S T A T E O F N E W Y O R K
________________________________________________________________________
7651
I N S E N A T E
May 23, 2014
___________
Introduced by Sens. CARLUCCI, BALL, BONACIC, BOYLE, FELDER, GALLIVAN,
GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE,
MARTINS, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, ROBACH,
SAVINO, SEWARD, VALESKY, YOUNG -- read twice and ordered printed, and
when printed to be committed to the Committee on Alcoholism and Drug
Abuse
AN ACT to amend the mental hygiene law, in relation to establishing
protocols for assisted outpatient treatment for substance abusers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding a new article
23 to read as follows:
ARTICLE 23
ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSERS
SECTION 23.01 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSERS.
23.03 RESPONSIBILITIES OF SERVICE PROVIDERS.
23.05 PETITION TO THE COURT.
23.07 SERVICE.
23.09 RIGHT TO COUNSEL.
23.11 HEARING.
23.13 WRITTEN TREATMENT PLAN.
23.15 DISPOSITION.
23.17 PETITION FOR ADDITIONAL PERIODS OF TREATMENT.
23.19 PETITION FOR AN ORDER TO STAY, VACATE OR MODIFY.
23.21 APPEALS.
23.23 FAILURE TO COMPLY WITH ASSISTED OUTPATIENT TREATMENT.
23.25 EFFECT OF DETERMINATION THAT A PERSON IS IN NEED OF
ASSISTED OUTPATIENT TREATMENT.
23.27 FALSE PETITION.
23.29 EXCEPTION.
23.31 EDUCATION AND TRAINING.
S 23.01 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUS-
ERS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD15281-02-4
S. 7651 2
(A) A PERSON MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE IF THERE IS A GOOD FAITH REASON TO BELIEVE THE PERSON IS
SUBSTANCE ABUSE IMPAIRED AND, BECAUSE OF SUCH IMPAIRMENT SUCH PERSON HAS
LOST THE POWER OF SELF-CONTROL WITH RESPECT TO SUBSTANCE USE, AND
EITHER:
(1) HAS INFLICTED, OR THREATENED OR ATTEMPTED TO INFLICT, OR UNLESS
PLACED IN TREATMENT IS LIKELY TO INFLICT, PHYSICAL HARM ON HIMSELF OR
HERSELF OR ANOTHER; OR
(2) IS IN NEED OF SUBSTANCE ABUSE SERVICES AND, BY REASON OF SUBSTANCE
ABUSE IMPAIRMENT, HIS OR HER JUDGMENT HAS BEEN SO IMPAIRED THAT THE
PERSON IS INCAPABLE OF APPRECIATING HIS OR HER NEED FOR SUCH SERVICES
AND OF MAKING A RATIONAL DECISION IN REGARD THERETO; HOWEVER, MERE
REFUSAL TO RECEIVE SUCH SERVICES DOES NOT CONSTITUTE EVIDENCE OF LACK OF
JUDGMENT WITH RESPECT TO HIS OR HER NEED FOR SUCH SERVICES; AND
(B) A PERSON MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE IF A COURT OF COMPETENT JURISDICTION FINDS BY CLEAR AND
CONVINCING EVIDENCE THAT THE SUBJECT OF THE PETITION MEETS ALL OF THE
FOLLOWING CRITERIA:
