S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11650

                          I N  A S S E M B L Y

                              July 6, 2010
                               ___________

Introduced  by  COMMITTEE  ON  RULES  --  (at request of M. of A. Ortiz,
  Colton) -- read once and referred to the Committee on Higher Education

AN ACT to amend the mental hygiene law, in relation to authorizing nurse
  practitioners to admit a patient to an inpatient mental health unit on
  a voluntary or involuntary basis

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1.03 of the mental hygiene law is amended by adding
a new subdivision 9-a to read as follows:
  9-A.  "NURSE PRACTITIONER" MEANS A CERTIFIED NURSE PRACTITIONER ACTING
WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
  S 2. The section heading, the opening paragraph of subdivision (a) and
subdivision (b) of section 9.05 of the mental hygiene law, such  section
as  renumbered  by chapter 978 and the laws of 1977, are amended to read
as follows:
  Examining physicians and NURSE PRACTITIONERS AND medical certificates.
  A person is disqualified from acting  as  an  examining  physician  OR
NURSE PRACTITIONER in the following cases:
  (b)  A  certificate,  as  required by this article, must show that the
person is mentally ill and shall be  based  on  an  examination  of  the
person alleged to be mentally ill made within ten days prior to the date
of  admission.  The  date  of  the certificate shall be the date of such
examination. All certificates shall contain the facts and  circumstances
upon which the judgment of the physicians OR NURSE PRACTITIONER is based
and shall show that the condition of the person examined is such that he
OR SHE needs involuntary care and treatment in a hospital and such other
information as the commissioner may by regulation require.
  S  3.  Subdivision (a) of section 9.27 of the mental hygiene law, such
section as renumbered by chapter 978 of the laws of 1977, is amended  to
read as follows:
  (a)  The  director  of  a hospital may receive and retain therein as a
patient any person alleged to be mentally ill and in need of involuntary
care and treatment upon the certificates of two examining physicians  OR
NURSE  PRACTITIONERS, accompanied by an application for the admission of
such person. The examination may be conducted jointly but each examining
physician OR NURSE PRACTITIONER shall execute a separate certificate.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17450-02-0

A. 11650                            2

  S 4.  Subdivisions (b) and (c) of section 9.40 of the  mental  hygiene
law, as added by chapter 723 of the laws of 1989, are amended to read as
follows:
  (b)  The director shall cause examination of such persons to be initi-
ated by a staff physician OR NURSE PRACTITIONER of the program  as  soon
as  practicable  and  in  any event within six hours after the person is
received into the program's emergency room. Such person may be  retained
for  observation,  care  and treatment and further examination for up to
twenty-four hours if, at the conclusion of such examination, such physi-
cian OR NURSE PRACTITIONER determines that such person may have a mental
illness for which immediate observation, care and treatment in a compre-
hensive psychiatric emergency program is appropriate, and which is like-
ly to result in serious harm to the person or others.
  (c) No person shall be involuntarily retained in accordance with  this
section for more than twenty-four hours, unless (i) within that time the
determination of the examining staff physician OR NURSE PRACTITIONER has
been  confirmed  after examination by another physician OR NURSE PRACTI-
TIONER who is a member of the psychiatric staff of the program and  (ii)
the  person  is admitted to an extended observation bed, as such term is
defined in section 31.27 of this chapter. At the time of admission to an
extended observation bed, such  person  shall  be  served  with  written
notice  of  his  status and rights as a patient under this section. Such
notice shall contain the patient's name. The notice shall be provided to
the same persons and in the manner as if provided pursuant  to  subdivi-
sion  (a)  of  section  9.39 of this article. Written requests for court
hearings on the question of need for  immediate  observation,  care  and
treatment shall be made, and court hearings shall be scheduled and held,
in  the  manner  provided pursuant to subdivision (a) of section 9.39 of
this article, provided however, if a person is removed or admitted to  a
hospital pursuant to subdivision (e) or (f) of this section the director
of such hospital shall be substituted for the director of the comprehen-
sive  psychiatric  emergency  program in all legal proceedings regarding
the continued retention of the person.
  S 5. Section 9.55 of the mental hygiene law, as amended by chapter 598
of the laws of 1994, is amended to read as follows:
 S 9.55 Emergency admissions for immediate observation, care and  treat-
           ment;  powers of qualified psychiatrists OR NURSE PRACTITION-
           ERS.
  A qualified psychiatrist OR NURSE PRACTITIONER shall have the power to
direct the removal of any person, whose treatment for a  mental  illness
he  or  she is either supervising or providing in a facility licensed or
operated by the office of mental health which does not have an inpatient
psychiatric service, to a hospital approved by the commissioner pursuant
to subdivision (a) of section 9.39 of this article or to a comprehensive
psychiatric emergency program, if he or she determines upon  examination
of  such  person  that  such person appears to have a mental illness for
which immediate observation, care and treatment in a hospital is  appro-
priate  and  which  is  likely  to  result in serious harm to himself or
herself or others. Upon the request of such  qualified  psychiatrist  OR
NURSE  PRACTITIONER,  peace  officers,  when  acting  pursuant  to their
special duties, or police officers, who are  members  of  an  authorized
police  department or force or of a sheriff's department shall take into
custody and transport any such person. Upon the request of  a  qualified
psychiatrist  OR  NURSE PRACTITIONER an ambulance service, as defined by
subdivision two of section three thousand one of the public health  law,
is  authorized  to  transport  any  such person. Such person may then be

