Bill Text: NY S05970 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals while bathing, sleeping, using restrooms and receiving individual counseling services, while also allowing for maximization of the use of such facility.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2024-06-03 - referred to alcoholism and drug abuse [S05970 Detail]

Download: New_York-2023-S05970-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5970

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 23, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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 construction
          of facilities for chemical dependence services that promote the priva-
          cy of individuals

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

     1    Section  1.  The opening paragraph of subdivision (b) of section 32.29
     2  of the mental hygiene law, as added by chapter 558 of the laws of  1999,
     3  is amended and a new paragraph 4 is added to read as follows:
     4    The  construction  of  a  facility shall require the prior approval of
     5  such commissioner if the provider of services seeking to engage in  such
     6  construction  receives  funding  from  the  office  of  [alcoholism  and
     7  substance abuse] addiction services and supports pursuant to this  chap-
     8  ter  and/or  seeks  a funding source for such construction project other
     9  than from the mental health services facilities improvement program,  or
    10  its  successor  agency, directly or indirectly through a closely related
    11  entity; provided, however, that such facilities shall  be  designed  and
    12  constructed  in  a manner that promotes privacy while bathing, sleeping,
    13  using restrooms and receiving individual counseling services, while also
    14  allowing for maximization of the use of such facility.
    15    4. The determinations regarding  privacy  considerations  as  required
    16  under  this subdivision shall only apply to new construction.  The fail-
    17  ure to meet privacy considerations in existing  construction  shall  not
    18  impede the commissioner's approval of new construction.
    19    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10408-01-3