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

                                   631

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. CARLUCCI, BONACIC, BOYLE, FELDER, GALLIVAN, GOLDEN,
  GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS,
  NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD,  VALE-
  SKY,  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 abuse

  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 ABUSE
SECTION 23.01 ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE.
        23.03 DEFINITIONS.
        23.05 CRITERIA  FOR  ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE
                ABUSE.
        23.07 PETITION TO THE COURT.
        23.09 SERVICE.
        23.11 RIGHT TO COUNSEL.
        23.13 HEARING.
        23.15 WRITTEN TREATMENT PLAN.
        23.17 DISPOSITION.
        23.19 PETITIONS FOR ADDITIONAL PERIODS OF  TREATMENT;  PETITIONS
                FOR AN ORDER TO STAY, VACATE OR MODIFY; AND APPEALS.
        23.21 FAILURE TO COMPLY WITH ASSISTED OUTPATIENT TREATMENT.
        23.23 EFFECT  OF  DETERMINATION  THAT  A  PERSON  IS  IN NEED OF
                ASSISTED OUTPATIENT TREATMENT.
        23.25 FALSE PETITION.
        23.27 EDUCATION AND TRAINING.

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

S                                                          LBD02206-02-5

S. 631                              2

        23.29 THE ASSISTED  OUTPATIENT  TREATMENT  FOR  SUBSTANCE  ABUSE
                ADVISORY COUNCIL.
S 23.01 ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE.
  THERE  IS  HEREBY  ESTABLISHED  THE  ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE PROGRAM.  THIS  PROGRAM  SHALL  SERVE  INDIVIDUALS  WITH
SUBSTANCE  USE  DISORDERS  WHO, DUE TO OPIOID ABUSE, REQUIRE SERVICES TO
PREVENT THEM FROM CAUSING HARM TO THEMSELVES AND OTHERS. THE COMMISSION-
ER, IN CONSULTATION WITH THE COMMISSIONER OF THE  DEPARTMENT  OF  HEALTH
AND  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND IN CONJUNCTION
WITH THE ASSISTED OUTPATIENT  TREATMENT  FOR  SUBSTANCE  ABUSE  ADVISORY
COUNCIL,  SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLE-
MENT THE PROVISIONS OF THIS ARTICLE.
S 23.03 DEFINITIONS.
  FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (A)  "ASSISTED  OUTPATIENT  TREATMENT  FOR SUBSTANCE ABUSE" SHALL MEAN
CATEGORIES OF SERVICES THAT HAVE BEEN ORDERED BY THE COURT  PURSUANT  TO
THIS  ARTICLE.  SUCH TREATMENT SHALL INCLUDE CASE MANAGEMENT SERVICES TO
