse,  substance  dependence,  and chemical
    18  dependence] in accordance with the provisions of titles D and E of  this
    19  chapter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09086-01-9
        A. 7347                             2
     1    3.  "Mental disability" means mental illness, intellectual disability,
     2  developmental disability, [alcoholism, substance dependence, or chemical
     3  dependence] or an addictive disorder as defined in this section.
     4    4.  "Services for persons with a mental disability" means examination,
     5  diagnosis, care, treatment, rehabilitation,  supports,  habilitation  or
     6  training  [of  the  mentally  disabled]  or  as may be more specifically
     7  defined in this section.
     8    § 2. Subdivision 12 of section 1.03  of  the  mental  hygiene  law  is
     9  REPEALED and a new subdivision 12 is added to read as follows:
    10    12.  "Addictive disorder" or "addiction disorder" for purposes of this
    11  chapter means substance use disorder or gambling disorder as such  terms
    12  are  defined in this section and derived from the most recent edition of
    13  the  diagnostic  and  statistical  manual  of  mental  disorders  (DSM),
    14  published by the American Psychiatric Association.
    15    §  3.  Subdivisions 13, 14, 15, 16, 18, 25, 29, 40, 41, 43, 44, 45 and
    16  57 of section 1.03 of the mental hygiene law are REPEALED.
    17    § 4. Subdivision 17 of section 1.03 of  the  mental  hygiene  law,  as
    18  amended  by  chapter  223  of  the  laws  of 1992, is amended to read as
    19  follows:
    20    17. "Addiction treatment facility" or "Alcoholism facility"  means  an
    21  in-patient, residential or outpatient facility in the department [desig-
    22  nated by the commissioner of alcoholism and substance abuse services as]
    23  suitable  for  the  [care  and  treatment of alcoholics or an in-patient
    24  facility which has been approved by such commissioner  as  suitable  for
    25  the  care  and treatment of] provision of addiction disorder services to
    26  persons suffering from [alcoholism] an addictive disorder and which  has
    27  been  issued an operating certificate [by such commissioner] pursuant to
    28  article thirty-two of this chapter.
    29    § 5. Subdivision 19 of section 1.03 of  the  mental  hygiene  law,  as
    30  added by chapter 978 of the laws of 1977, is amended to read as follows:
    31    19.  "Significant  other" means a relative, close friend, associate or
    32  individual otherwise concerned with the welfare of  a  person  suffering
    33  from  [alcohol  and/or  substance abuse] an addictive disorder when that
    34  individual is directly  affected  by  the  person's  [alcoholism  and/or
    35  substance abuse] addictive disorder.
    36    § 6. Subdivisions 38 and 39 of section 1.03 of the mental hygiene law,
    37  subdivision  38 as amended by chapter 223 of the laws of 1992 and subdi-
    38  vision 39 as added by chapter 819 of the laws of 1992,  are  amended  to
    39  read as follows:
    40    38.  "Residential  services  facility"  or "Alcoholism community resi-
    41  dence" means any facility licensed or operated [by the office  of  alco-
    42  holism  and  substance abuse services] pursuant to article thirty-two of
    43  this chapter which provides [a supervised residence for persons  suffer-
    44  ing  from  alcoholism  or  alcohol  abuse]  residential services for the
    45  treatment of an addiction disorder and a homelike environment, including
    46  room, board and responsible supervision [for the rehabilitation of  such
    47  persons] as part of an overall service delivery system.
    48    39.   "Employee  assistance  program"  means  a  confidential  program
    49  designed to assist employees and their families, through identification,
    50  motivation referral, and follow-up, with  problems  that  may  interfere
    51  with  the  employees'  ability  to perform on the job effectively, effi-
    52  ciently and safely. Such problems include [alcohol and  substance  abuse
    53  problems]  addictive  disorders,  emotional,  marital, family, and other
    54  personal problems.
    55    § 7. Subdivision 42 of section 1.03 of  the  mental  hygiene  law,  as
    56  added by chapter 223 of the laws of 1992, is amended to read as follows:
        A. 7347                             3
     1    42.  "Substance  use  disorder  program"  or "Substance abuse program"
     2  shall mean any public or private person, corporation, partnership, agen-
     3  cy, either profit or non-profit, or state or municipal government  which
     4  provides  [substance abuse] substance use disorder services, in either a
     5  residential  or  ambulatory setting, to persons [who are substance abus-
     6  ers, substance dependent,]  in  need  of  services  [to  avoid  becoming
     7  substance abusers, substance dependent or to significant others] for the
     8  prevention  of, or treatment and recovery from a substance use disorder.
     9  Any person or entity providing such services as a minor part of a gener-
    10  al health or counseling unit subject to regulations promulgated  by  the
    11  commissioner  and  other  appropriate agencies shall not be considered a
    12  substance [abuse] use disorder program.