(1) IS EIGHTEEN YEARS OF AGE OR OLDER;
(2) HAS A HISTORY OF LACK OF COMPLIANCE WITH TREATMENT FOR SUBSTANCE
ABUSE THAT HAS:
(A) PRIOR TO THE FILING OF THE PETITION, AT LEAST TWICE WITHIN THE
LAST THIRTY-SIX MONTHS BEEN A SIGNIFICANT FACTOR IN NECESSITATING HOSPI-
TALIZATION IN A HOSPITAL, OR RECEIPT OF SERVICES FOR SUBSTANCE ABUSE IN
A CORRECTIONAL FACILITY, NOT INCLUDING ANY CURRENT PERIOD, OR PERIOD
ENDING WITHIN THE LAST SIX MONTHS, DURING WHICH THE PERSON WAS OR IS
HOSPITALIZED OR INCARCERATED; OR
(B) PRIOR TO FILING OF THE PETITION, RESULTED IN ONE OR MORE ACTS OF
SERIOUS VIOLENT BEHAVIOR TOWARD SELF OR OTHERS OR THREATS OF, OR
ATTEMPTS AT, SERIOUS PHYSICAL HARM TO SELF OR OTHERS WITHIN THE LAST
FORTY-EIGHT MONTHS, NOT INCLUDING ANY CURRENT PERIOD, OR PERIOD ENDING
WITHIN THE LAST SIX MONTHS, IN WHICH THE PERSON WAS OR IS HOSPITALIZED
OR INCARCERATED;
(3) IS IN NEED OF SUBSTANCE ABUSE SERVICES AND, BY REASON OF SUBSTANCE
ABUSE IMPAIRMENT, HIS OR HER JUDGMENT HAS BEEN SO IMPAIRED THAT THE
PERSON IS INCAPABLE OF APPRECIATING HIS OR HER NEED FOR SUCH SERVICES
AND OF MAKING A RATIONAL DECISION IN REGARD THERETO; HOWEVER, MERE
REFUSAL TO RECEIVE SUCH SERVICES DOES NOT CONSTITUTE EVIDENCE OF LACK OF
JUDGMENT WITH RESPECT TO HIS OR HER NEED FOR SUCH SERVICES;
(4) IS, AS A RESULT OF HIS OR HER SUBSTANCE ABUSE, UNLIKELY TO VOLUN-
TARILY PARTICIPATE IN THE OUTPATIENT TREATMENT THAT WOULD ENABLE HIM OR
HER TO LIVE SAFELY IN THE COMMUNITY; AND
(5) IS LIKELY TO BENEFIT FROM ASSISTED OUTPATIENT TREATMENT.
(C) A COURT MAY NOT GRANT SUCH PETITION UNLESS IT FINDS THAT ASSISTED
OUTPATIENT TREATMENT IS THE LEAST RESTRICTIVE ALTERNATIVE AVAILABLE FOR
THE PERSON.
(D) FOR THE PURPOSES OF THIS ARTICLE, THE TERM "SUBSTANCE ABUSE" SHALL
MEAN PERSONS WHO ARE UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AS
DEFINED IN SUBDIVISIONS (B) AND (C) OF SCHEDULE I OF SECTION
THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
S 23.03 RESPONSIBILITIES OF SERVICE PROVIDERS.
IT IS THE RESPONSIBILITY OF THE SERVICE PROVIDER TO:
(A) ENSURE THAT A PERSON WHO IS ADMITTED TO A SERVICE PROVIDER MEETS
THE ADMISSION CRITERIA SPECIFIED BY SECTION 23.01 OF THIS ARTICLE;
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(B) ASCERTAIN WHETHER THE MEDICAL AND BEHAVIORAL CONDITIONS OF THE
PERSON AS PRESENTED ARE WITHIN THE SAFE MANAGEMENT CAPABILITIES OF THE
SERVICE PROVIDERS; AND
(C) PROVIDE FOR THE ADMISSION OF THE PERSON TO THE SERVICE COMPONENT
THAT REPRESENTS THE LEAST RESTRICTIVE AVAILABLE SETTING THAT IS RESPON-
SIVE TO THE PERSON'S TREATMENT NEEDS.
S 23.05 PETITION TO THE COURT.
