Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
2398
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. GALLAGHER, ROSENTHAL, SIMON, STIRPE, K. BROWN --
read once and referred to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the judiciary law, the mental hygiene law, the public
health law, the county law, and the general city law, in relation to
replacing the words addict and addicts with the words person with
substance use disorder or variation thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 1 of section 35 of the judiciary
law, as amended by chapter 479 of the laws of 2022, is amended to read
as follows:
a. When a court orders a hearing in a proceeding upon a writ of habeas
corpus to inquire into the cause of detention of a person in custody in
a state institution, or when it orders a hearing in a civil proceeding
to commit or transfer a person to or retain [him] A PERSON in a state
institution when such person is alleged to be mentally ill, mentally
defective or a [narcotic addict] PERSON WITH SUBSTANCE USE DISORDER, or
when it orders a hearing for the commitment of the guardianship and
custody of a child to an authorized agency by reason of the mental
illness or developmental disability of a parent, or when it orders a
hearing to determine whether consent to the adoption of a child shall be
required of a parent who is alleged to be mentally ill or develop-
mentally disabled, or when it orders a hearing to determine the best
interests of a child when the parent of the child revokes a consent to
the adoption of such child and such revocation is opposed or in any
adoption or custody proceeding if it determines that assignment of coun-
sel in such cases is mandated by the constitution of this state or of
the United States, the court may assign counsel to represent such person
if it is satisfied that [he] SUCH PERSON is financially unable to obtain
counsel. Upon an appeal taken from an order entered in any such proceed-
ing, the appellate court may assign counsel to represent such person
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00782-01-5
A. 2398 2
upon the appeal if it is satisfied that [he] SUCH PERSON is financially
unable to obtain counsel.
§ 2. Subdivision 4 of section 35 of the judiciary law, as amended by
section 3 of part GG of chapter 56 of the laws of 2023, is amended to
read as follows:
4. In any proceeding described in paragraph a of subdivision one of
this section, when a person is alleged to be mentally ill, mentally
defective or a [narcotic addict] PERSON WITH SUBSTANCE USE DISORDER, the
court which ordered the hearing may appoint no more than two psychia-
trists, certified psychologists or physicians to examine and testify at
the hearing upon the condition of such person. A psychiatrist, psychol-
ogist or physician so appointed shall, upon completion of their
services, receive reimbursement for expenses reasonably incurred and
reasonable compensation for such services, to be fixed by the court.
Such compensation shall not exceed three thousand dollars, except that
in extraordinary circumstances the court may provide for compensation in
excess of the foregoing limits.
§ 3. Paragraph (i) of subdivision (b) of section 32.05 of the mental
hygiene law, as amended by section 3 of part Z of chapter 57 of the laws
of 2019, is amended to read as follows:
(i) Methadone, or such other controlled substance designated by the
commissioner of health as appropriate for such use, may be administered
to [an addict] A PERSON WITH SUBSTANCE USE DISORDER, as defined in
section thirty-three hundred two of the public health law, by individual
physicians, groups of physicians and public or private medical facili-
ties certified pursuant to article twenty-eight or thirty-three of the
public health law as part of a chemical dependence program which has
been issued an operating certificate by the commissioner pursuant to
subdivision (b) of section 32.09 of this article, provided, however,
that such administration must be done in accordance with all applicable
federal and state laws and regulations. Individual physicians or groups
of physicians who have obtained authorization from the federal govern-
ment to administer buprenorphine to [addicts] PEOPLE WITH SUBSTANCE USE
DISORDER may do so without obtaining an operating certificate from the
commissioner.
§ 4. Paragraph 5 of subdivision (b) of section 32.09 of the mental
hygiene law, as added by chapter 558 of the laws of 1999, is amended to
read as follows:
5. the applicant will establish procedures to effectively implement a
detoxification program to further relieve [addicts] PEOPLE WITH
SUBSTANCE USE DISORDER from dependence upon methadone or such other
controlled substances prescribed for treatment in subject maintenance
programs.
§ 5. Subdivision 1 of section 3302 of the public health law, as
amended by chapter 92 of the laws of 2021, is amended to read as
follows:
1. ["Addict"] "PERSON WITH SUBSTANCE USE DISORDER" means a person who
habitually uses a controlled substance for a non-legitimate or unlawful
use, and who by reason of such use is dependent thereon.
§ 6. Subdivision 1 of section 3331 of the public health law, as added
by chapter 878 of the laws of 1972, is amended to read as follows:
1. Except as provided in titles III or V of this article, no substance
in schedules II, III, IV, or V may be prescribed for or dispensed or
administered to [an addict] A PERSON WITH SUBSTANCE USE DISORDER or
habitual user.
A. 2398 3
§ 7. The title heading of title V of article 33 of the public health
law, as added by chapter 878 of the laws of 1972, is amended to read as
follows:
DISPENSING TO [ADDICTS] PERSONS WITH SUBSTANCE USE
DISORDER AND HABITUAL USERS
§ 8. Section 3350 of the public health law, as added by chapter 878 of
the laws of 1972, is amended to read as follows:
§ 3350. Dispensing prohibition. Controlled substances may not be
prescribed for, or administered or dispensed to [addicts] PERSONS WITH
SUBSTANCE USE DISORDER or habitual users of controlled substances,
except as provided by this title or title III.
