A00778 Summary:

BILL NOA00778
 
SAME ASNo Same As
 
SPONSORGallagher
 
COSPNSRDickens, Mamdani, Simon, Forrest, Stirpe
 
MLTSPNSR
 
Amd §19.21, Ment Hyg L
 
Relates to the office of addiction services and supports and tobacco-limited and tobacco-free facilities for treatment.
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A00778 Actions:

BILL NOA00778
 
01/11/2023referred to alcoholism and drug abuse
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A00778 Committee Votes:

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A00778 Floor Votes:

There are no votes for this bill in this legislative session.
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A00778 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A778
 
SPONSOR: Gallagher
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: Relates to the office of addiction services and supports and tobacco free facilities for treatment   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends subdivision (b) of section 19.21 of the mental hygiene law to provide that such standards shall not require any chemical dependence facility to be a tobacco-free environment.   JUSTIFICATION: SAMSHA defines recovery as a process of change through which individuals improve their health and wellness, live a self-directed life, and strive to reach their full potential. Currently, OASAS requires treatment facilities to be tobacco-free. While we understand the health risks associated with tobacco use, we need to do more to support individuals attempting to tackle the addiction that is wreaking havoc on their life. In an effort to appreciate the enormity of an individual making the decision to make such a drastic change, we need to foster policies that create a non-punitive environment for other addictions an individual may be suffering with while in treatment settings. By removing the require- ment of OASAS certified providers to be tobacco-free, we are removing a barrier to treatment for many individuals. This change will encourage those using tobacco and suffering from substance use disorder to seek treatment for their immediately life threatening substance use.   PRIOR LEGISLATIVE HISTORY: A8444 (2022) - died in committee.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This bill is effective immediately.
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A00778 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           778
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  GALLAGHER, DICKENS, MAMDANI, SIMON, FORREST,
          STIRPE -- read once and referred to the Committee  on  Alcoholism  and
          Drug Abuse
 
        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

        A. 778                              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.
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A00778 LFIN:

 NO LFIN
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A00778 Chamber Video/Transcript:

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