STATE OF NEW YORK
________________________________________________________________________
7349--A
2021-2022 Regular Sessions
IN SENATE
August 27, 2021
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Alcoholism and Substance Abuse in accordance with
Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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.
LBD13103-03-2