PROVIDE CARE COORDINATION, AND MAY ALSO INCLUDE  ANY  OF  THE  FOLLOWING
CATEGORIES  OF SERVICES: SUBSTANCE USE DISORDER SERVICES, DETOXIFICATION
AS DEEMED APPROPRIATE PURSUANT TO A WRITTEN TREATMENT  PLAN;  MEDICATION
SUPPORTED  RECOVERY;  INDIVIDUAL  OR  GROUP  THERAPY; DAY OR PARTIAL DAY
PROGRAMMING ACTIVITIES; TESTS FOR THE PRESENCE  OF  ALCOHOL  OR  ILLEGAL
DRUGS;  SUPERVISION  OF  LIVING ARRANGEMENTS; TREATMENT FOR CO-OCCURRING
DISORDERS; AND ANY OTHER  SERVICES  PRESCRIBED  TO  TREAT  THE  PERSON'S
SUBSTANCE  USE DISORDER AND TO ASSIST THE PERSON IN LIVING AND FUNCTION-
ING IN THE COMMUNITY, OR TO ATTEMPT TO  PREVENT  A  RELAPSE  OR  DETERI-
ORATION  THAT  MAY  REASONABLY  BE  PREDICTED  TO RESULT IN THE NEED FOR
HOSPITALIZATION OR SERIOUS HARM TO THE PERSON OR OTHERS.
  (B) "ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE PROGRAM"  SHALL
MEAN  A SYSTEM TO ARRANGE FOR, AND COORDINATE THE PROVISION OF, ASSISTED
OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE; TO MONITOR  TREATMENT  COMPLI-
ANCE  BY  ASSISTED OUTPATIENTS; TO TAKE APPROPRIATE STEPS TO ADDRESS THE
NEEDS OF SUCH INDIVIDUALS; AND TO ENSURE COMPLIANCE WITH COURT ORDERS.
  (C) "ASSISTED OUTPATIENT" SHALL MEAN THE PERSON UNDER A COURT ORDER TO
RECEIVE ASSISTED OUTPATIENT TREATMENT  FOR  SUBSTANCE  ABUSE  DUE  TO  A
SUBSTANCE USE DISORDER.
  (D)  "OPIOID" SHALL MEAN AN OPIATE, OPIUM, OPIUM POPPY OR POPPY STRAW;
AND ANY SALT, COMPOUND, DERIVATIVE, OR PREPARATION OF  THEREOF  THAT  IS
CHEMICALLY EQUIVALENT OR IDENTICAL TO SUCH SUBSTANCES.
  (E)  "SUBJECT  OF THE PETITION" OR "SUBJECT" SHALL MEAN THE PERSON WHO
IS ALLEGED IN A PETITION, FILED PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE,  TO  MEET  THE  CRITERIA  FOR  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE ABUSE.
  (F)  "SUBSTANCE USE DISORDER" SHALL MEAN THE MISUSE OF, DEPENDENCE ON,
OR ADDICTION TO A LEGAL OR ILLEGAL OPIOID LEADING TO  EFFECTS  THAT  ARE
DETRIMENTAL  TO  THE  INDIVIDUAL'S  PHYSICAL  AND  MENTAL HEALTH, OR THE
WELFARE OF OTHERS.
S 23.05 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE.
  (A) A PERSON MAY BE ORDERED TO RECEIVE ASSISTED  OUTPATIENT  TREATMENT
FOR SUBSTANCE ABUSE IF THE COURT FINDS THAT SUCH PERSON:
  (1) IS EIGHTEEN YEARS OF AGE OR OLDER; AND
  (2) IS SUFFERING FROM A SUBSTANCE USE DISORDER; AND
  (3)  IS  UNLIKELY  TO  SURVIVE  SAFELY IN THE COMMUNITY WITHOUT SUPER-
VISION, BASED ON A CLINICAL DETERMINATION; AND