A. 11650                            3

admitted to a hospital in accordance with the provisions of section 9.39
of this article or to a comprehensive psychiatric emergency  program  in
accordance with the provisions of section 9.40 of this article.
  S 6. Section 9.55 of the mental hygiene law, as amended by chapter 847
of the laws of 1987, is amended to read as follows:
 S 9.55 Emergency  admissions for immediate observation, care and treat-
           ment; powers of qualified psychiatrists OR NURSE  PRACTITION-
           ERS.
  A qualified psychiatrist OR NURSE PRACTITIONER shall have the power to
direct  the  removal of any person, whose treatment for a mental illness
he OR SHE is either supervising or providing in a facility  licensed  or
operated by the office of mental health which does not have an inpatient
psychiatric service, to a hospital approved by the commissioner pursuant
to  subdivision (a) of section 9.39 of this article, if he OR SHE deter-
mines upon examination of such person that such person appears to have a
mental illness for which immediate observation, care and treatment in  a
hospital is appropriate and which is likely to result in serious harm to
himself  OR  HERSELF or others, as defined in section 9.39 of this arti-
cle. Upon the request of such qualified psychiatrist  OR  NURSE  PRACTI-
TIONER, peace officers, when acting pursuant to their special duties, or
police  officers,  who are members of an authorized police department or
force or of a sheriff's department shall take into custody and transport
any such person. Upon the request of a qualified psychiatrist  OR  NURSE
PRACTITIONER  an  ambulance  service,  as  defined by subdivision two of
section three thousand one of the public health law,  is  authorized  to
transport  any  such person. Such person may then be admitted in accord-
ance with the provisions of section 9.39 of this article.
  S 7. Section 9.57 of the mental hygiene law, as amended by chapter 598
of the laws of 1994, is amended to read as follows:
 S 9.57 Emergency admissions for immediate observation, care and  treat-
           ment;  powers  of  emergency room physicians OR NURSE PRACTI-
           TIONERS.
  A physician OR NURSE PRACTITIONER who has  examined  a  person  in  an
emergency  room  or  provided  emergency  medical  services at a general
hospital, as defined in article twenty-eight of the public  health  law,
which  does not have an inpatient psychiatric service, or a physician OR
NURSE PRACTITIONER who has examined a person in a comprehensive  psychi-
atric emergency program shall be authorized to request that the director
of  the  program  or  hospital,  or  the director's designee, direct the
removal of such person to a hospital approved by the commissioner pursu-
ant to subdivision (a) of section 9.39 of this article or to  a  compre-
hensive psychiatric emergency program, if the physician OR NURSE PRACTI-
TIONER  determines  upon  examination  of  such  person that such person
appears to have a mental illness for which immediate care and  treatment
in  a  hospital  is appropriate and which is likely to result in serious
harm to himself or others. Upon the request of the  physician  OR  NURSE
PRACTITIONER,  the director of the program or hospital or the director's
designee, is authorized to direct peace officers, when  acting  pursuant
to  their  special  duties,  or  police  officers, who are members of an
authorized police department or force or of a  sheriff's  department  to
take  into custody and transport any such person. Upon the request of an
emergency room physician, A NURSE PRACTITIONER, or the director  of  the
program  or  hospital, or the director's designee, an ambulance service,
as defined by subdivision two of  section  three  thousand  one  of  the
public  health law, is authorized to take into custody and transport any
such person. Such person may then be admitted to a hospital  in  accord-

