A05935 Summary:

COSPNSRBrabenec, Hawley, Kolb, Malliotakis, Miller ML, Norris, Palmesano, Ra, Walsh, Lawrence, Ashby
Add 33.01-a, Ment Hyg L
Enacts the bill of rights for persons with developmental disabilities.
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A05935 Actions:

02/17/2017referred to mental health
01/03/2018referred to mental health
04/16/2018held for consideration in mental health
04/18/2018amend and recommit to mental health
04/18/2018print number 5935a
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A05935 Committee Votes:

MENTAL HEALTH Chair:Gunther DATE:04/16/2018AYE/NAY:10/0 Action: Held for Consideration
De La RosaAye

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A05935 Floor Votes:

There are no votes for this bill in this legislative session.
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A05935 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 17, 2017
        Introduced  by  M.  of  A.  CROUCH, BRABENEC, HAWLEY, KOLB, MALLIOTAKIS,
          M. L. MILLER, NORRIS, PALMESANO, RA, WALSH, LAWRENCE -- read once  and
          referred  to  the  Committee  on  Mental  Health -- recommitted to the
          Committee on Mental Health in accordance with Assembly Rule 3, sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee
        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;

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

        A. 5935--A                          2
     1    (h) The right to privacy, including both periods of privacy and places
     2  of privacy;
     3    (i)  The  right  to communicate freely with persons of their choice in
     4  any reasonable manner they choose;
     5    (j) The right to ownership and use of personal possessions  so  as  to
     6  maintain individuality and personal dignity;
     7    (k)  The  right  of access to opportunities that enable individuals to
     8  develop their full human potential;
     9    (l) The right to pursue vocational opportunities that will promote and
    10  enhance economic independence;
    11    (m) The right to be treated equally as citizens under the law;
    12    (n) The right to be free from emotional, psychological,  and  physical
    13  abuse;
    14    (o)  The  right  to  participate in appropriate programs of education,
    15  training, social  development,  and  habilitation  and  in  programs  of
    16  reasonable recreation;
    17    (p)  The  right  to  participate  in decisions that affect their lives
    18  including but not limited to housing choices and working environment;
    19    (q) The right to select a parent or advocate to act on their behalf;
    20    (r) The right to manage their personal  financial  affairs,  based  on
    21  individual ability to do so;
    22    (s)  The  right  to confidential treatment of all information in their
    23  personal and medical records, except to the extent  that  disclosure  or
    24  release of records is permitted;
    25    (t)  The  right  to voice grievances and recommend changes in policies
    26  and services without restraint, interference, coercion,  discrimination,
    27  or reprisal;
    28    (u)  The  right  to  be  free  from  unnecessary  chemical or physical
    29  restraints;
    30    (v) The right to participate in the political process; and
    31    (w) The right to refuse to participate in medical,  psychological,  or
    32  other research or experiments.
    33    §  2.  Nothing  in  this bill of rights and privileges shall limit any
    34  other right or privilege under law. If any residential facility or  non-
    35  residential  service  provider  fails  to afford these rights and privi-
    36  leges, assistance may be sought  from  the  facility,  provider  or  the
    37  office for people with developmental disabilities.
    38    §  3.  The  commissioner  of  the office for people with developmental
    39  disabilities shall:
    40    (a) Post a copy of the bill of rights on the office's website;
    41    (b) Makes copies of the bill of rights  in  English,  Arabic,  French,
    42  Greek, Haitian/Creole, Hindi, Italian, Japanese, Korean, Polish, Spanish
    43  and any other language deemed necessary;
    44    (c)  Establish  a  public  education  program  designed to disseminate
    45  information regarding implementation of this section;
    46    (d) Include specific information detailing the effort of  the  commis-
    47  sioner  of  the  office  for  people  with developmental disabilities to
    48  effectuate this act in the statewide comprehensive plan required  pursu-
    49  ant to section 5.07 of the mental hygiene law; and
    50    (e)  Adopt  all  rules  and  regulations  necessary to effectuate this
    51  section.
    52    § 4. This act shall take effect immediately.
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