S. 631                              3

  (4) HAS A HISTORY OF LACK OF COMPLIANCE WITH TREATMENT FOR A SUBSTANCE
USE DISORDER, AS EVIDENCED BY:
  (I)  PRIOR  TO  THE  FILING OF THE PETITION, AT LEAST TWICE WITHIN THE
LAST THIRTY-SIX MONTHS, HIS OR HER SUBSTANCE USE  DISORDER  HAS  BEEN  A
SIGNIFICANT  FACTOR  IN  NECESSITATING HOSPITALIZATION IN A HOSPITAL, AS
DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR RECEIPT  OF
SUBSTANCE ABUSE TREATMENT SERVICES IN A CORRECTIONAL FACILITY OR A LOCAL
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
  (II) PRIOR TO THE 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;  PROVIDED,  HOWEVER, THAT USE OF AN OPIOID ALONE SHALL
NOT BE DEEMED AS SATISFYING THIS REQUIREMENT; AND
  (5) IS, AS A RESULT OF HIS OR HER SUBSTANCE ABUSE, UNLIKELY TO  VOLUN-
TARILY  PARTICIPATE IN SUBSTANCE USE DISORDER SERVICES THAT WOULD ENABLE
HIM OR HER TO LIVE SAFELY IN THE COMMUNITY; AND
  (6) IN VIEW OF HIS OR HER TREATMENT HISTORY AND CURRENT  BEHAVIOR,  IS
IN NEED OF ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE IN ORDER TO
PREVENT  A  RELAPSE  OR  DETERIORATION THAT WOULD BE LIKELY TO RESULT IN
SERIOUS HARM TO THE PERSON OR OTHERS; AND
  (7) IS LIKELY  TO  BENEFIT  FROM  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE ABUSE.
S 23.07 PETITION TO THE COURT.
  (A)  A PETITION FOR AN ORDER AUTHORIZING ASSISTED OUTPATIENT TREATMENT
FOR SUBSTANCE ABUSE 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 FOR SUBSTANCE ABUSE 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, OR CHILD OF THE SUBJECT OF THE  PETI-
TION WHO IS EIGHTEEN YEARS OF AGE OR OLDER; OR
  (3)  ANY  OTHER PERSON DEEMED APPROPRIATE BY THE COMMISSIONER IN REGU-
LATION.
  (B) THE PETITION SHALL STATE:
  (1) EACH  OF  THE  CRITERIA  FOR  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE ABUSE AS SET FORTH IN SECTION 23.05 OF THIS ARTICLE;
  (2)  FACTS  WHICH  SUPPORT THE PETITIONER'S BELIEF THAT THE SUBJECT OF
THE PETITION MEETS EACH CRITERION, PROVIDED  THAT  THE  HEARING  ON  THE
PETITION NEED NOT BE LIMITED TO THE STATED FACTS; AND
  (3)  THAT  THE  SUBJECT  OF  THE PETITION IS PRESENT, OR IS REASONABLY
BELIEVED TO BE PRESENT, WITHIN THE COUNTY WHERE SUCH PETITION IS FILED.
  (C) THE PETITION SHALL BE ACCOMPANIED BY AN AFFIRMATION  OR  AFFIDAVIT
OF A PHYSICIAN, WHO SHALL NOT BE THE PETITIONER, STATING EITHER THAT:
  (1) SUCH PHYSICIAN HAS PERSONALLY EXAMINED THE SUBJECT OF THE PETITION
NO  MORE  THAN  TEN DAYS PRIOR TO THE SUBMISSION OF THE PETITION, RECOM-
MENDS ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE FOR THE  SUBJECT
OF  THE  PETITION,  AND IS WILLING AND ABLE TO TESTIFY AT THE HEARING ON
THE PETITION; OR
  (2) NO MORE THAN TEN DAYS PRIOR TO THE FILING OF  THE  PETITION,  SUCH
PHYSICIAN  OR HIS OR HER DESIGNEE HAS MADE APPROPRIATE ATTEMPTS, BUT HAS

