Requires the office of addiction services and supports to assure that persons who suffer from a substance use disorder have the right to seek and receive addiction services, care, treatment and rehabilitation services based on the individual's gender identity, gender expression and/or sexual orientation.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4903
SPONSOR: Kelles
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to accessing
substance use disorder services based on the individual's gender identi-
ty, gender expression and/or sexual orientation
 
PURPOSE: To require substance use disorder services to provide treat-
ment services in accordance with a patient's gender identity or
expression and preference.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends Subdivision (c) of section 19.07 of the
mental hygiene law to require the Office of Addiction Services and
Supports to ensure that patients have the right to access substance use
disorder services based on their gender identity or expression, and
preferences.
Section 2 is the effective date.
 
JUSTIFICATION:
The LGBTQ community has elevated levels of substance use disorder.
Studies show that this disparity is caused by demographic, gender-relat-
ed, mental health, and socio-economic risk factors. This makes treatment
even more important for this group. Additionally, many in the LGBTQ
community, find it hard to access treatment that aligns with and affirms
their gender identity. This bill would help fix this problem and help
New Yorkers get the help they need to address their substance use disor-
der.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4903
2023-2024 Regular Sessions
IN ASSEMBLY
February 24, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to accessing
substance use disorder services based on the individual's gender iden-
tity, gender expression and/or sexual orientation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (c) of section 19.07 of the mental hygiene law,
2 as amended by chapter 281 of the laws of 2019, is amended to read as
3 follows:
4 (c) The office of [alcoholism and substance abuse services] addiction
5 services and supports shall have the responsibility for seeing that
6 persons who suffer from [an addictive disorder] a substance use disorder
7 and their families are provided with addiction services, care and treat-
8 ment, and that such services, care, treatment and rehabilitation is of
9 high quality and effectiveness, and that the personal and civil rights
10 of persons seeking and receiving addiction services, care, treatment and
11 rehabilitation are adequately protected, including that patients have
12 the right to access services based on their gender identity, gender
13 expression and/or sexual orientation. For the purposes of this subdivi-
14 sion, gender identity or gender expression means a person's actual or
15 perceived gender related identity, appearance, behavior, expression, or
16 other gender related characteristic regardless of the sex assigned to
17 that person at birth.
18 § 2. This act shall take effect on the thirtieth day after it shall
19 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04075-03-3