    13    § 8. Subdivisions 54, 55, 56 and 58 of  section  1.03  of  the  mental
    14  hygiene  law, subdivision 54 as added by chapter 83 of the laws of 1995,
    15  subdivision 55 as added by chapter 558 of the laws of 1999 and  subdivi-
    16  sions  56  and  58  as added by section 1 of part N of chapter 56 of the
    17  laws of 2012, are amended to read as follows:
    18    54. ["Compulsive  gambling]  "Gambling  disorder"  means  an  [impulse
    19  control  disorder]  addictive  disorder,  as  defined by the most recent
    20  edition of the diagnostic and statistical  manual  of  mental  disorders
    21  (DSM),  published by the American Psychiatric Association, characterized
    22  by repeated problematic gambling behavior which causes significant prob-
    23  lems or distress. Unless otherwise provided, for the  purposes  of  this
    24  chapter,  the  term  gambling disorder shall mean and include compulsive
    25  gambling, pathological gambling or problem gambling.
    26    55. ["Chemical dependence] "Addiction disorder services" or "addiction
    27  services" shall mean engagement to treatment,  examination,  evaluation,
    28  diagnosis,  care, treatment, rehabilitation, [or] relapse prevention and
    29  recovery maintenance, and related  education  and  training  of  persons
    30  suffering  from  [alcohol  and/or  substance abuse and/or dependence] or
    31  recovering from an addictive  disorder  and  their  significant  others.
    32  Unless  otherwise  provided,  for the purposes of this chapter, the term
    33  addiction disorder services shall mean and include "chemical  dependence
    34  services,"  [shall  mean  and include] alcoholism and/or substance abuse
    35  services, substance use disorder  services,  substance  dependence,  and
    36  gambling disorder services.
    37    56.  "Substance  use disorder" means [the misuse of, dependence on, or
    38  addiction to alcohol and/or legal or illegal drugs  leading  to  effects
    39  that  are  detrimental] recurrent use of alcohol and/or legal or illegal
    40  drugs causing clinical and functionally significant  impairment  to  the
    41  individual's  physical  and mental health, or the welfare of others [and
    42  shall include].  Unless otherwise provided, for  the  purposes  of  this
    43  chapter  the term substance use disorder shall mean and include alcohol-
    44  ism, alcohol abuse, drug abuse, substance abuse,  substance  dependence,
    45  chemical abuse, and/or chemical dependence.
    46    58.  "Behavioral  health services" means examination, diagnosis, care,
    47  treatment, rehabilitation, or training for persons with mental  illness,
    48  [substance  use  disorder, or compulsive gambling disorder] or addictive
    49  disorders.
    50    § 9. Section 1.03 of the mental hygiene law is amended by adding a new
    51  subdivision 2-a to read as follows:
    52    2-a. Notwithstanding any other section of law or  regulation,  on  and
    53  after  the effective date of this subdivision, any and all references to
    54  the office of alcoholism and substance abuse services and the  predeces-
    55  sor  agencies  to  the office of alcoholism and substance abuse services
    56  including the division of alcoholism and alcohol abuse and the  division
        A. 7347                             4
     1  of  substance abuse services, shall be known as the "office of addiction
     2  services and supports." Nothing in this subdivision shall  be  construed
     3  as  requiring  or prohibiting the further amendment of statutes or regu-
     4  lations to conform to the provisions of this subdivision.
     5    §  10.  Section  5.01 of the mental hygiene law, as amended by chapter
     6  168 of the laws of 2010, is amended to read as follows:
     7  § 5.01 Department of mental hygiene.
     8    There shall continue to be in the state  government  a  department  of
     9  mental  hygiene.  Within  the  department  there  shall be the following
    10  autonomous offices:
    11    (1) office of mental health;
    12    (2) office for people with developmental disabilities;
    13    (3) office of [alcoholism and substance abuse] addiction services  and
    14  supports.
    15    §  11.  Section  5.03 of the mental hygiene law, as amended by chapter
    16  168 of the laws of 2010, is amended to read as follows:
    17  § 5.03 Commissioners.
    18    The head of the office of mental health shall be the  commissioner  of
    19  mental  health;  the  head  of  the office for people with developmental
    20  disabilities shall be the commissioner  of  developmental  disabilities;
    21  and  the head of the office of [alcoholism and substance abuse services]
    22  addiction services and supports shall be the commissioner of [alcoholism
    23  and substance abuse services]  addiction  services  and  supports.  Each
    24  commissioner  shall be appointed by the governor, by and with the advice
    25  and consent of the senate, to serve at the pleasure of the governor.
    26    § 12. Subdivisions (b) and (c) of section 19.07 of the mental  hygiene
    27  law,  subdivision  (b) as amended by chapter 271 of the laws of 2010 and
    28  subdivision (c) as added by chapter 223 of the laws of 1992, are amended
    29  to read as follows:
    30    (b) The office of alcoholism and substance abuse services shall advise
    31  and assist the governor in improving services  and  developing  policies
    32  designed  to  meet  the  needs of persons who [abuse or are dependent on
    33  alcohol and/or substances] suffer from an addictive disorder  and  their
    34  families,  and  to encourage their rehabilitation, maintenance of recov-
    35  ery, and functioning in society.
    36    (c) The office of alcoholism and substance abuse services  shall  have
    37  the  responsibility  for seeing that persons who [abuse or are dependent
    38  on alcohol and/or substances] suffer  from  an  addictive  disorder  and
    39  their families are provided with addiction services, care and treatment,
    40  and  that  such  services, care, treatment and rehabilitation is of high
    41  quality and effectiveness, and that the personal  and  civil  rights  of
    42  persons  seeking  and  receiving addiction services, care, treatment and
    43  rehabilitation are adequately protected.
    44    § 13. This act shall take effect immediately.