Bill Text: NY A09871 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires an alcohol or substance use disorder facility to assess all individuals admitted to their facility for tobacco use disorder.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-19 - referred to alcoholism and drug abuse [A09871 Detail]
Download: New_York-2021-A09871-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9871 IN ASSEMBLY April 19, 2022 ___________ Introduced by M. of A. GONZALEZ-ROJAS -- read once and referred to the Committee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, in relation to providing a tobacco use disorder 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 19.46 to read as follows: 3 § 19.46 Tobacco use disorder. 4 (a) A facility regulated by the office as an alcohol or substance use 5 disorder facility shall assess each individual for use of all tobacco 6 products at the time of such individual's admission to the facility. 7 This assessment shall include questions recommended in the most recent 8 version of the diagnostic and statistical manual of mental disorders 9 under tobacco use disorder, or similar evidence-based guidance as deter- 10 mined by the commissioner, for determining that an individual has a 11 tobacco use disorder. 12 (b) For an individual with tobacco use disorder, an alcohol or 13 substance use disorder facility shall do all of the following: 14 1. Provide information to the individual with tobacco use disorder on 15 how continued use of tobacco products could affect such individual's 16 long-term success in recovery from substance use disorder. 17 2. Recommend treatment for tobacco use disorder in such individual's 18 treatment plan. 19 3. Offer either treatment, subject to the rules and regulations issued 20 by the office, or a referral for treatment for tobacco use disorder. 21 (c) For purposes of this section, "tobacco products" has the same 22 meaning as defined in section thirteen hundred ninety-nine-aa of the 23 public health law. 24 § 2. Paragraph (iii) of subdivision 39 of section 1.03 of the mental 25 hygiene law, as added by chapter 223 of the laws of 1992, is amended to 26 read as follows: 27 (iii) any substance, except alcohol [and tobacco], as listed in the 28 published rules of the office which has been certified to the commis- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14295-01-2A. 9871 2 1 sioner by the commissioner of health as having the capability of causing 2 physical and/or psychological dependence. Notice of a proposed rule 3 listing any such substance shall be given to the speaker of the assembly 4 and the temporary president of the senate. The commissioner shall 5 consider the advice and recommendations of the legislature and shall 6 hold a public hearing prior to listing any substance in its published 7 rules. 8 § 3. This act shall take effect on the thirtieth day after it shall 9 have become a law. Effective immediately, the addition, amendment and/or 10 repeal of any rule or regulation necessary for the implementation of 11 this act on its effective date are authorized to be made and completed 12 on or before such effective date.
