Bill Text: NY A00896 | 2023-2024 | General Assembly | Amended

---

Bill Title: Replaces the words addict or addicts with the words person with substance use disorder or a variation thereof.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced) 2024-02-29 - print number 896b [A00896 Detail]

Download: New_York-2023-A00896-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         896--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2023
                                       ___________

        Introduced  by M. of A. GALLAGHER, L. ROSENTHAL, DICKENS, SIMON, STIRPE,
          K. BROWN -- read once and referred to the Committee on Alcoholism  and
          Drug Abuse -- committee discharged, bill amended, ordered reprinted as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Alcoholism and Drug Abuse  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 judiciary law, the mental hygiene  law,  the  public
          health  law,  the county law, and the general city law, in relation to
          replacing the words addict and addicts  with  the  words  person  with
          substance use disorder or variation thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
     2  law, as amended by chapter 479 of the laws of 2022, is amended  to  read
     3  as follows:
     4    a. When a court orders a hearing in a proceeding upon a writ of habeas
     5  corpus  to inquire into the cause of detention of a person in custody in
     6  a state institution, or when it orders a hearing in a  civil  proceeding
     7  to  commit  or transfer a person to or retain him in a state institution
     8  when such person is alleged to be mentally ill, mentally defective or  a
     9  [narcotic  addict] person with substance use disorder, or when it orders
    10  a hearing for the commitment of the guardianship and custody of a  child
    11  to an authorized agency by reason of the mental illness or developmental
    12  disability of a parent, or when it orders a hearing to determine whether
    13  consent  to the adoption of a child shall be required of a parent who is
    14  alleged to be mentally ill  or  developmentally  disabled,  or  when  it
    15  orders  a  hearing  to  determine the best interests of a child when the
    16  parent of the child revokes a consent to the adoption of such child  and
    17  such  revocation  is opposed or in any adoption or custody proceeding if
    18  it determines that assignment of counsel in such cases  is  mandated  by

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00243-04-4
        A. 896--B                           2

     1  the  constitution  of  this state or of the United States, the court may
     2  assign counsel to represent such person if it is satisfied  that  he  is
     3  financially unable to obtain counsel. Upon an appeal taken from an order
     4  entered  in  any such proceeding, the appellate court may assign counsel
     5  to represent such person upon the appeal if it is satisfied that  he  is
     6  financially unable to obtain counsel.
     7    §  2.  Subdivision 4 of section 35 of the judiciary law, as amended by
     8  section 3 of part GG of chapter 56 of the laws of 2023,  is  amended  to
     9  read as follows:
    10    4.  In  any  proceeding described in paragraph a of subdivision one of
    11  this section, when a person is alleged  to  be  mentally  ill,  mentally
    12  defective or a [narcotic addict] person with substance use disorder, the
    13  court  which  ordered  the hearing may appoint no more than two psychia-
    14  trists, certified psychologists or physicians to examine and testify  at
    15  the  hearing upon the condition of such person. A psychiatrist, psychol-
    16  ogist  or  physician  so  appointed  shall,  upon  completion  of  their
    17  services,  receive  reimbursement  for  expenses reasonably incurred and
    18  reasonable compensation for such services, to be  fixed  by  the  court.
    19  Such  compensation  shall not exceed three thousand dollars, except that
    20  in extraordinary circumstances the court may provide for compensation in
    21  excess of the foregoing limits.
    22    § 3. Paragraph (i) of subdivision (b) of section 32.05 of  the  mental
    23  hygiene law, as amended by section 3 of part Z of chapter 57 of the laws
    24  of 2019, is amended to read as follows:
    25    (i)  Methadone,  or  such other controlled substance designated by the
    26  commissioner of health as appropriate for such use, may be  administered
    27  to  [an  addict]  a  person  with  substance use disorder, as defined in
    28  section thirty-three hundred two of the public health law, by individual
    29  physicians, groups of physicians and public or private  medical  facili-
    30  ties  certified  pursuant to article twenty-eight or thirty-three of the
    31  public health law as part of a chemical  dependence  program  which  has
    32  been  issued  an  operating  certificate by the commissioner pursuant to
    33  subdivision (b) of section 32.09 of  this  article,  provided,  however,
    34  that  such administration must be done in accordance with all applicable
    35  federal and state laws and regulations. Individual physicians or  groups
    36  of  physicians  who have obtained authorization from the federal govern-
    37  ment to administer buprenorphine to [addicts] people with substance  use
    38  disorder  may  do so without obtaining an operating certificate from the
    39  commissioner.
    40    § 4. Paragraph 5 of subdivision (b) of section  32.09  of  the  mental
    41  hygiene  law, as added by chapter 558 of the laws of 1999, is amended to
    42  read as follows:
    43    5. the applicant will establish procedures to effectively implement  a
    44  detoxification   program   to  further  relieve  [addicts]  people  with
    45  substance use disorder from dependence  upon  methadone  or  such  other
    46  controlled  substances  prescribed  for treatment in subject maintenance
    47  programs.
    48    § 5. Subdivision 1 of section  3302  of  the  public  health  law,  as
    49  amended  by  chapter  92  of  the  laws  of  2021, is amended to read as
    50  follows:
    51    1. ["Addict"] "Person with substance use disorder" means a person  who
    52  habitually  uses a controlled substance for a non-legitimate or unlawful
    53  use, and who by reason of such use is dependent thereon.
    54    § 6. Subdivision 1 of section 3331 of the public health law, as  added
    55  by chapter 878 of the laws of 1972, is amended to read as follows:
        A. 896--B                           3