A. 11650                            4

ance with the provisions of section 9.39 of this article or to a compre-
hensive  psychiatric emergency program in accordance with the provisions
of section 9.40 of this article.
  S 8. Section 9.57 of the mental hygiene law, as amended by chapter 847
of the laws of 1987, is amended to read as follows:
S 9.57 Emergency  admissions  for immediate observation, care and treat-
           ment; powers of emergency room physicians  OR  NURSE  PRACTI-
           TIONERS.
  A  physician  OR  NURSE  PRACTITIONER  who has examined a person in an
emergency room or provided  emergency  medical  services  at  a  general
hospital,  as  defined in article twenty-eight of the public health law,
which does not have an inpatient psychiatric service, shall  be  author-
ized  to request that the director of the hospital, or his OR HER desig-
nee, direct the removal of such person to a  hospital  approved  by  the
commissioner  pursuant  to subdivision (a) of section 9.39 of this arti-
cle, if the physician OR NURSE PRACTITIONER determines upon  examination
of  such  person  that  such person appears to have a mental illness for
which immediate care and treatment in  a  hospital  is  appropriate  and
which  is  likely  to  result  in  serious harm to himself OR HERSELF or
others, as defined in section 9.39 of this article. Upon the request  of
the physician OR NURSE PRACTITIONER, the director of the hospital or his
OR  HER  designee,  is  authorized to direct peace officers, when acting
pursuant to their special duties, or police officers, who are members of
an authorized police department or force or of a sheriff's department to
take into custody and transport any such person. Upon the request of  an
emergency  room  physician, A NURSE PRACTITIONER, or the director of the
hospital, or his OR HER designee, an ambulance service,  as  defined  by
subdivision  two of section three thousand one of the public health law,
is authorized to take into custody and transport any such  person.  Such
person may then be admitted in accordance with the provisions of section
9.39 of this article.
  S  9. Subparagraph (v) of paragraph 1 and paragraphs 3 and 4 of subdi-
vision (e) and subdivisions (h), (i), (k) and (n) of section 9.60 of the
mental hygiene law, as amended and paragraph 4  of  subdivision  (e)  as
added  by  chapter  158  of  the  laws  of  2005, are amended to read as
follows:
  (v) a qualified psychiatrist  OR  NURSE  PRACTITIONER  who  is  either
supervising the treatment of or treating the subject of the petition for
a mental illness; or
  (3)  The  petition shall be accompanied by an affirmation or affidavit
of a physician OR NURSE PRACTITIONER, who shall not be  the  petitioner,
stating either that:
  (i)  such  physician OR NURSE PRACTITIONER has personally examined the
subject of the petition no more than ten days prior to the submission of
the petition, recommends assisted outpatient treatment for  the  subject
of  the  petition,  and is willing and able to testify at the hearing on
the petition; or
  (ii) no more than ten days prior to the filing of the  petition,  such
physician  OR  NURSE PRACTITIONER or his or her designee has made appro-
priate attempts but has not been successful in eliciting the cooperation
of the subject of the petition to submit to an examination, such  physi-
cian OR NURSE PRACTITIONER has reason to suspect that the subject of the
petition  meets the criteria for assisted outpatient treatment, and such
physician OR NURSE PRACTITIONER is  willing  and  able  to  examine  the
subject of the petition and testify at the hearing on the petition.