(A) A PETITION FOR AN ORDER AUTHORIZING ASSISTED OUTPATIENT TREATMENT
FOR SUBSTANCE ABUSERS MAY BE FILED IN THE SUPREME OR COUNTY COURT IN THE
COUNTY IN WHICH THE SUBJECT OF THE PETITION IS PRESENT OR REASONABLY
BELIEVED TO BE PRESENT. A PETITION TO OBTAIN AN ORDER AUTHORIZING
ASSISTED OUTPATIENT TREATMENT MAY BE INITIATED ONLY BY THE FOLLOWING
PERSONS:
(1) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER WITH WHOM THE SUBJECT OF
THE PETITION RESIDES; OR
(2) THE PARENT, SPOUSE, SIBLING EIGHTEEN YEARS OF AGE OR OLDER, OR
CHILD EIGHTEEN YEARS OR OLDER OF THE SUBJECT OF THE PETITION; OR
(3) THE DIRECTOR OF A HOSPITAL IN WHICH THE SUBJECT OF THE PETITION IS
HOSPITALIZED; OR
(4) THE DIRECTOR OF ANY PUBLIC OR CHARITABLE ORGANIZATION, AGENCY OR
HOME PROVIDING SUBSTANCE ABUSE SERVICES TO THE SUBJECT OF THE PETITION
IN WHOSE INSTITUTION THE SUBJECT OF THE PETITION RESIDES; OR
(5) THE DIRECTOR OF COMMUNITY SERVICES, OR SOCIAL SERVICES OFFICIAL OF
THE CITY OR COUNTY WHERE THE PERSON IS PRESENT OR IS REASONABLY BELIEVED
TO BE PRESENT; OR
(6) A PAROLE OFFICER OR PROBATION OFFICER ASSIGNED TO SUPERVISE THE
PERSON.
(B) THE PETITION MUST ALLEGE THAT THE SUBJECT OF THE PETITION MEETS
THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSERS
CRITERIA AS DEFINED IN SECTION 23.01 OF THIS ARTICLE AND MUST BE
SUPPORTED BY A SWORN STATEMENT OF ANY PERSON IDENTIFIED IN SUBDIVISION
(A) OF THIS SECTION.
S 23.07 SERVICE.
THE PETITIONER SHALL CAUSE WRITTEN NOTICE OF THE PETITION TO BE GIVEN
TO THE SUBJECT OF THE PETITION AND A COPY THEREOF TO BE GIVEN PERSONALLY
OR BY MAIL TO THE HEALTH CARE AGENT IF ANY SUCH AGENT IS KNOWN TO THE
PETITIONER, THE APPROPRIATE PROGRAM COORDINATOR, AND THE APPROPRIATE
DIRECTOR OF COMMUNITY SERVICES, IF SUCH DIRECTOR IS NOT THE PETITIONER.
S 23.09 RIGHT TO COUNSEL.
THE SUBJECT OF THE PETITION SHALL HAVE THE RIGHT TO BE REPRESENTED BY
A PUBLIC DEFENDER OR ASSIGNED COUNSEL, OR PRIVATELY FINANCED COUNSEL, AT
ALL STAGES OF A PROCEEDING COMMENCED UNDER THIS SECTION.
S 23.11 HEARING.
(A) 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 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 SECTION
23.07 OF THIS ARTICLE, THE PETITIONER, THE PHYSICIAN WHOSE AFFIRMATION
OR AFFIDAVIT 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
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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 APPROPRIATE 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.
(B) THE COURT SHALL NOT ORDER ASSISTED OUTPATIENT TREATMENT UNLESS AN
EXAMINING PHYSICIAN, WHO RECOMMENDS ASSISTED OUTPATIENT TREATMENT AND
HAS PERSONALLY EXAMINED THE SUBJECT OF THE PETITION NO MORE THAN SIX
MONTHS BEFORE THE FILING OF THE PETITION, TESTIFIES IN PERSON AT THE
HEARING. SUCH PHYSICIAN SHALL STATE THE FACTS AND CLINICAL DETERMI-
NATIONS WHICH SUPPORT THE ALLEGATION THAT THE SUBJECT OF THE PETITION
MEETS EACH OF THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT.
(C) 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.
S 23.13 WRITTEN TREATMENT PLAN.