     1    1. Except as provided in titles III or V of this article, no substance
     2  in  schedules  II,  III,  IV, or V may be prescribed for or dispensed or
     3  administered to [an addict] a person  with  substance  use  disorder  or
     4  habitual user.
     5    §  7.  The title heading of title V of article 33 of the public health
     6  law, as added by chapter 878 of the laws of 1972, is amended to read  as
     7  follows:

     8             DISPENSING TO [ADDICTS] PERSONS WITH SUBSTANCE USE
     9                         DISORDER AND HABITUAL USERS

    10    § 8. Section 3350 of the public health law, as added by chapter 878 of
    11  the laws of 1972, is amended to read as follows:
    12    §  3350.  Dispensing  prohibition.    Controlled substances may not be
    13  prescribed for, or administered or dispensed to [addicts]  persons  with
    14  substance  use  disorder  or  habitual  users  of controlled substances,
    15  except as provided by this title or title III.
    16    § 9. Section 3351 of the public health law, as added by chapter 878 of
    17  the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
    18  1999, is amended to read as follows:
    19    § 3351. Dispensing for medical use.  1. Controlled substances  may  be
    20  prescribed  for,  or  administered  or dispensed to [an addict] a person
    21  with substance use disorder or habitual user:
    22    (a) during emergency medical treatment unrelated to use of  controlled
    23  substances;
    24    (b)  who  is a bona fide patient suffering from an incurable and fatal
    25  disease such as cancer or advanced tuberculosis;
    26    (c) who is aged, infirm, or suffering from serious injury  or  illness
    27  and the withdrawal from controlled substances would endanger the life or
    28  impede or inhibit the recovery of such person.
    29    2.  Controlled  substances  may  be  ordered  for use by [an addict] a
    30  person with substance use disorder or habitual user  by  a  practitioner
    31  and  administered by a practitioner or registered nurse to relieve acute
    32  withdrawal symptoms.
    33    3. Methadone, or such other controlled  substance  designated  by  the
    34  commissioner  as appropriate for such use, may be ordered for use of [an
    35  addict] a person with substance  use  disorder  by  a  practitioner  and
    36  dispensed  or  administered by a practitioner or his designated agent as
    37  interim treatment for [an addict] a person with substance  use  disorder
    38  on a waiting list for admission to an authorized maintenance program.
    39    4.  Methadone,  or  such  other controlled substance designated by the
    40  commissioner as appropriate for such use, may  be  administered  to  [an
    41  addict] a person with substance use disorder by a practitioner or by his
    42  designated agent acting under the direction and supervision of a practi-
    43  tioner,  as part of a regime designed and intended to withdraw a patient
    44  from addiction to controlled substances.
    45    5. Methadone, or such other controlled  substance  designated  by  the
    46  commissioner  as  appropriate  for  such use, may be administered to [an
    47  addict] a person with substance use disorder by a practitioner or by his
    48  designated agent acting under the direction and supervision of a practi-
    49  tioner, as part of  a  substance  [abuse]  use  or  chemical  dependence
    50  program approved pursuant to article [twenty-three or] thirty-two of the
    51  mental hygiene law.
    52    § 10. Section 3372 of the public health law, as amended by chapter 195
    53  of the laws of 1973, is amended to read as follows:
        A. 896--B                           4

