S 5382 NY
Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals
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Summary
This bill amends the Mental Hygiene Law to establish privacy requirements for the construction of chemical dependence treatment facilities. Facilities that receive funding from the state's office of addiction services and supports or seek alternative funding sources must obtain prior approval from the commissioner before construction. The law requires that new facilities be designed and constructed in a manner that promotes privacy during bathing, sleeping, restroom use, and individual counseling services, while also maximizing the efficient use of the facility. These privacy considerations apply only to new construction; existing facilities that do not meet privacy standards will not be required to comply or prevented from receiving commissioner approval for new construction. The act takes effect immediately.
AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.
Official abstract
Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals while bathing, sleeping, using restrooms and receiving individual counseling services, while also allowing for maximization of the use of such facility.
Sponsor (1)
- Pete Harckham Democratic · primary
1 coauthor / cosponsor
- Robert Rolison Republican · cosponsor
Action history (15)
- Feb 21, 2025 REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS · upper
- Jun 9, 2025 COMMITTEE DISCHARGED AND COMMITTED TO RULES · upper
- Jun 9, 2025 ORDERED TO THIRD READING CAL.1629 · upper
- Jun 10, 2025 PASSED SENATE · upper
- Jun 10, 2025 DELIVERED TO ASSEMBLY · upper
- Jun 10, 2025 REFERRED TO ALCOHOLISM AND DRUG ABUSE · lower
- Jan 7, 2026 DIED IN ASSEMBLY · lower
- Jan 7, 2026 RETURNED TO SENATE · lower
- Jan 7, 2026 REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS · upper
- Jan 29, 2026 1ST REPORT CAL.212 · upper
- Feb 3, 2026 2ND REPORT CAL. · upper
- Feb 4, 2026 ADVANCED TO THIRD READING · upper
- May 19, 2026 PASSED SENATE · upper
- May 19, 2026 DELIVERED TO ASSEMBLY · upper
- May 19, 2026 REFERRED TO WAYS AND MEANS · lower
Text versions (2)
Full text
Full text imported from assembly.state.ny.us
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Bill No.: Summary Actions Committee Votes Floor Votes Memo Text LFIN Chamber Video/Transcript S05382 Summary: BILL NO S05382   SAME AS SAME AS A11003
  SPONSOR HARCKHAM   COSPNSR ROLISON   MLTSPNSR   Amd §32.29, Ment Hyg L   Relates to the construction of facilities for chemical dependence services that promote the privacy of individuals while bathing, sleeping, using restrooms and receiving individual counseling services, while also allowing for maximization of the use of such facility.
Go to top S05382 Text:
STATE OF NEW YORK ________________________________________________________________________
5382
2025-2026 Regular Sessions
IN SENATE
February 21, 2025 ___________
Introduced by Sens. HARCKHAM, ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Use Disorders
AN ACT to amend the mental hygiene law, in relation to the construction of facilities for chemical dependence services that promote the priva- cy of individuals
The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision (b) of section 32.29 2 of the mental hygiene law, as added by chapter 558 of the laws of 1999, 3 is amended and a new paragraph 4 is added to read as follows: 4 The construction of a facility shall require the prior approval of 5 such commissioner if the provider of services seeking to engage in such 6 construction receives funding from the office of [ alcoholism and 7 substance abuse ] addiction services and supports pursuant to this chap- 8 ter and/or seeks a funding source for such construction project other 9 than from the mental health services facilities improvement program, or 10 its successor agency, directly or indirectly through a closely related 11 entity ; provided, however, that such facilities shall be designed and 12 constructed in a manner that promotes privacy while bathing, sleeping, 13 using restrooms and receiving individual counseling services, while also 14 allowing for maximization of the use of such facility . 15 4. The determinations regarding privacy considerations as required 16 under this subdivision shall only apply to new construction. The fail- 17 ure to meet privacy considerations in existing construction shall not 18 impede the commissioner's approval of new construction. 19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10089-01-5
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