What's happening
Stephen's Law requires healthcare providers to notify authorized contacts if a patient in chemical dependence treatment misses appointments, tests positive, or shows life-threatening behavior.
Why it matters
Expands communication between treatment providers and support networks. By mandating notification to authorized contacts when patients miss appointments, test positive for substances, or show life-threatening behavior, the law aims to better involve families or trusted individuals in recovery—potentially catching relapses or crises sooner.
Limits on patient revocation of consent during crises. If a triggering event (missed appointment, positive test, or life-threatening behavior) occurs, patients cannot revoke their prior consent to share information with authorized parties until the original or updated expiration date, ensuring that support contacts stay informed during critical periods.
Streamlines and clarifies notification procedures. The law sets a cap of three contacts per incident, minimizing administrative burden on providers, and requires the creation of an updated consent form with clear spaces for up-to-date contact info, making it easier and more reliable to reach authorized individuals.
Introduces advance warning for expiring consents. The law requires the state office to notify authorized contacts at least seven days before their right to receive information expires, helping families and providers avoid accidental lapses in communication during ongoing treatment.
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Who cares
Headline styles
Alert Families on Relapses
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Referred to alcoholism and substance abuse
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1288
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse
AN ACT to amend the mental hygiene law, in relation to notice to certain persons of a patient previously treated in a chemical dependence program or facility
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as "Stephen's law".
§ 2. The mental hygiene law is amended by adding a new section 22.09-a to read as follows: § 22.09-a Notice to certain persons of patients previously treated.
(a) When a patient who has previously been treated in a chemical dependence program, service or treatment facility does not attend a scheduled appointment; tests positive for any controlled substance; or demonstrates behavior or conditions which may cause life-threatening harm to such patient, a health care provider treating or observing such patient shall notify all parties to whom the patient has authorized consent for the release of medical information.
(b) The health care provider shall only be required to use contact information as specified on the form authorizing consent for the release of medical information. A party which does not list contact information on such form waives its right to receive notice of occurrences under this section.
(c) The office shall notify a party who is authorized to receive medical information of the impending expiration of such authorization no less than seven calendar days before the expiration date.
(d) Upon the occurrence of any circumstance under subdivision (a) of this section, a patient may not revoke his or her consent for the release of information to any party. The consent shall remain in effect
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05434-02-9
S. 1288 2
until it expires pursuant to the terms originally specified at the time the consent was signed or subsequently updated.
(e) A health care provider shall not be required to contact more than three parties for any single occurrence.
§ 3. The office of alcoholism and substance abuse services shall update the TRS-2 form (Consent for Release of Information Concerning Alcoholism/Drug Abuse Patient) to include a space in which a signatory may add immediate contact information for persons who are authorized to receive medical information, including but not limited to a phone number and/or an email address. The updated form shall be published no more than ninety days after the effective date of this act.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to notice to certain persons of a patient previously treated in a chemical dependence program or facility
Purpose
This bill would require medical providers to alert certain individuals who have a patient's consent to access medical information when that patient demonstrates warning signs of relapse.
Summary of provisions
Section 1 titles the bill "Stephen's Law."
Section 2 requires that when a medical provider who notices a patient with a history of drug abuse has relapsed, missed appointments, or shown other behavior that could be life threatening, that medical provider must inform of the occurrence parties who have been given consent to access medical information. Section 2 also specifies that a patient may not revoke consent of release of information after a provider has observed a warning sign. Lastly, the section requires that a provider is not required to contact more than three parties.
Section 3 directs OASAS to update its TRS-2 consent form to include contact information.
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 died 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 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 directs medical providers to make a quick call to a patient's loved ones - individuals who already have the patient's consent to access their medical information - and inform them of observations that could be warning signs of relapse and save a life.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
180 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.