S. 631                              4

NOT BEEN SUCCESSFUL IN ELICITING THE COOPERATION OF THE SUBJECT  OF  THE
PETITION  TO  SUBMIT  TO  AN  EXAMINATION;  SUCH PHYSICIAN HAS REASON TO
SUSPECT THAT THE SUBJECT OF THE PETITION MEETS THE CRITERIA FOR ASSISTED
OUTPATIENT  TREATMENT FOR SUBSTANCE ABUSE; AND SUCH PHYSICIAN IS WILLING
AND ABLE TO EXAMINE THE SUBJECT OF THE PETITION AND TESTIFY AT THE HEAR-
ING ON THE PETITION.
  (D) IN COUNTIES WITH A POPULATION OF LESS THAN SEVENTY-FIVE  THOUSAND,
THE AFFIRMATION OR AFFIDAVIT REQUIRED BY SUBDIVISION (C) OF THIS SECTION
MAY BE MADE BY A PHYSICIAN WHO IS AN EMPLOYEE OF THE OFFICE.  THE OFFICE
IS  AUTHORIZED  TO MAKE AVAILABLE, AT NO COST TO THE COUNTY, A QUALIFIED
PHYSICIAN FOR THE  PURPOSE  OF  MAKING  SUCH  AFFIRMATION  OR  AFFIDAVIT
CONSISTENT WITH THE PROVISIONS OF SUCH SUBDIVISION.
S 23.09 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 SUCH OTHER PERSONS AS THE COMMISSIONER DEEMS
APPROPRIATE IN REGULATION.
S 23.11 RIGHT TO COUNSEL.
  THE SUBJECT OF THE PETITION SHALL HAVE THE RIGHT TO BE REPRESENTED  BY
COUNSEL AT ALL STAGES OF A PROCEEDING COMMENCED UNDER THIS SECTION.
S 23.13 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 FOR SUBSTANCE ABUSE EXPEDITIOUSLY. THE COURT SHALL
CAUSE THE SUBJECT OF THE PETITION, ANY  OTHER  PERSON  RECEIVING  NOTICE
PURSUANT TO SECTION 23.09 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 THE PETITION IS AVAILABLE, EXAMINE THE SUBJECT OF  THE  PETI-
TION  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  PETI-
TION.
  (B)  THE  COURT  SHALL  NOT  ORDER  ASSISTED  OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE UNLESS AN EXAMINING PHYSICIAN, WHO  RECOMMENDS  ASSISTED
OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE 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 DETERMINATIONS THAT SUPPORT THE ALLEGATION THAT
THE SUBJECT OF THE PETITION MEETS EACH  OF  THE  CRITERIA  FOR  ASSISTED
OUTPATIENT  TREATMENT  FOR  SUBSTANCE  ABUSE.  THE COMMISSIONER SHALL IN
REGULATION ADDRESS INSTANCES  IN  WHICH  THE  SUBJECT  OF  THE  PETITION
REFUSES EXAMINATION BY A PHYSICIAN.
  (C)  A  PHYSICIAN  WHO  TESTIFIES  PURSUANT TO SUBDIVISION (B) OF THIS
SECTION SHALL STATE: (I) THE FACTS THAT SUPPORT THE ALLEGATION THAT  THE
SUBJECT MEETS EACH OF THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE, (II) THAT THE TREATMENT IS THE LEAST RESTRICTIVE ALTER-
NATIVE,   (III)   THE  RECOMMENDED  ASSISTED  OUTPATIENT  TREATMENT  FOR

