NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5103A
SPONSOR: Brown K TITLE OF BILL:
An act to amend the mental hygiene law, in relation to permitting facil-
ities to be dually licensed under the office of mental health and the
office of addiction services and supports
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to permit facilities to be dually licensed
under the office of mental health and the office of addiction services
and support.
SUMMARY OF PROVISIONS:
Section one of this bill amends Section 7.09 of the mental hygiene law
by adding a new subdivision (n) to read as follows: (n) The commissioner
shall, in conjunction with the commissioner of the office of addiction
services and support, develop a licensing program wherein facilities can
be dually licensed by both the office and the office of addiction
services and supports.
Section two of this bill amends Section 19.09 of the mental hygiene law
by adding a new subdivision (m) to read as follows: (m) The commissioner
shall, in conjunction with the commissioner of the office of mental
health, develop a licensing program wherein facilities can be dually
licensed by both the office and the office of mental health.
Section three of this bill establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
According to the Substance Abuse and Mental Health Services Adminis-
tration SAMHSA) the coexistence of both a mental health disorder and a
substance use disorder is defined as a co-occurring disorder. A 2022
National survey on Drug Use and Health showed that approximately 21.5
million adults in the US have a co-occurring disorder. This is not
entirely surprising since The National Institute of Drug Abuse estimates
that approximately 50% of people with mental illnesses will develop a
substance use disorder over the course of their lifetimes, and 50% of
those with substance use disorders will develop a mental health condi-
tion. Juveniles with substance use disorders often have co-occurring
mental health conditions such as depression and anxiety.
Disturbingly, people with co-occurring disorders are unlikely to receive
treatment for more than one disorder, even though research demonstrates
that simultaneous, coordinated treatment for multiple diagnoses produces
better outcomes compared. with separate treatment for only mental
illness or substance use disorder alone.
According to the National Institutes of Health what is needed for co-oc-
curring disorder patients is a "No wrong door" policy. This means that
people presenting for treatment for a mental disorder should be routine-
ly screened for substance use disorder, and all people presenting for
treatment for substance use disorders should be screened for mental
disorders.
Together with early detection, integrated treatment can improve outcomes
and quality of life for people with co-occurring disorders, including
reduced or discontinued substance use; improvement in psychiatric symp-
toms and functioning; increased chance for successful treatment and
recovery for both disorders; improved quality of life; decreased hospi-
talization; reduced medication interactions; increased housing stability
and fewer arrests.
This bill shall permit facilities to be dually licensed under the office
of mental health and the office of addiction services and support.
Through this dual licensing, facilities will be able to more effectively
treat those that simultaneously suffer from substance use disorder and
mental health conditions. Outcomes for these individuals will be more
positive since they will have access to treatment for both issues under
one roof.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
5103--A
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. K. BROWN, McDONOUGH, DeSTEFANO -- Multi-Sponsored
by -- M. of A. PALMESANO -- read once and referred to the Committee on
Mental Health -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to permitting facil-
ities to be dually licensed under the office of mental health and the
office of addiction services and supports
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7.09 of the mental hygiene law is amended by adding
2 a new subdivision (n) to read as follows:
3 (n) The commissioner shall, in conjunction with the commissioner of
4 the office of addiction services and supports, develop a licensing
5 program wherein facilities can be dually licensed by both the office and
6 the office of addiction services and supports.
7 § 2. Section 19.09 of the mental hygiene law is amended by adding a
8 new subdivision (m) to read as follows:
9 (m) The commissioner shall, in conjunction with the commissioner of
10 the office of mental health, develop a licensing program wherein facili-
11 ties can be dually licensed by both the office and the office of mental
12 health.
13 § 3. This act shall take effect on the ninetieth day after it shall
14 have become a law. Effective immediately, the addition, amendment and/or
15 repeal of any rule or regulation necessary for the implementation of
16 this act on its effective date are authorized to be made and completed
17 on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08786-02-5