(A) THE COURT SHALL NOT ORDER ASSISTED OUTPATIENT TREATMENT UNLESS A
PHYSICIAN APPOINTED BY THE APPROPRIATE DIRECTOR, IN CONSULTATION WITH
SUCH DIRECTOR, DEVELOPS AND PROVIDES TO THE COURT A PROPOSED WRITTEN
TREATMENT PLAN. THE WRITTEN TREATMENT PLAN SHALL INCLUDE CASE MANAGEMENT
SERVICES OR ASSERTIVE COMMUNITY TREATMENT TEAM SERVICES TO PROVIDE CARE
COORDINATION. THE WRITTEN TREATMENT PLAN ALSO SHALL INCLUDE ALL CATEGO-
RIES OF SERVICES WHICH SUCH PHYSICIAN 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 A DIRECTOR IS THE PETITIONER, THE WRIT-
TEN 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 SUBDIVISION (C) OF SECTION 23.15 OF
THIS ARTICLE.
THE PHYSICIAN APPOINTED TO DEVELOP THE WRITTEN TREATMENT PLAN SHALL
PROVIDE THE FOLLOWING PERSONS WITH AN OPPORTUNITY TO ACTIVELY PARTIC-
IPATE IN THE DEVELOPMENT OF SUCH PLAN: THE SUBJECT OF THE PETITION; THE
TREATING PHYSICIAN, IF ANY; AND UPON THE REQUEST OF THE SUBJECT OF THE
PETITION, AN INDIVIDUAL SIGNIFICANT TO THE SUBJECT INCLUDING ANY RELA-
TIVE, 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 SHALL CONSIDER ANY DIRECTIONS INCLUDED IN
SUCH PROXY IN DEVELOPING THE WRITTEN TREATMENT PLAN.
(B) THE COURT SHALL NOT ORDER ASSISTED OUTPATIENT TREATMENT UNLESS A
PHYSICIAN APPEARING ON BEHALF OF A DIRECTOR TESTIFIES TO EXPLAIN THE
WRITTEN PROPOSED TREATMENT PLAN. SUCH PHYSICIAN SHALL STATE THE CATEGO-
RIES 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 OUTPA-
TIENT TREATMENT PLAN INCLUDES MEDICATION, SUCH PHYSICIAN SHALL STATE THE
TYPES OR CLASSES OF MEDICATION RECOMMENDED, THE BENEFICIAL AND DETRI-
MENTAL PHYSICAL AND MENTAL EFFECTS OF SUCH MEDICATION, AND WHETHER SUCH
MEDICATION SHOULD BE SELF-ADMINISTERED OR ADMINISTERED BY AN AUTHORIZED
PROFESSIONAL. IF THE SUBJECT OF THE PETITION HAS EXECUTED A HEALTH CARE
PROXY, SUCH PHYSICIAN SHALL STATE THE CONSIDERATION GIVEN TO ANY
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DIRECTIONS INCLUDED IN SUCH PROXY IN DEVELOPING THE WRITTEN TREATMENT
PLAN. IF A DIRECTOR IS THE PETITIONER, TESTIMONY PURSUANT TO THIS PARA-
GRAPH 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 SUBDIVISION (C) OF SECTION 23.15 OF
THIS ARTICLE.
S 23.15 DISPOSITION.
(A) IF AFTER HEARING ALL RELEVANT EVIDENCE, THE COURT DOES NOT FIND BY
CLEAR AND CONVINCING EVIDENCE THAT THE SUBJECT OF THE PETITION MEETS THE
CRITERIA FOR ASSISTED OUTPATIENT TREATMENT, THE COURT SHALL DISMISS THE
PETITION.