A. 11650                            5

  (4)  In counties with a population of less than seventy-five thousand,
the affirmation or affidavit required by paragraph three of this  subdi-
vision  may  be  made  by  a  physician  OR NURSE PRACTITIONER who is an
employee of the office.  The office is authorized to make available,  at
no  cost  to the county, a qualified physician OR NURSE PRACTITIONER for
the purpose of making such affirmation or affidavit consistent with  the
provisions of such paragraph.
  (h) Hearing. (1) Upon receipt of the petition, the court shall fix the
date for a hearing. Such date shall be no later than three days from the
date  such  petition  is  received  by  the  court, excluding Saturdays,
Sundays and holidays. Adjournments shall  be  permitted  only  for  good
cause shown. In granting adjournments, the court shall consider the need
for  further  examination  by  a  physician OR NURSE PRACTITIONER or the
potential need to provide assisted outpatient  treatment  expeditiously.
The  court  shall  cause  the  subject of the petition, any other person
receiving notice pursuant to subdivision (f) of this section, the  peti-
tioner, the physician OR NURSE PRACTITIONER whose affirmation or affida-
vit  accompanied  the  petition, and such other persons as the court may
determine to be advised of such date. Upon such date, or upon such other
date to which the proceeding may be  adjourned,  the  court  shall  hear
testimony and, if it be deemed advisable and the subject of the petition
is available, examine the subject of the petition in or out of court. If
the  subject  of the petition does not appear at the hearing, and appro-
priate attempts to elicit the attendance of the subject have failed, the
court may conduct the hearing in the subject's absence.  In  such  case,
the  court  shall set forth the factual basis for conducting the hearing
without the presence of the subject of the petition.
  (2) The court shall not order assisted outpatient treatment unless  an
examining  physician  OR  NURSE  PRACTITIONER,  who  recommends assisted
outpatient treatment and has personally  examined  the  subject  of  the
petition no more than ten days before the filing of the petition, testi-
fies  in  person  at  the  hearing. Such physician OR NURSE PRACTITIONER
shall state the facts and  clinical  determinations  which  support  the
allegation  that  the subject of the petition meets each of the criteria
for assisted outpatient treatment.
  (3) If the subject of the petition has refused to  be  examined  by  a
physician  OR  NURSE  PRACTITIONER, the court may request the subject to
consent to an examination by a physician OR NURSE PRACTITIONER appointed
by the court. If the subject of the petition does not  consent  and  the
court  finds  reasonable  cause  to  believe that the allegations in the
petition are true, the court may order peace officers,  acting  pursuant
to  their  special  duties,  or  police  officers  who are members of an
authorized police department or force, or of a sheriff's  department  to
take  the  subject of the petition into custody and transport him or her
to a hospital for examination by a physician. Retention of  the  subject
of the petition under such order shall not exceed twenty-four hours. The
examination  of  the  subject  of  the  petition may be performed by the
physician OR NURSE PRACTITIONER whose affirmation or affidavit  accompa-
nied the petition pursuant to paragraph three of subdivision (e) of this
section,  if  such physician OR NURSE PRACTITIONER is privileged by such
hospital or otherwise authorized by such hospital  to  do  so.  If  such
examination is performed by another physician OR NURSE PRACTITIONER, the
examining physician OR NURSE PRACTITIONER may consult with the physician
OR  NURSE  PRACTITIONER  whose  affirmation or affidavit accompanied the
petition as to whether the  subject  meets  the  criteria  for  assisted
outpatient treatment.

