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Senate bill · S10389 (2025-26)

Requires mental health evaluations for participants in substance use disorder treatment programs

Latest action May 18, 2026

New York State Senate

Same as A817, the matching bill in the Assembly.

Sponsor

James Sanders Jr.

State Senator, District 10 · Democratic

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Summary

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.

Summary from NY Open Legislation. How we handle summaries

Amends the Mental Hygiene Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 30, 2026. About our data

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Purpose, from the sponsor's memo

To require all substance use disorder treatment-related programs approved by the office to provide program participants with a mental health evaluation provided by an individual whose scope of practice includes diagnosing mental health disorders and shall refer the partic- ipant for appropriate treatment.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Alcoholism and Drug Abuse · New York State Assembly

Also referred to Mental Health · New York State Assembly, Mental Health · New York State Senate.

Cosponsors

Albert A. Stirpe, Keith Brown and 1 more on Agora

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic2
  • Republican1

This bill has cosponsors from more than one party.

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why James Sanders Jr. says this is needed

More than 25 years ago Woody and Blaine (1979) drew attention to an emerging literature describing a relationship between mental health problems (depression) and substance use disorders among substance use treatment clients; however the effort to develop an effective response to mental health problems is a more recent, if increasingly emphasized, concern of substance use treatments. Reports from treatment programs of lifetime evidence of co-occurring disorder have varied widely but have generally involved high estimates of COD (Cacciola, Alterman, McKay, & Rutherford, 2001). As summarized by Sacks & Ries (see Center for Substance Abuse Treatment, 2005), investi- gators describing substance abuse treatment client populations during the decades of the 1980s and 1990s, have reported 50 to 70% of their clients showing lifetime histories of co-occurring disorders, while investigators, describing mental health treatment populations during the same period, have reported 20% to 50% of their clients showing lifetime histories of substance use disorders. Recent studies of treatment programs and clients have supported these earlier estimates. McGovern, Xie, Segal, Siembab, and Drake (2006) surveyed addiction treatment agency directors, clinical supervisors, and clinicians in a single state system about co-occurring disorders among their clientele. They found overall estimates of 41% mood disorders, 26% anxiety disorders, 25% PTSD, 17% severe mental illness, 18% antisocial personality disorder, and 17% borderline personality disorder. Watkins and colleagues screened admissions to three outpatient substance abuse treatment clinics and found that about 50% had co-occurring mental health disorders (Watkins et al., 2004). Havassy and colleagues reported a comparably high prevalence of substance use disorders among admissions to mental health programs (Havassy, Alvidrez, & Owen, 2004). These find- ings have suggested that clinical practices restricted to services appropriate to a single disorder can be inappropriate to the needs of a large number of clients entering both substance use treatment and mental health programs, and that modifications to services appropriate to the needs of individuals with co-occurring disorders may be needed (Minkoff & Cline, 2004)(1). According to U.S. Department of Health & Human Services Substance Abuse and Mental Health Services Administration (SAMHSA), the treatment of both disorders leads to better outcomes, including the following: Reduced or discontinued substance use, improvement in psychiatric symp- toms and functioning, increased chance for successful treatment and recovery for both disorders, improved quality of life, decreased hospi- talization, reduced medication interactions, increased housing stability and fewer arrests. This opinion is also supported by the National Institute on Drug Abuse. "Many individuals who develop substance use disorders (SUD) are also diagnosed with mental disorders, and vice versa. Multiple national popu- lation surveys have found that about half of those who experience a mental illness during their lives will also experience a substance use disorder and vice versa (3)." The institute expands on this opinion specifically as it relates to adolescents "the onset of mental illness and substance use disorders often occurs during adolescence, and people who develop problems earlier typically have a greater risk for severe problems as adults2"..."Given the high prevalence of comorbid mental disorders and their adverse impact on SUD treatment outcomes, SUD programs for adolescents should screen for comorbid mental disorders and provide treatment as appropri- ate (3)". New York State is far behind in the treatment, or even the diagnoses, of co-occurring disorders (COD) as they relate to substance use disorder (SUD). If our treatment programs, from the outset, determine if there is a COD, the treatment of both disorders can begin immediately. We also need to have the workforce capac

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. May 18, 2026

    Reported out of committee

    REPORTED REFERRED TO WAYS AND MEANS

    NY Assembly

  2. May 15, 2026

    Referred to committee

    REFERRED TO MENTAL HEALTH

    NY Senate

  3. Jan 7, 2026

    Referred to committee

    REFERRED TO ALCOHOLISM AND DRUG ABUSE

    NY Assembly

  4. Jan 8, 2025

    Referred to committee

    REFERRED TO ALCOHOLISM AND DRUG ABUSE

    NY Assembly