(B) IF AFTER HEARING ALL RELEVANT EVIDENCE, THE COURT FINDS BY CLEAR
AND CONVINCING EVIDENCE THAT THE SUBJECT OF THE PETITION MEETS THE
CRITERIA FOR ASSISTED OUTPATIENT TREATMENT, AND THERE IS NO APPROPRIATE
AND FEASIBLE LESS RESTRICTIVE ALTERNATIVE, THE COURT MAY ORDER THE
SUBJECT TO RECEIVE ASSISTED OUTPATIENT TREATMENT FOR AN INITIAL PERIOD
NOT TO EXCEED SIX MONTHS. IN FASHIONING THE ORDER, THE COURT SHALL
SPECIFICALLY MAKE FINDINGS BY CLEAR AND CONVINCING EVIDENCE THAT THE
PROPOSED TREATMENT IS THE LEAST RESTRICTIVE TREATMENT APPROPRIATE AND
FEASIBLE FOR THE SUBJECT. THE ORDER SHALL STATE AN ASSISTED OUTPATIENT
TREATMENT PLAN, WHICH SHALL INCLUDE ALL CATEGORIES OF ASSISTED OUTPA-
TIENT TREATMENT WHICH THE ASSISTED OUTPATIENT IS TO RECEIVE, BUT SHALL
NOT INCLUDE ANY SUCH CATEGORY THAT HAS NOT BEEN RECOMMENDED IN BOTH THE
PROPOSED WRITTEN TREATMENT PLAN AND THE TESTIMONY PROVIDED TO THE COURT
PURSUANT TO SECTION 23.13 OF THIS ARTICLE.
(C) IF AFTER HEARING ALL RELEVANT EVIDENCE PRESENTED BY A PETITIONER
WHO IS NOT A DIRECTOR, THE COURT FINDS BY CLEAR AND CONVINCING EVIDENCE
THAT THE SUBJECT OF THE PETITION MEETS THE CRITERIA FOR ASSISTED OUTPA-
TIENT TREATMENT, AND THE COURT HAS YET TO BE PROVIDED WITH A WRITTEN
PROPOSED TREATMENT PLAN AND TESTIMONY PURSUANT TO SECTION 23.13 OF THIS
ARTICLE, THE COURT SHALL ORDER THE APPROPRIATE DIRECTOR TO PROVIDE THE
COURT WITH SUCH PLAN AND TESTIMONY NO LATER THAN THE THIRD DAY, EXCLUD-
ING SATURDAYS, SUNDAYS AND HOLIDAYS, IMMEDIATELY FOLLOWING THE DATE OF
SUCH ORDER. UPON RECEIVING SUCH PLAN AND TESTIMONY, THE COURT MAY ORDER
ASSISTED OUTPATIENT TREATMENT AS PROVIDED FOR IN SUBDIVISION (B) OF THIS
SECTION.
(D) IF THE PETITIONER IS THE DIRECTOR OF A HOSPITAL THAT OPERATES AN
ASSISTED OUTPATIENT TREATMENT PROGRAM, THE COURT ORDER SHALL DIRECT THE
HOSPITAL DIRECTOR TO PROVIDE OR ARRANGE FOR ALL CATEGORIES OF ASSISTED
OUTPATIENT TREATMENT FOR THE ASSISTED OUTPATIENT THROUGHOUT THE PERIOD
OF THE ORDER. IN ALL OTHER INSTANCES, THE ORDER SHALL REQUIRE THE APPRO-
PRIATE DIRECTOR, AS THAT TERM IS DEFINED IN THIS SECTION, TO PROVIDE OR
ARRANGE FOR ALL CATEGORIES OF ASSISTED OUTPATIENT TREATMENT FOR THE
ASSISTED OUTPATIENT THROUGHOUT THE PERIOD OF THE ORDER.
(E) THE DIRECTOR SHALL CAUSE A COPY OF ANY COURT ORDER ISSUED PURSUANT
TO THIS SECTION TO BE SERVED PERSONALLY, OR BY MAIL, FACSIMILE OR ELEC-
TRONIC MEANS, UPON THE ASSISTED OUTPATIENT, OR ANYONE ACTING ON THE
ASSISTED OUTPATIENT'S BEHALF, THE ORIGINAL PETITIONER, IDENTIFIED
SERVICE PROVIDERS, AND ALL OTHERS ENTITLED TO NOTICE UNDER SECTION 23.07
OF THIS ARTICLE.
S 23.17 PETITION FOR ADDITIONAL PERIODS OF TREATMENT.