A. 11650                            6

  (4)  A physician OR NURSE PRACTITIONER who testifies pursuant to para-
graph two of this subdivision shall state: (i) the facts  which  support
the  allegation that the subject meets each of the criteria for assisted
outpatient treatment, (ii) that the treatment is the  least  restrictive
alternative,  (iii)  the  recommended assisted outpatient treatment, and
(iv) the rationale for the recommended assisted outpatient treatment. If
the recommended assisted outpatient treatment includes medication,  such
physician's  OR  NURSE PRACTITIONER'S testimony shall describe the types
or classes of medication which should be authorized, shall describe  the
beneficial  and  detrimental physical and mental effects of such medica-
tion, and shall recommend whether such medication should be  self-admin-
istered or administered by authorized personnel.
  (5)  The  subject  of the petition shall be afforded an opportunity to
present evidence, to call witnesses on his or her behalf, and to  cross-
examine adverse witnesses.
  (i)  Written  treatment  plan.  (1) The court shall not order assisted
outpatient treatment unless a physician OR NURSE PRACTITIONER  appointed
by  the appropriate director, in consultation with such director, devel-
ops and provides to the court a proposed  written  treatment  plan.  The
written  treatment plan shall include case management services or asser-
tive community treatment team services to provide care coordination. The
written treatment plan also shall include all categories of services, as
set forth in paragraph one of subdivision (a)  of  this  section,  which
such  physician OR NURSE PRACTITIONER recommends that the subject of the
petition receive. All service  providers  shall  be  notified  regarding
their  inclusion in the written treatment plan. If the written treatment
plan includes medication, it shall state whether such medication  should
be  self-administered or administered by authorized personnel, and shall
specify type and dosage range of medication most likely to provide maxi-
mum benefit for the subject. If  the  written  treatment  plan  includes
alcohol  or  substance  abuse  counseling  and  treatment, such plan may
include a provision requiring relevant testing  for  either  alcohol  or
illegal  substances  provided  the  physician's  OR NURSE PRACTITIONER'S
clinical basis for recommending such plan provides sufficient facts  for
the  court  to  find  (i)  that  such person has a history of alcohol or
substance abuse that is clinically related to the  mental  illness;  and
(ii)  that  such  testing  is  necessary to prevent a relapse or deteri-
oration which would be likely to result in serious harm to the person or
others. If a director is the  petitioner,  the  written  treatment  plan
shall  be provided to the court no later than the date of the hearing on
the petition. If a person other than a director is the petitioner,  such
plan  shall  be  provided to the court no later than the date set by the
court pursuant to paragraph three of subdivision (j) of this section.
  (2) The physician OR NURSE PRACTITIONER appointed to develop the writ-
ten treatment plan shall provide the following persons with an  opportu-
nity  to  actively  participate  in  the  development  of such plan: the
subject of the petition; the treating physician OR  NURSE  PRACTITIONER,
if any; and upon the request of the subject of the petition, an individ-
ual  significant  to the subject including any relative, close friend or
individual otherwise concerned with the welfare of the subject.  If  the
subject  of the petition has executed a health care proxy, the appointed
physician OR NURSE PRACTITIONER shall consider any  directions  included
in such proxy in developing the written treatment plan.
  (3)  The  court shall not order assisted outpatient treatment unless a
physician OR NURSE PRACTITIONER appearing on behalf of a director testi-
fies to explain the written proposed treatment plan. Such  physician  OR

A. 11650                            7

NURSE  PRACTITIONER  shall  state  the categories of assisted outpatient
treatment recommended, the rationale for each such category, facts which
establish that such treatment is the least restrictive alternative, and,
if  the  recommended assisted outpatient treatment plan includes medica-
tion, such physician OR NURSE PRACTITIONER  shall  state  the  types  or
classes  of medication recommended, the beneficial and detrimental phys-
ical and mental effects of such medication, and whether such  medication
should  be  self-administered  or  administered by an authorized profes-
sional. If the subject of the petition has executed a health care proxy,
such physician OR NURSE PRACTITIONER shall state the consideration given
to any directions included in  such  proxy  in  developing  the  written
treatment  plan.  If a director is the petitioner, testimony pursuant to
this paragraph shall be given at the  hearing  on  the  petition.  If  a
person  other than a director is the petitioner, such testimony shall be
given on the date set by the court pursuant to paragraph three of subdi-
vision (j) of this section.
  (k) Petition for additional periods of treatment. Within  thirty  days
prior  to  the  expiration of an order of assisted outpatient treatment,
the appropriate director or the current petitioner, if the current peti-
tion was filed pursuant to subparagraph (i) or (ii) of paragraph one  of
subdivision  (e) of this section, and the current petitioner retains his
or her original status pursuant  to  the  applicable  subparagraph,  may
petition  the court to order continued assisted outpatient treatment for
a period not to exceed one year from the expiration date of the  current
order.  If the court's disposition of such petition does not occur prior
to the expiration date of the current order,  the  current  order  shall
remain  in  effect  until such disposition. The procedures for obtaining
any order pursuant to this subdivision shall be in accordance  with  the
provisions  of the foregoing subdivisions of this section; provided that
the time restrictions included in paragraph four of subdivision  (c)  of
this section shall not be applicable. The notice provisions set forth in
paragraph  six  of  subdivision (j) of this section shall be applicable.
Any court order requiring periodic blood tests  or  urinalysis  for  the
presence  of  alcohol  or illegal drugs shall be subject to review after
six months by the physician OR  NURSE  PRACTITIONER  who  developed  the
written treatment plan or another physician OR NURSE PRACTITIONER desig-
nated by the director, and such physician OR NURSE PRACTITIONER shall be
authorized  to  terminate such blood tests or urinalysis without further
action by the court.
  (n) Failure to comply with assisted outpatient treatment. Where in the
clinical judgment of a physician OR NURSE PRACTITIONER, (i) the assisted
outpatient, has failed or refused to comply with the assisted outpatient
treatment, (ii) efforts were made to solicit compliance, and (iii)  such
assisted  outpatient may be in need of involuntary admission to a hospi-
tal pursuant to section 9.27 of this article or  immediate  observation,
care  and  treatment  pursuant  to section 9.39 or 9.40 of this article,
such physician OR NURSE PRACTITIONER may request the director of  commu-
nity  services, the director's designee, or any physician OR NURSE PRAC-
TITIONER designated by the director of community  services  pursuant  to
section  9.37  of  this  article, to direct the removal of such assisted
outpatient to an appropriate hospital for an examination to determine if
such person has a mental illness for which hospitalization is  necessary
pursuant  to section 9.27, 9.39 or 9.40 of this article. Furthermore, if
such assisted outpatient refuses to take medications as required by  the
court order, or he or she refuses to take, or fails a blood test, urina-
lysis,  or  alcohol  or  drug  test as required by the court order, such

