NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A778
SPONSOR: Gallagher TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Relates to the office of addiction services and supports and tobacco
free facilities for treatment
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision (b) of section 19.21 of the mental hygiene
law to provide that such standards shall not require any chemical
dependence facility to be a tobacco-free environment.
JUSTIFICATION:
SAMSHA defines recovery as a process of change through which individuals
improve their health and wellness, live a self-directed life, and strive
to reach their full potential. Currently, OASAS requires treatment
facilities to be tobacco-free. While we understand the health risks
associated with tobacco use, we need to do more to support individuals
attempting to tackle the addiction that is wreaking havoc on their life.
In an effort to appreciate the enormity of an individual making the
decision to make such a drastic change, we need to foster policies that
create a non-punitive environment for other addictions an individual may
be suffering with while in treatment settings. By removing the require-
ment of OASAS certified providers to be tobacco-free, we are removing a
barrier to treatment for many individuals. This change will encourage
those using tobacco and suffering from substance use disorder to seek
treatment for their immediately life threatening substance use.
PRIOR LEGISLATIVE HISTORY:
A8444 (2022) - died in committee.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This bill is effective immediately.
STATE OF NEW YORK
________________________________________________________________________
778
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. GALLAGHER, DICKENS, MAMDANI, SIMON, FORREST,
STIRPE -- read once and referred to the Committee on Alcoholism and
Drug Abuse
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
22 designated times, in accordance with rules, regulations, and guidance
23 issued by the office.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00202-01-3
A. 778 2
1 (ii) "Tobacco-free" means prohibiting the use of all tobacco products
2 in facilities, on grounds, and in vehicles owned or operated by the
3 office.
4 (2) Where appropriate, such standards shall provide for priority of
5 admission for persons whose children have been placed in foster care or
6 are in jeopardy of being so placed pursuant to article ten of the family
7 court act or article six of the social services law.
8 § 2. This act shall take effect immediately.