(A) PRIOR TO THE EXPIRATION OF AN ORDER PURSUANT TO THIS SECTION, THE
APPROPRIATE DIRECTOR SHALL REVIEW WHETHER THE ASSISTED OUTPATIENT
CONTINUES TO MEET THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT. IF, AS
DOCUMENTED IN THE PETITION, THE DIRECTOR DETERMINES THAT SUCH CRITERIA
CONTINUE TO BE MET OR HAS MADE APPROPRIATE ATTEMPTS TO, BUT HAS NOT BEEN
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SUCCESSFUL IN ELICITING, THE COOPERATION OF THE SUBJECT TO SUBMIT TO AN
EXAMINATION, WITHIN THIRTY DAYS PRIOR TO THE EXPIRATION OF AN ORDER OF
ASSISTED OUTPATIENT TREATMENT, SUCH DIRECTOR MAY PETITION THE COURT TO
ORDER CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH TWO
OF THIS SUBDIVISION. UPON DETERMINING WHETHER SUCH CRITERIA CONTINUE TO
BE MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINATOR IN WRITING AS
TO WHETHER A PETITION FOR CONTINUED ASSISTED OUTPATIENT TREATMENT IS
WARRANTED AND WHETHER SUCH A PETITION WAS OR WILL BE FILED.
(B) WITHIN THIRTY DAYS PRIOR TO THE EXPIRATION OF AN ORDER OF ASSISTED
OUTPATIENT TREATMENT, THE APPROPRIATE DIRECTOR OR THE CURRENT PETITION-
ER, IF THE CURRENT PETITION WAS FILED PURSUANT TO SECTION 23.05 OF THIS
ARTICLE, 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 NOTICE PROVISIONS SET FORTH IN SECTION 23.15 OF THIS ARTICLE SHALL
BE APPLICABLE. ANY COURT ORDER REQUIRING PERIODIC BLOOD TESTS OR URINA-
LYSIS FOR THE PRESENCE OF ALCOHOL OR ILLEGAL DRUGS SHALL BE SUBJECT TO
REVIEW AFTER SIX MONTHS BY THE PHYSICIAN WHO DEVELOPED THE WRITTEN
TREATMENT PLAN OR ANOTHER PHYSICIAN DESIGNATED BY THE DIRECTOR, AND SUCH
PHYSICIAN SHALL BE AUTHORIZED TO TERMINATE SUCH BLOOD TESTS OR URINALY-
SIS WITHOUT FURTHER ACTION BY THE COURT.
S 23.19 PETITION FOR AN ORDER TO STAY, VACATE OR MODIFY.
(A) IN ADDITION TO ANY OTHER RIGHT OR REMEDY AVAILABLE BY LAW WITH
RESPECT TO THE ORDER FOR ASSISTED OUTPATIENT TREATMENT, THE ASSISTED
OUTPATIENT, OR ANYONE ACTING ON THE ASSISTED OUTPATIENT'S BEHALF MAY
PETITION THE COURT ON NOTICE TO THE DIRECTOR, THE ORIGINAL PETITIONER,
AND ALL OTHERS ENTITLED TO NOTICE UNDER SECTION 23.07 OF THIS ARTICLE TO
STAY, VACATE OR MODIFY THE ORDER.
(B) THE APPROPRIATE DIRECTOR SHALL PETITION THE COURT FOR APPROVAL
BEFORE INSTITUTING A PROPOSED MATERIAL CHANGE IN THE ASSISTED OUTPATIENT
TREATMENT PLAN, UNLESS SUCH CHANGE IS AUTHORIZED BY THE ORDER OF THE
COURT. SUCH PETITION SHALL BE FILED ON NOTICE TO ALL PARTIES ENTITLED TO
NOTICE UNDER SECTION 23.07 OF THIS ARTICLE. NOT LATER THAN FIVE DAYS
AFTER RECEIVING SUCH PETITION, EXCLUDING SATURDAYS, SUNDAYS AND HOLI-
DAYS, THE COURT SHALL HOLD A HEARING ON THE PETITION; PROVIDED THAT IF
THE ASSISTED OUTPATIENT INFORMS THE COURT THAT HE OR SHE AGREES TO THE
PROPOSED MATERIAL CHANGE, THE COURT MAY APPROVE SUCH CHANGE WITHOUT A
HEARING. NON-MATERIAL CHANGES MAY BE INSTITUTED BY THE DIRECTOR WITHOUT
COURT APPROVAL. FOR THE PURPOSES OF THIS PARAGRAPH, A MATERIAL CHANGE IS
AN ADDITION OR DELETION OF A CATEGORY OF SERVICES TO OR FROM A CURRENT
ASSISTED OUTPATIENT TREATMENT PLAN, OR ANY DEVIATION WITHOUT THE
ASSISTED OUTPATIENT'S CONSENT FROM THE TERMS OF A CURRENT ORDER RELATING
TO THE ADMINISTRATION OF PSYCHOTROPIC DRUGS.