§ 9. Section 3351 of the public health law, as added by chapter 878 of
the laws of 1972, subdivision 5 as amended by chapter 558 of the laws of
1999, is amended to read as follows:
§ 3351. Dispensing for medical use. 1. Controlled substances may be
prescribed for, or administered or dispensed to [an addict] A PERSON
WITH SUBSTANCE USE DISORDER or habitual user:
(a) during emergency medical treatment unrelated to abuse of
controlled substances;
(b) who is a bona fide patient suffering from an incurable and fatal
disease such as cancer or advanced tuberculosis;
(c) who is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
2. Controlled substances may be ordered for use by [an addict] A
PERSON WITH SUBSTANCE USE DISORDER or habitual user by a practitioner
and administered by a practitioner or registered nurse to relieve acute
withdrawal symptoms.
3. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be ordered for use of [an
addict] A PERSON WITH SUBSTANCE USE DISORDER by a practitioner and
dispensed or administered by a practitioner or [his] A PRACTITIONER'S
designated agent as interim treatment for [an addict] A PERSON WITH
SUBSTANCE USE DISORDER on a waiting list for admission to an authorized
maintenance program.
4. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to [an
addict] A PERSON WITH SUBSTANCE USE DISORDER by a practitioner or by
[his] A PRACTITIONER'S designated agent acting under the direction and
supervision of a practitioner, as part of a regime designed and intended
to withdraw a patient from addiction to controlled substances.
5. Methadone, or such other controlled substance designated by the
commissioner as appropriate for such use, may be administered to [an
addict] A PERSON WITH SUBSTANCE USE DISORDER by a practitioner or by
[his] A PRACTITIONER'S designated agent acting under the direction and
supervision of a practitioner, as part of a substance [abuse] USE or
chemical dependence program approved pursuant to article [twenty-three
or] thirty-two of the mental hygiene law.
§ 10. Section 3372 of the public health law, as amended by chapter 195
of the laws of 1973, is amended to read as follows:
§ 3372. Practitioner patient reporting. It shall be the duty of every
attending practitioner and every consulting practitioner to report
promptly to the commissioner, or [his] THE COMMISSIONER'S duly desig-
nated agent, the name and, if possible, the address of, and such other
A. 2398 4
data as may be required by the commissioner with respect to, any person
under treatment if [he] THE PRACTITIONER finds that such person is [an
addict] A PERSON WITH SUBSTANCE USE DISORDER or a habitual user of any
narcotic drug. Such report shall be kept confidential and may be
utilized only for statistical, epidemiological or research purposes,
except that those reports which originate in the course of a criminal
proceeding other than under section 81.25 of the mental hygiene law
shall be subject only to the confidentiality requirements of section
thirty-three hundred seventy-one of this article.
§ 11. Subdivisions 2 and 3 of section 396-h of the county law, as
added by chapter 818 of the laws of 1971, are amended to read as
follows:
2. To establish in-patient and out-patient treatment facilities for
persons [addicted to the use of drugs and drug abusers] WITH SUBSTANCE
USE DISORDERS. Such facilities shall include, but shall not be limited
to:
a. detoxification centers and clinics for the out-patient treatment of
[drug abusers and addicts] PERSONS WITH SUBSTANCE USE DISORDERS;
b. a treatment center where [drug abusers and addicts] PERSONS WITH
SUBSTANCE USE DISORDERS may obtain professional counseling from physi-
cians, psychologists, psychiatrists and where possible, [former drug
abusers and addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
c. half-way houses to provide continuing treatment for [drug abusers
and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
3. To create a referral program whereby [drug abusers, addicts]
PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies concerned
with their treatment will make use of the aforementioned treatment
facilities;
§ 12. Subdivisions 2 and 3 of section 121 of the general city law, as
added by chapter 820 of the laws of 1971, are amended to read as
follows:
2. To establish in-patient and out-patient treatment facilities for
persons [addicted to the use of drugs and drug abusers] WITH SUBSTANCE
USE DISORDERS. Such facilities shall include, but shall not be limited
to:
a. detoxification centers and clinics for the out-patient treatment of
[drug abusers and addicts] PERSONS WITH SUBSTANCE USE DISORDERS;
b. a treatment center where [addicts] PERSONS WITH SUBSTANCE USE
DISORDERS may obtain professional counseling from physicians, psychol-
ogists, psychiatrists and where possible, [former drug abusers and
addicts] OTHER PERSONS WITH SUBSTANCE USE DISORDERS;
c. half-way houses to provide continuing treatment for [drug abusers
and addicts] PERSONS WITH SUBSTANCE USE DISORDERS.
3. To create a referral program whereby [drug abusers, addicts]
PERSONS WITH SUBSTANCE USE DISORDERS and persons and agencies concerned
with their treatment will make use of the aforementioned treatment
facilities;
§ 13. This act shall take effect immediately.Every fact on this page links to its source, starting with the official bill record.