What's happening
This bill renames the Office of Alcoholism and Substance Abuse Services to the Office of Addiction Services and Supports, updates related definitions, and broadens its scope to include all addictive disorders, such as gambling.
Why it matters
Expands State Responsibility. By redefining the agency’s scope to include all “addictive disorders”—not just alcoholism and substance abuse, but also gambling disorder and future DSM-defined addictions—this bill commits New York State to a broader, more modern role in prevention, treatment, and recovery services across a wider spectrum of behavioral health issues.
Promotes Integrated Care. The new definitions and language support a more integrated approach to addiction care. Services, treatment facilities, and programs are now expressly authorized and encouraged to address multiple types of addiction (e.g., substance use and gambling) rather than operating in silos.
Modernizes Legal Framework. Updating legal language to match current psychiatric standards (DSM) and eliminating outdated or redundant definitions aligns state law with contemporary clinical understanding, potentially improving service quality, funding eligibility, and public perception of addiction as a health issue rather than a moral failing.
Affects Service Access and Rights. The bill’s broadening of definitions and protections means more New Yorkers—such as those suffering from gambling disorder—will be entitled to state-supported services and civil rights protections, possibly reducing stigma and expanding access to care and recovery supports.
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Who cares
Headline styles
Rename Addiction Services Office
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A7347
- Ordered to third reading cal.1748
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Rename Addiction Services Office
Signed by Governor · Sponsor Linda Rosenthal
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6591
2019-2020 Regular Sessions
IN SENATE
June 17, 2019
Introduced by Sen. HARCKHAM -- (at request of the Office of Alcoholism and Substance Abuse Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to definitions related to addiction disorders, to change the name of the office of alcoholism and substance abuse services, and the scope of responsibilities of such office; and to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 2, 3 and 4 of section 1.03 of the mental hygiene law, subdivision 2 as amended by chapter 168 of the laws of 2010 and subdivisions 3 and 4 as amended by section 4 of part MM of chapter 58 of the laws of 2015, are amended to read as follows:
2. "Commissioner" means the commissioner of mental health, the commissioner of developmental disabilities and the commissioner of [alcoholism and substance abuse services] addiction services and supports as used in this chapter. Any power or duty heretofore assigned to the commissioner of mental hygiene or to the department of mental hygiene pursuant to this chapter shall hereafter be assigned to the commissioner of mental health in the case of facilities, programs, or services for individuals with mental illness, to the commissioner of developmental disabilities in the case of facilities, programs, or services for individuals with developmental disabilities, to the commissioner of [alcoholism and substance abuse services] addiction services and supports in the case of facilities, programs, or addiction disorder services [for alcoholism, alcohol abuse, substance abuse, substance dependence, and chemical dependence] in accordance with the provisions of titles D and E of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09086-01-9
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3. "Mental disability" means mental illness, intellectual disability, developmental disability, [alcoholism, substance dependence, or chemical dependence] or an addictive disorder as defined in this section.
4. "Services for persons with a mental disability" means examination, diagnosis, care, treatment, rehabilitation, supports, habilitation or training [of the mentally disabled] or as may be more specifically defined in this section.
§ 2. Subdivision 12 of section 1.03 of the mental hygiene law is REPEALED and a new subdivision 12 is added to read as follows:
12. "Addictive disorder" or "addiction disorder" for purposes of this chapter means substance use disorder or gambling disorder as such terms are defined in this section and derived from the most recent edition of the diagnostic and statistical manual of mental disorders (DSM), published by the American Psychiatric Association.
§ 3. Subdivisions 13, 14, 15, 16, 18, 25, 29, 40, 41, 43, 44, 45 and 57 of section 1.03 of the mental hygiene law are REPEALED.
§ 4. Subdivision 17 of section 1.03 of the mental hygiene law, as amended by chapter 223 of the laws of 1992, is amended to read as follows:
17. "Addiction treatment facility" or "Alcoholism facility" means an in-patient, residential or outpatient facility in the department [designated by the commissioner of alcoholism and substance abuse services as] suitable for the [care and treatment of alcoholics or an in-patient facility which has been approved by such commissioner as suitable for the care and treatment of] provision of addiction disorder services to persons suffering from [alcoholism] an addictive disorder and which has been issued an operating certificate [by such commissioner] pursuant to article thirty-two of this chapter.
§ 5. Subdivision 19 of section 1.03 of the mental hygiene law, as added by chapter 978 of the laws of 1977, is amended to read as follows:
19. "Significant other" means a relative, close friend, associate or individual otherwise concerned with the welfare of a person suffering from [alcohol and/or substance abuse] an addictive disorder when that individual is directly affected by the person's [alcoholism and/or substance abuse] addictive disorder.
