STATE OF NEW YORK
________________________________________________________________________
2403
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
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Introduced by M. of A. CROUCH, ASHBY, BRABENEC, HAWLEY, KOLB, LAWRENCE,
MALLIOTAKIS, M. L. MILLER, NORRIS, PALMESANO, RA, WALSH -- read once
and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to enacting the bill
of rights of persons with developmental disabilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 33.01-a to read as follows:
3 § 33.01-a Bill of rights for persons with developmental disabilities.
4 The rights of persons with developmental disabilities set forth in
5 this section are declared the public policy of the state:
6 (a) The right to be treated at all times with courtesy and respect and
7 with full recognition of their dignity and individuality;
8 (b) The right to an appropriate, safe, and sanitary living environment
9 that complies with local, state, and federal standards and recognizes
10 the persons' need for privacy and independence;
11 (c) The right to food adequate to meet accepted standards of nutri-
12 tion;
13 (d) The right to practice the religion of their choice or to abstain
14 from the practice of religion;
15 (e) The right of timely access to appropriate medical or dental treat-
16 ment;
17 (f) The right of access to necessary ancillary services, including,
18 but not limited to, occupational therapy, physical therapy, speech ther-
19 apy, and behavior modification and other psychological services;
20 (g) The right to receive appropriate care and treatment in the least
21 intrusive manner;
22 (h) The right to privacy, including both periods of privacy and places
23 of privacy;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02895-01-9
A. 2403 2
1 (i) The right to communicate freely with persons of their choice in
2 any reasonable manner they choose;
3 (j) The right to ownership and use of personal possessions so as to
4 maintain individuality and personal dignity;
5 (k) The right of access to opportunities that enable individuals to
6 develop their full human potential;
7 (l) The right to pursue vocational opportunities that will promote and
8 enhance economic independence;
9 (m) The right to be treated equally as citizens under the law;
10 (n) The right to be free from emotional, psychological, and physical
11 abuse;
12 (o) The right to participate in appropriate programs of education,
13 training, social development, and habilitation and in programs of
14 reasonable recreation;
15 (p) The right to participate in decisions that affect their lives
16 including but not limited to housing choices and working environment;
17 (q) The right to select a parent or advocate to act on their behalf;
18 (r) The right to manage their personal financial affairs, based on
19 individual ability to do so;
20 (s) The right to confidential treatment of all information in their
21 personal and medical records, except to the extent that disclosure or
22 release of records is permitted;
23 (t) The right to voice grievances and recommend changes in policies
24 and services without restraint, interference, coercion, discrimination,
25 or reprisal;
26 (u) The right to be free from unnecessary chemical or physical
27 restraints;
28 (v) The right to participate in the political process; and
29 (w) The right to refuse to participate in medical, psychological, or
30 other research or experiments.
31 § 2. Nothing in this bill of rights and privileges shall limit any
32 other right or privilege under law. If any residential facility or non-
33 residential service provider fails to afford these rights and privi-
34 leges, assistance may be sought from the facility, provider or the
35 office for people with developmental disabilities.
36 § 3. The commissioner of the office for people with developmental
37 disabilities shall:
38 (a) Post a copy of the bill of rights on the office's website;
39 (b) Makes copies of the bill of rights in English, Arabic, French,
40 Greek, Haitian/Creole, Hindi, Italian, Japanese, Korean, Polish, Spanish
41 and any other language deemed necessary;
42 (c) Establish a public education program designed to disseminate
43 information regarding implementation of this section;
44 (d) Include specific information detailing the effort of the commis-
45 sioner of the office for people with developmental disabilities to
46 effectuate this act in the statewide comprehensive plan required pursu-
47 ant to section 5.07 of the mental hygiene law; and
48 (e) Adopt all rules and regulations necessary to effectuate this
49 section.
50 § 4. This act shall take effect immediately.
