Sen. Pete Harckham

State Sen. Pete Harckham wants to see fewer barriers to those trying to beat addiction — including allowing those in treatment centers to be able to smoke cigarettes.

Harckham, D-Peekskill and chair of the Senate’s Committee on Addiction and Substance Abuse, has proposed three bills in the state Senate, each dealing with an issue he says makes it harder for those with opioid addiction to achieve sobriety. S.7351 would amend the state Mental Health Law to end the requirement that state chemical dependence facilities be tobacco-free.

“Currently, OASAS requires treatment facilities to be tobacco free. While we understand the health risks associated with tobacco use, we need to do more to support individuals attempting to tackle the addiction that is wreaking havoc on their life,” Harckham wrote in his legislative justification. “In an effort to appreciate the enormity of an individual making the decision to make such a drastic change, we need to foster policies that create a non punitive environment for other addictions an individual may be suffering with while in treatment settings. By removing the requirement of OASAS certified providers to be tobacco free, we are removing a barrier to treatment for many individuals. This change will encourage those using tobacco and suffering from substance use disorder to seek treatment for their immediately life threatening substance use.”

A 2016 National Survey of Substance Abuse Treatment Facilities found that nearly two-thirds of addiction treatment centers nationwide allow smoking on campus, though New York has the highest percentage of smoke-free addiction centers nationally at 83%.

Another bill sponsored by Harckham, S.7349, would require state-constructed chemical treatment facilities to promote an individual’s privacy by having private bathrooms, bedrooms, shower facility and private areas for counseling services.

“When it comes to recovery, the atmosphere at a treatment facility and the comfort of its accommodations can be as important as the psychosocial therapies. Substance use treatment often involves medical treatment that may have unpleasant physical effects,” Harckham wrote. “The facilities which offer treatment should, at minimum, provide privacy to those individuals seeking treatment while bathing, sleeping, using restrooms, and receiving individual counseling services. Quality accommodations and amenities can motivate individuals to stay in treatment, maintain their dignity and experience the full benefits of therapy.”

Harckham also proposes in S.7350 that addiction treatment centers operated by the state Office of Addiction Services and Supports offer enough different payment schedules that people aren’t turned away because they can’t afford treatment.

“This legislation seeks to save lives by creating a pathway to treatment regardless of the individual’s current ability to pay,” Harckham wrote.

Finally, the Peekskill Democrat proposes S.7352 to include clinically necessary treatment for inpatient coverage as opposed to the previous term of medically necessary treatment. Clinical necessity, Harckham said, includes both a person’s medical needs as well as issues like housing that could drive a person toward use of opioids and away from treatment.

“Individuals suffering from alcohol and/or substance use disorder come from many different social and economic backgrounds. Oftentimes, due to their disorder many individuals are experiencing housing instability directly affecting their recovery. Studies have shown substance misuse is both a cause and a result of homelessness, because of this both issues need to be addressed simultaneously. Stable housing during and after treatment decreases the risk of relapse. Providers need the flexibility to determine if an individual may continue to be provided services on site while a housing option is secured. This legislation seeks to provide additional support to those in treatment by meeting clinical needs and assisting in crisis stabilization,” Harckham wrote.

All four of the bills could be discussed during the next legislative session, which is scheduled to start in January.