§ 6. Subdivisions 38 and 39 of section 1.03 of the mental hygiene law, subdivision 38 as amended by chapter 223 of the laws of 1992 and subdivision 39 as added by chapter 819 of the laws of 1992, are amended to read as follows:
38. "Residential services facility" or "Alcoholism community residence" means any facility licensed or operated [by the office of alcoholism and substance abuse services] pursuant to article thirty-two of this chapter which provides [a supervised residence for persons suffering from alcoholism or alcohol abuse] residential services for the treatment of an addiction disorder and a homelike environment, including room, board and responsible supervision [for the rehabilitation of such persons] as part of an overall service delivery system.
39. "Employee assistance program" means a confidential program designed to assist employees and their families, through identification, motivation referral, and follow-up, with problems that may interfere with the employees' ability to perform on the job effectively, efficiently and safely. Such problems include [alcohol and substance abuse problems] addictive disorders, emotional, marital, family, and other personal problems.
§ 7. Subdivision 42 of section 1.03 of the mental hygiene law, as added by chapter 223 of the laws of 1992, is amended to read as follows:
S. 6591 3
42. "Substance use disorder program" or "Substance abuse program" shall mean any public or private person, corporation, partnership, agency, either profit or non-profit, or state or municipal government which provides [substance abuse] substance use disorder services, in either a residential or ambulatory setting, to persons [who are substance abusers, substance dependent,] in need of services [to avoid becoming substance abusers, substance dependent or to significant others] for the prevention of, or treatment and recovery from a substance use disorder. Any person or entity providing such services as a minor part of a general health or counseling unit subject to regulations promulgated by the commissioner and other appropriate agencies shall not be considered a substance [abuse] use disorder program.
§ 8. Subdivisions 54, 55, 56 and 58 of section 1.03 of the mental hygiene law, subdivision 54 as added by chapter 83 of the laws of 1995, subdivision 55 as added by chapter 558 of the laws of 1999 and subdivisions 56 and 58 as added by section 1 of part N of chapter 56 of the laws of 2012, are amended to read as follows:
54. ["Compulsive gambling] "Gambling disorder" means an [impulse control disorder] addictive disorder, as defined by the most recent edition of the diagnostic and statistical manual of mental disorders (DSM), published by the American Psychiatric Association, characterized by repeated problematic gambling behavior which causes significant problems or distress. Unless otherwise provided, for the purposes of this chapter, the term gambling disorder shall mean and include compulsive gambling, pathological gambling or problem gambling.
55. ["Chemical dependence] "Addiction disorder services" or "addiction services" shall mean engagement to treatment, examination, evaluation, diagnosis, care, treatment, rehabilitation, [or] relapse prevention and recovery maintenance, and related education and training of persons suffering from [alcohol and/or substance abuse and/or dependence] or recovering from an addictive disorder and their significant others. Unless otherwise provided, for the purposes of this chapter, the term addiction disorder services shall mean and include "chemical dependence services," [shall mean and include] alcoholism and/or substance abuse services, substance use disorder services, substance dependence, and gambling disorder services.
56. "Substance use disorder" means [the misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental] recurrent use of alcohol and/or legal or illegal drugs causing clinical and functionally significant impairment to the individual's physical and mental health, or the welfare of others [and shall include]. Unless otherwise provided, for the purposes of this chapter the term substance use disorder shall mean and include alcoholism, alcohol abuse, drug abuse, substance abuse, substance dependence, chemical abuse, and/or chemical dependence.
58. "Behavioral health services" means examination, diagnosis, care, treatment, rehabilitation, or training for persons with mental illness, [substance use disorder, or compulsive gambling disorder] or addictive disorders.
§ 9. Section 1.03 of the mental hygiene law is amended by adding a new subdivision 2-a to read as follows:
2-a. Notwithstanding any other section of law or regulation, on and after the effective date of this subdivision, any and all references to the office of alcoholism and substance abuse services and the predecessor agencies to the office of alcoholism and substance abuse services including the division of alcoholism and alcohol abuse and the division
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of substance abuse services, shall be known as the "office of addiction services and supports." Nothing in this subdivision shall be construed as requiring or prohibiting the further amendment of statutes or regulations to conform to the provisions of this subdivision.
§ 10. Section 5.01 of the mental hygiene law, as amended by chapter 168 of the laws of 2010, is amended to read as follows: § 5.01 Department of mental hygiene.