     1    § 3372. Practitioner patient reporting.  It shall be the duty of every
     2  attending  practitioner  and  every  consulting  practitioner  to report
     3  promptly to the commissioner, or his duly  designated  agent,  the  name
     4  and, if possible, the address of, and such other data as may be required
     5  by  the  commissioner  with respect to, any person under treatment if he
     6  finds that such person is [an addict] a person with substance use disor-
     7  der or a habitual user of any narcotic drug. Such report shall  be  kept
     8  confidential  and  may be utilized only for statistical, epidemiological
     9  or research purposes, except that those reports which originate  in  the
    10  course  of  a  criminal proceeding other than under section 81.25 of the
    11  mental hygiene law shall be subject only to the confidentiality require-
    12  ments of section thirty-three hundred seventy-one of this article.
    13    § 11. Subdivisions 2 and 3 of section 396-h  of  the  county  law,  as
    14  added  by  chapter  818  of  the  laws  of  1971, are amended to read as
    15  follows:
    16    2. To establish in-patient and out-patient  treatment  facilities  for
    17  persons  [addicted  to the use of drugs and drug abusers] with substance
    18  use disorders. Such facilities shall include, but shall not  be  limited
    19  to:
    20    a. detoxification centers and clinics for the out-patient treatment of
    21  [drug abusers and addicts] persons with substance use disorders;
    22    b.  a  treatment  center where [drug abusers and addicts] persons with
    23  substance use disorders may obtain professional counseling  from  physi-
    24  cians,  psychologists,  psychiatrists  and  where possible, [former drug
    25  abusers and addicts] other persons with substance use disorders;
    26    c. half-way houses to provide continuing treatment for  [drug  abusers
    27  and addicts] persons with substance use disorders.
    28    3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
    29  persons with substance use disorders and persons and agencies  concerned
    30  with  their  treatment  will  make  use  of the aforementioned treatment
    31  facilities;
    32    § 12. Subdivisions 2 and 3 of section 121 of the general city law,  as
    33  added  by  chapter  820  of  the  laws  of  1971, are amended to read as
    34  follows:
    35    2. To establish in-patient and out-patient  treatment  facilities  for
    36  persons  [addicted  to the use of drugs and drug abusers] with substance
    37  use disorders. Such facilities shall include, but shall not  be  limited
    38  to:
    39    a. detoxification centers and clinics for the out-patient treatment of
    40  [drug abusers and addicts] persons with substance use disorders;
    41    b.  a  treatment  center  where  [addicts]  persons with substance use
    42  disorders may obtain professional counseling from  physicians,  psychol-
    43  ogists,  psychiatrists  and  where  possible,  [former  drug abusers and
    44  addicts] other persons with substance use disorders;
    45    c. half-way houses to provide continuing treatment for  [drug  abusers
    46  and addicts] persons with substance use disorders.
    47    3.  To  create  a  referral  program  whereby  [drug abusers, addicts]
    48  persons with substance use disorders and persons and agencies  concerned
    49  with  their  treatment  will  make  use  of the aforementioned treatment
    50  facilities;
    51    § 13. This act shall take effect immediately.