STATE OF NEW YORK
        ________________________________________________________________________

                                          8620

                   IN ASSEMBLY

                                    January 12, 2024
                                       ___________

        Introduced by M. of A. SIMONE -- read once and referred to the Committee
          on Alcoholism and Drug Abuse

        AN  ACT  to  amend  the  mental  hygiene law, in relation to authorizing
          certain providers of services to administer and dispense methadone  or
          other controlled substances

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

     1    Section 1. Paragraphs 4 and 5 of subdivision (b) of section  32.09  of
     2  the mental hygiene law, as added by chapter 558 of the laws of 1999, are
     3  amended to read as follows:
     4    4.  the  applicant  is  able  to  comply with all applicable state and
     5  federal laws; [and]
     6    5. the applicant will establish procedures to effectively implement  a
     7  detoxification  program  to further relieve addicts from dependence upon
     8  methadone or such other controlled substances prescribed  for  treatment
     9  in subject maintenance programs; and
    10    6.  the  applicant  has established, or taken concrete steps to estab-
    11  lish, a community advisory board consisting of residents of the communi-
    12  ty served by such applicant to  consider  and  advise  the  provider  on
    13  matters  concerning  the  development  of  any plans or programs of such
    14  provider.
    15    § 2. The opening paragraph of subdivision (c) of section 32.31 of  the
    16  mental  hygiene  law,  as amended by chapter 529 of the laws of 2004, is
    17  amended to read as follows:
    18    The commissioner shall not approve a certificate of  incorporation  or
    19  articles  of  organization  or  application for establishment unless the
    20  provisions of subdivision (a) and, in cases involving the administration
    21  and dispensing of methadone or other controlled substances,  subdivision
    22  (b)  of section 32.09 of this article have been met and that the commis-
    23  sioner is satisfied, insofar as applicable, as to:
    24    § 3. This act shall take effect on the ninetieth day  after  it  shall
    25  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13873-01-3