There shall continue to be in the state government a department of mental hygiene. Within the department there shall be the following autonomous offices:
(1) office of mental health;
(2) office for people with developmental disabilities;
(3) office of [alcoholism and substance abuse] addiction services and supports.
§ 11. Section 5.03 of the mental hygiene law, as amended by chapter 168 of the laws of 2010, is amended to read as follows: § 5.03 Commissioners.
The head of the office of mental health shall be the commissioner of mental health; the head of the office for people with developmental disabilities shall be the commissioner of developmental disabilities; and the head of the office of [alcoholism and substance abuse services] addiction services and supports shall be the commissioner of [alcoholism and substance abuse services] addiction services and supports. Each commissioner shall be appointed by the governor, by and with the advice and consent of the senate, to serve at the pleasure of the governor.
§ 12. Subdivisions (b) and (c) of section 19.07 of the mental hygiene law, subdivision (b) as amended by chapter 271 of the laws of 2010 and subdivision (c) as added by chapter 223 of the laws of 1992, are amended to read as follows:
(b) The office of alcoholism and substance abuse services shall advise and assist the governor in improving services and developing policies designed to meet the needs of persons who [abuse or are dependent on alcohol and/or substances] suffer from an addictive disorder and their families, and to encourage their rehabilitation, maintenance of recovery, and functioning in society.
(c) The office of alcoholism and substance abuse services shall have the responsibility for seeing that persons who [abuse or are dependent on alcohol and/or substances] suffer from an addictive disorder and their families are provided with addiction services, care and treatment, and that such services, care, treatment and rehabilitation is of high quality and effectiveness, and that the personal and civil rights of persons seeking and receiving addiction services, care, treatment and rehabilitation are adequately protected.
§ 13. This act shall take effect immediately.
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 definitions related to addiction disorders, to change the name of the office of alcoholism and substance abuse services, and the scope of responsibilities of such office; and to repeal certain provisions of such law relating thereto
Purpose
An act to amend the mental hygiene law in relation to removing outdated and demeaning definitions related to addiction disorders, to change the name of the Office to de-stigmatize the disease of addiction, and to clarify the scope of Office responsibilities.
Summary
Sections 1-8: Section 1.03 of the mental hygiene law (Definitions) is amended to delete or amend certain definitions which are outdated, unnecessary, repetitive or demeaning to persons suffering from the addictive disorders of substance use disorder and gambling disorder; such terms include "alcoholism," "alcoholic," "alcoholic beverage," "recovered alcoholic," "alcohol abuse," variations on the use of "substance" or "chemical dependence," gambling disorder as an "impulse control disorder," and others. Section 1.03 also amended to conform the definition of Commissioner to correspond to the change in agency name proposed in section 9 of this bill.
Section 9: The proposal amends section 1.03 of the mental hygiene law to direct that any and all references to the Office of Alcoholism and Substance Abuse Services and its predecessor agencies, subsequent to the effective date of the act be hereafter known as the "Office of Addiction Services and Supports" keeping the OASAS acronym but removing the stig- matizing terms of "alcoholism" and "substance abuse."
Section 10: Amends section 5.01 of the mental hygiene law regarding the definition of the Department of Mental Hygiene to change the name of the office as proposed in section 9 of this bill.
Section 11: Amends section 5.03 of the mental hygiene law identifying the commissioners in the Department of Mental Hygiene to correspond to the change in the name of the office as proposed in section 9 of this bill.
Section 12: Amends subdivisions (b) and (c) of section 19.07 of the mental hygiene law to clarify the scope of Office responsibilities regarding provision of addiction services.
Section 13: Makes this act effective immediately.
Justification
This proposal updates statute to reflect language usage responding to medical and social developments and understanding about the nature of addictive disorders. The DMS-V has eliminated the use of such terms as "alcoholism"; federal CMS is adopting DSM-V more inclusive term of "addictive disorder." Treatment professionals are reframing their clin- ical standards with language that is accepting of addiction disorders as brain function disorders, correcting years of stigmatization of these disorders as personal or moral failings or a lack of impulse control. OASAS facilities are no longer "alcoholism facilities"; they are centers for the specialized treatment of addiction disorders, including gambling and substance use. This proposal corrects this language usage wherever possible, while being mindful of the multiple cross references in stat- ute to existing definitions.
Similar to the office of people with developmental disabilities agency name change in 2010, the agency name should be updated to remove offen- sive language from the title and purpose. This is indicative of the growing consensus to treat substance use disorder and gambling disorder as chronic conditions. The Office also oversees the provision of gambl- ing services which are not represented by the current agency name and would be included in the new name of "Office of Addiction Services and Supports."
Legislative history
None.
Fiscal impact
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.