NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9536
SPONSOR: McDonald TITLE OF BILL:
An act to amend the mental hygiene law, in relation to requiring certi-
fied treatment programs to notify patients of their right to name an
emergency contact
PURPOSE:
This bill would require that all certified treatment programs notify
every patient of their right to identify individuals who should be
contacted in case of emergency, as such term is defined by the commis-
sioner.
SUMMARY OF PROVISIONS:
Section 1 titles the bill "Stephen's Law".
Section 2 amends the mental hygiene law by adding 32.17-a which would
require all certified treatment programs notify every patient of their
right to identify individuals who should be contacted in case of emer-
gency, as such term is defined by the commissioner.
Section 3 directs OASAS to develop guidelines to help patients to iden-
tify individuals who can assist in their treatment and recovery and
those who can serve as emergency contacts.
Section 4 sets the effective date.
JUSTIFICATION:
On the morning of August 24th, 2018, the mother of Stephen Canastraro
Jr, went to wake him, only to find him cold and unresponsive. Stephen
dies due to large gaps in our treatment system. Through this painful
journey, Stephen and his family learned how difficult it is to navigate
health care and support for Substance Abuse Disorder and Mental Health.
Stephen wanted so desperately to get better but could not do this on his
own.
In the days prior to his death, Stephen demonstrated to the provider
some warning signs of relapse, such as missed appointments and drug use.
Today's drugs kill faster than cancer, and as fast as a massive heart
attack. Every minute counts battling this disease.
On August 22nd, the provider was aware of Stephen failing a.urine test,
and let Stephen return home.
Stephen signed a New York State release form that granted access to
medical information to his mother and to Save the Michaels of the World,
a non-profit organization that provides support to those struggling with
addiction. However, neither Stephen's mother nor Save the Michaels were
notified of his missed appointments or positive drug screens. One phone
call on August 22nd -- two days before Stephen died - could have saved
Stephen's life.
This bill, named in Stephen's memory, simply requires that certified
treatment programs notify patients of their rights to identify individ-
uals who should be contacted in case of emergency.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect 180 days after becoming a law.
STATE OF NEW YORK
________________________________________________________________________
9536
IN ASSEMBLY
January 24, 2020
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to requiring certi-
fied treatment programs to notify patients of their right to name an
emergency contact
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Stephen's
2 law".
3 § 2. The mental hygiene law is amended by adding a new section 32.17-a
4 to read as follows:
5 § 32.17-a Notification of emergency contact.
6 Every certified treatment program shall notify every patient of their
7 right to identify individuals who should be contacted in case of emer-
8 gency, as such term is defined by the commissioner.
9 § 3. The office of addiction services and supports shall develop
10 guidelines to encourage certified treatment programs to work with
11 patients to identify individuals who can assist in their treatment and
12 recovery, and to identify those individuals who can serve as an emergen-
13 cy contact person for such patient. Such guidelines shall provide
14 instruction to certified treatment programs regarding recommended proto-
15 cols for communicating with emergency contacts.
16 § 4. This act shall take effect on the one hundred twentieth day after
17 it shall have become a law. Effective immediately, the development of
18 guidelines necessary for the implementation of this act on its effective
19 date are authorized to be made and completed on or before such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05434-10-0
