Bill Text: NY A09472 | 2015-2016 | General Assembly | Introduced

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Bill Title: Regulates the establishment and location of a methadone treatment center by prohibiting its establishment or continued operation within five hundred feet of an educational institution at the secondary level or below, day care center, park, church, synagogue or other place of worship unless located within a hospital.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-03-09 - referred to mental health [A09472 Detail]

Download: New_York-2015-A09472-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9472
                   IN ASSEMBLY
                                      March 9, 2016
                                       ___________
        Introduced  by  M.  of  A.  HARRIS,  TITONE,  RODRIGUEZ -- read once and
          referred to the Committee on Mental Health
        AN ACT to amend the mental hygiene law, in relation to the  location  of
          methadone treatment centers
          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  22.13 to read as follows:
     3  § 22.13  Location of methadone treatment centers.
     4    (a)    In  addition to any other requirements of this chapter or other
     5  provision of law, rule or  regulation,  no  methadone  treatment  center
     6  shall  be  established, approved, maintained or continued which shall be
     7  within a radius of five hundred feet of a building occupied as a  public
     8  or  private  educational  institution  at  the secondary level or below,
     9  day-care center, park, church,  synagogue  or  other  place  of  worship
    10  unless  located  in  a  hospital;  the  measurements  to  determine such
    11  distance shall be taken in a straight line from the center of the  near-
    12  est entrance of such public or private educational institution, day-care
    13  center, church, synagogue or other place of worship to the center of the
    14  nearest entrance of such methadone treatment center.
    15    (b)    Within  the  context of this section, the word "entrance" shall
    16  mean a door of a public or private educational institution,  of  a  day-
    17  care  center,  of  a  house  of  worship, or of such methadone treatment
    18  center regularly used to give ingress to students, to  the  parents  and
    19  children  of  the  day-care  center, to the general public attending the
    20  place of worship, and to any drug dependent  persons  being  treated  at
    21  such methadone treatment center;  except that, where a public or private
    22  educational institution, day-care center or house of worship is set back
    23  from  a  public  thoroughfare, the walkway or stairs leading to any such
    24  door shall be deemed an entrance and the measurement shall be  taken  to
    25  the  center  of  the  walkway  or stairs at the point where it meets the
    26  building line or public thoroughfare.   A door  which  has  no  exterior
    27  hardware,  or  which  is used solely as an emergency or fire exit or for
    28  maintenance purposes, or which leads directly to a part  of  a  building
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03840-01-5