A. 11650                            8

physician OR NURSE PRACTITIONER may consider  such  refusal  or  failure
when  determining whether the assisted outpatient is in need of an exam-
ination to determine whether he or she has a mental  illness  for  which
hospitalization  is  necessary.  Upon  the  request of such physician OR
NURSE PRACTITIONER, the director, the director's designee, or any physi-
cian OR NURSE PRACTITIONER designated pursuant to section 9.37  of  this
article,  may  direct  peace  officers, acting pursuant to their special
duties, or police officers who  are  members  of  an  authorized  police
department  or  force  or of a sheriff's department to take the assisted
outpatient into custody and transport him or her to the hospital operat-
ing the assisted outpatient treatment program or to any hospital author-
ized by the director of community services to receive such persons. Such
law enforcement officials shall  carry  out  such  directive.  Upon  the
request  of  such  physician  OR  NURSE  PRACTITIONER, the director, the
director's designee, or any physician OR NURSE  PRACTITIONER  designated
pursuant  to  section  9.37  of  this  article, an ambulance service, as
defined by subdivision two of section three thousand one of  the  public
health  law,  or  an  approved mobile crisis outreach team as defined in
section 9.58 of this article shall be authorized to  take  into  custody
and  transport  any  such  person to the hospital operating the assisted
outpatient treatment program, or to any other hospital authorized by the
director of community services to receive such persons. Any director  of
community  services,  or  designee,  shall  be  authorized to direct the
removal of an assisted outpatient who is present in his or her county to
an appropriate hospital, in  accordance  with  the  provisions  of  this
subdivision,  based  upon a determination of the appropriate director of
community services directing the removal  of  such  assisted  outpatient
pursuant  to  this subdivision. Such person may be retained for observa-
tion, care and treatment and further examination in the hospital for  up
to  seventy-two  hours  to  permit  a physician OR NURSE PRACTITIONER to
determine whether such person has a mental illness and  is  in  need  of
involuntary  care and treatment in a hospital pursuant to the provisions
of this article. Any continued involuntary retention  in  such  hospital
beyond  the  initial seventy-two hour period shall be in accordance with
the provisions of this article relating to the involuntary admission and
retention of a person. If at any time during the seventy-two hour period
the person is determined not  to  meet  the  involuntary  admission  and
retention  provisions of this article, and does not agree to stay in the
hospital as a voluntary or informal patient, he or she must be released.
Failure to comply with an order of assisted outpatient  treatment  shall
not be grounds for involuntary civil commitment or a finding of contempt
of court.
  S 10. This act shall take effect immediately; provided, however, that
  1.  The  amendments to subdivisions (b) and (c) of section 9.40 of the
mental hygiene law made by section four of this act shall not affect the
repeal of such section and shall be deemed repealed therewith;
  2. The amendments to sections 9.55 and 9.57 of the mental hygiene  law
made  by  sections  five  and  seven of this act shall be subject to the
expiration and reversion of such sections  pursuant  to  section  21  of
chapter  723  of  the  laws of 1989, as amended, when upon such date the
provisions of sections six and eight of this act shall take effect;
  3. The amendments to section 9.60 of the mental hygiene  law  made  by
section nine of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.