Bill Text: NY S05358 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the office of addiction services and supports and tobacco-limited and tobacco-free facilities for treatment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2024-01-03 - REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS [S05358 Detail]

Download: New_York-2023-S05358-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5358

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 2, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Alcoholism and Substance
          Use Disorders

        AN ACT to amend the mental hygiene law, in relation  to  the  office  of
          addiction  services  and supports and tobacco-limited and tobacco-free
          facilities for treatment

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

     1    Section 1. Subdivision (b) of section 19.21 of the mental hygiene law,
     2  as  separately  amended  by chapters 558 and 596 of the laws of 1999, is
     3  amended to read as follows:
     4    (b) The office shall redefine and develop, establish, promulgate,  and
     5  enforce  certification,  inspection,  licensing, and treatment standards
     6  for chemical dependence facilities and staff, which shall be applied  in
     7  addition  to any other standards for any other services provided by such
     8  facilities, and which shall be applicable to any facility  providing  or
     9  purporting  to  provide  as  part  or  all of a program of services, any
    10  services for the alleviation of the conditions  of  alcoholism,  alcohol
    11  abuse,  substance abuse, substance dependence, chemical abuse, or chemi-
    12  cal dependence.
    13    (1) Such standards shall not prohibit any chemical dependence facility
    14  from choosing to be a tobacco-limited  environment;  provided,  however,
    15  this  prohibition  shall not apply to prevention, treatment, or recovery
    16  services for children, youth and/or  young  adults,  which  must  remain
    17  tobacco-free.
    18    (i)  "Tobacco-limited"  means  prohibiting  the  use  of  all  tobacco
    19  products and nicotine delivery systems in facilities and vehicles  owned
    20  or  operated  by  the  office, while allowing for limited use of certain
    21  tobacco products by patients in designated areas on facility grounds  at
    22  designated  times,  in  accordance with rules, regulations, and guidance
    23  issued by the office.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00202-01-3
        S. 5358                             2

     1    (ii) "Tobacco-free" means prohibiting the use of all tobacco  products
     2  in  facilities,  on  grounds,  and  in vehicles owned or operated by the
     3  office.
     4    (2)  Where  appropriate,  such standards shall provide for priority of
     5  admission for persons whose children have been placed in foster care  or
     6  are in jeopardy of being so placed pursuant to article ten of the family
     7  court act or article six of the social services law.
     8    § 2. This act shall take effect immediately.