STATE OF NEW YORK
________________________________________________________________________
7351--A
2021-2022 Regular Sessions
IN SENATE
August 27, 2021
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Introduced by Sens. HARCKHAM, RIVERA -- read twice and ordered printed,
and when printed to be committed to the Committee on Rules -- recom-
mitted to the Committee on Alcoholism and Substance Abuse in accord-
ance 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11985-02-2
S. 7351--A 2
1 designated times, in accordance with rules, regulations, and guidance
2 issued by the office.
3 (ii) "Tobacco-free" means prohibiting the use of all tobacco products
4 in facilities, on grounds, and in vehicles owned or operated by the
5 office.
6 (2) Where appropriate, such standards shall provide for priority of
7 admission for persons whose children have been placed in foster care or
8 are in jeopardy of being so placed pursuant to article ten of the family
9 court act or article six of the social services law.
10 § 2. This act shall take effect immediately.
