New York S 10389: Requires mental health evaluations for participants in substance use disorder treatment programs

Bill Text

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S10389 Summary:

BILL NOS10389 

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SAME ASSAME AS A00817

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SPONSORSANDERS

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COSPNSR

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MLTSPNSR

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Amd §19.09, Ment Hyg L

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Requires the commissioner of the office of addiction services and supports to require mental health evaluations for participants in substance use disorder treatment programs and to promulgate rules and regulations to effectuate such requirement.

Go to top S10389 Actions:

BILL NOS10389 

&nbsp

05/15/2026REFERRED TO MENTAL HEALTH

Go to topS10389 Committee&nbspVotes:

Go to topS10389 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10389 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10389

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. SANDERS -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health

 AN ACT to amend the mental hygiene law, in relation to requiring mental
 health evaluations for participants in substance use disorder treat-
 ment programs

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 19.09 of the mental hygiene law is amended by
 2 adding a new subdivision (m) to read as follows:
 3 (m)(1) Notwithstanding any provision of law to the contrary, the
 4 commissioner shall require all certified substance use disorder treat-
 5 ment-related programs approved by the office to provide program partic-
 6 ipants with a mental health evaluation conducted by a licensed profes-
 7 sional whose scope of practice includes the diagnosis of mental health
 8 disorders who shall, if appropriate, refer the participant for outpa-
 9 tient mental health treatment. Transportation services to such outpa-
 10 tient treatment shall be provided to a participant.
 11 (2) The office shall establish a bureau of qualified licensed provid-
 12 ers for all licensed professionals as defined in paragraph one of this
 13 subdivision who shall provide such evaluation pursuant to this subdivi-
 14 sion.
 15 (3) As an alternative to the provisions of paragraph one of this
 16 subdivision, programs certified by the office may choose to utilize
 17 their own employees or independent contractors to provide both the eval-
 18 uation referred to in paragraph one of this subdivision and the treat-
 19 ment of persons with co-occurring disorders. Notwithstanding any law,
 20 rule, or regulation to the contrary, the commissioner is authorized to
 21 certify such programs for the outpatient treatment of patients diagnosed
 22 with co-occurring disorders provided in OASAS-certified facilities,
 23 provided that such programs shall use only providers of the type
 24 described in paragraph one of this subdivision.
 25 (4) No primary diagnosis shall be required for a person to be treated
 26 in a program for co-occurring disorders. A mental health diagnosis shall

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03378-01-5

 S. 10389 2

 1 not be a basis for the denial of admission to, or the expulsion from, a
 2 certified substance use disorder treatment facility.
 3 (5) The commissioner shall endeavor to ensure that all existing
 4 provisions of this chapter are complied within the establishment of
 5 programs for persons with co-occurring disorders, but the commissioner
 6 may, in the course of the regulatory process, determine that any such
 7 provisions are an obstacle to fulfillment of effective treatment of
 8 co-occurring disorders and, as such, shall not be part of the certif-
 9 ication process under this article.
 10 (6) Notwithstanding any other provision of law to the contrary, the
 11 bureau established pursuant to paragraph two of this subdivision and the
 12 programs for co-occurring disorders described in paragraph three of this
 13 subdivision, shall have access to all prior substance abuse and mental
 14 health treatment records for use in the evaluation prescribed in para-
 15 graph one of this subdivision and all other treatment related purposes.
 16 (7) The commissioner shall promulgate rules and regulations necessary
 17 for the effectuation of this section, including the use of telehealth
 18 services, appropriate reimburseme