S 23.21 APPEALS.
REVIEW OF AN ORDER ISSUED PURSUANT TO THIS SECTION SHALL BE HAD IN
LIKE MANNER AS SPECIFIED IN SECTION 9.35 OF ARTICLE NINE OF THIS CHAP-
TER.
S 23.23 FAILURE TO COMPLY WITH ASSISTED OUTPATIENT TREATMENT.
WHERE THE SUBJECT FAILS TO COMPLY WITH THE ASSISTED OUTPATIENT PLAN
SET FORTH IN ACCORDANCE WITH SECTION 23.15 OF THIS ARTICLE, THE SUBJECT
SHALL BE BROUGHT TO A FACILITY OR TREATMENT PROGRAM FOR EMERGENCY
SERVICES PURSUANT TO SECTION 22.09 OF THIS CHAPTER.
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S 23.25 EFFECT OF DETERMINATION THAT A PERSON IS IN NEED OF ASSISTED
OUTPATIENT TREATMENT.
THE DETERMINATION BY A COURT THAT A PERSON IS IN NEED OF ASSISTED
OUTPATIENT TREATMENT SHALL NOT BE CONSTRUED AS OR DEEMED TO BE A DETER-
MINATION THAT SUCH PERSON IS INCAPACITATED PURSUANT TO ARTICLE
EIGHTY-ONE OF THIS CHAPTER.
S 23.27 FALSE PETITION.
A PERSON MAKING A FALSE STATEMENT OR PROVIDING FALSE INFORMATION OR
FALSE TESTIMONY IN A PETITION OR HEARING UNDER THIS SECTION SHALL BE
SUBJECT TO CRIMINAL PROSECUTION PURSUANT TO ARTICLE ONE HUNDRED SEVEN-
TY-FIVE OR ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
S 23.29 EXCEPTION.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE ABILITY OF
THE DIRECTOR OF A HOSPITAL TO RECEIVE, ADMIT, OR RETAIN PATIENTS WHO
OTHERWISE MEET THE PROVISIONS OF THIS ARTICLE REGARDING RECEIPT,
RETENTION OR ADMISSION.
S 23.31 EDUCATION AND TRAINING.
(A) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN CONSUL-
TATION WITH THE OFFICE OF COURT ADMINISTRATION, SHALL PREPARE EDUCA-
TIONAL AND TRAINING MATERIALS ON THE USE OF THIS SECTION, WHICH SHALL BE
MADE AVAILABLE TO LOCAL GOVERNMENTAL UNITS, PROVIDERS OF SERVICES, JUDG-
ES, COURT PERSONNEL, LAW ENFORCEMENT OFFICIALS AND THE GENERAL PUBLIC.
(B) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN CONSUL-
TATION WITH THE OFFICE OF COURT ADMINISTRATION, SHALL ESTABLISH A
SUBSTANCE ABUSE TRAINING PROGRAM FOR SUPREME AND COUNTY COURT JUDGES AND
COURT PERSONNEL. SUCH TRAINING SHALL FOCUS ON THE USE OF THIS SECTION
AND GENERALLY ADDRESS ISSUES RELATING TO HEROIN AND OPIOID ADDICTION.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