S. 631                              5

SUBSTANCE ABUSE, AND (IV) THE RATIONALE  FOR  THE  RECOMMENDED  ASSISTED
OUTPATIENT  TREATMENT  FOR  SUBSTANCE ABUSE. IF THE RECOMMENDED ASSISTED
OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE INCLUDES  MEDICATION  SUPPORTED
RECOVERY,  SUCH  PHYSICIAN'S TESTIMONY SHALL PROVIDE SUCH DETAILS AS THE
COMMISSIONER SHALL REQUIRE IN REGULATION.
  (D) 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 23.15 WRITTEN TREATMENT PLAN.
  (A) THE COURT  SHALL  NOT  ORDER  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE  ABUSE UNLESS A PHYSICIAN DEVELOPS AND PROVIDES TO THE COURT A
PROPOSED WRITTEN TREATMENT PLAN, IN ACCORDANCE WITH REGULATIONS  PROMUL-
GATED BY THE COMMISSIONER. THE WRITTEN TREATMENT PLAN SHALL INCLUDE CASE
MANAGEMENT  SERVICES TO PROVIDE CARE COORDINATION. THE WRITTEN TREATMENT
PLAN ALSO SHALL INCLUDE ALL CATEGORIES OF SERVICES THAT  SUCH  PHYSICIAN
RECOMMENDS THAT THE SUBJECT OF THE PETITION RECEIVE. ALL SUBSTANCE ABUSE
PROGRAMS  SHALL  BE  NOTIFIED  REGARDING  THEIR INCLUSION IN THE WRITTEN
TREATMENT PLAN.
  (B) THE PHYSICIAN APPOINTED TO  DEVELOP  THE  WRITTEN  TREATMENT  PLAN
SHALL  PROVIDE  THE  FOLLOWING  PERSONS  WITH AN OPPORTUNITY TO ACTIVELY
PARTICIPATE IN THE DEVELOPMENT OF SUCH PLAN: THE SUBJECT  OF  THE  PETI-
TION;  THE  TREATING  PHYSICIAN,  IF  ANY;  AND  UPON THE REQUEST OF THE
SUBJECT OF THE  PETITION,  AN  INDIVIDUAL  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 SHALL CONSIDER ANY
DIRECTIONS  INCLUDED  IN  SUCH PROXY IN DEVELOPING THE WRITTEN TREATMENT
PLAN.
  (C) THE COURT  SHALL  NOT  ORDER  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE  ABUSE UNLESS A PHYSICIAN WHO DEVELOPED SUCH PLAN TESTIFIES TO
EXPLAIN THE PROPOSED WRITTEN TREATMENT PLAN. SUCH PHYSICIAN SHALL  STATE
THE  CATEGORIES  OF  ASSISTED  OUTPATIENT  TREATMENT FOR SUBSTANCE ABUSE
RECOMMENDED, THE RATIONALE FOR EACH SUCH CATEGORY, FACTS WHICH ESTABLISH
THAT SUCH TREATMENT IS THE LEAST RESTRICTIVE ALTERNATIVE, AND ANY  OTHER
INFORMATION  REQUIRED  BY THE COMMISSIONER IN REGULATION. IF THE SUBJECT
OF THE PETITION HAS EXECUTED A HEALTH CARE PROXY, SUCH  PHYSICIAN  SHALL
STATE  THE  CONSIDERATION GIVEN TO ANY DIRECTIONS INCLUDED IN SUCH PROXY
IN DEVELOPING THE WRITTEN TREATMENT PLAN.
S 23.17 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  FOR  SUBSTANCE  ABUSE,  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  FOR SUBSTANCE ABUSE, AND
THERE IS NO APPROPRIATE AND FEASIBLE LESS RESTRICTIVE  ALTERNATIVE,  THE
COURT MAY ORDER THE SUBJECT TO RECEIVE ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE  ABUSE  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 FOR SUBSTANCE ABUSE
PLAN, WHICH SHALL INCLUDE ALL CATEGORIES OF ASSISTED  OUTPATIENT  TREAT-
MENT FOR SUBSTANCE ABUSE THAT THE ASSISTED OUTPATIENT IS TO RECEIVE, BUT
SHALL  NOT  INCLUDE  ANY  SUCH CATEGORY THAT HAS NOT BEEN RECOMMENDED IN

S. 631                              6

BOTH THE PROPOSED WRITTEN TREATMENT PLAN AND THE TESTIMONY  PROVIDED  TO
THE COURT PURSUANT TO SECTION 23.15 OF THIS ARTICLE.
  (C)  THE COMMISSIONER SHALL ESTABLISH IN REGULATION PROCEDURES FOR THE
PROVISION OR ARRANGEMENT  FOR  ALL  CATEGORIES  OF  ASSISTED  OUTPATIENT
TREATMENT  FOR SUBSTANCE ABUSE TO THE ASSISTED OUTPATIENT THROUGHOUT THE
PERIOD OF THE ORDER.
  (D) 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 23.09
OF THIS ARTICLE.
S 23.19 PETITIONS  FOR ADDITIONAL PERIODS OF TREATMENT; PETITIONS FOR AN
          ORDER TO STAY, VACATE OR MODIFY; AND APPEALS.
  THE COMMISSIONER SHALL ESTABLISH IN REGULATION SUCH RULES  AND  PROCE-
DURES TO ENSURE THAT ASSISTED OUTPATIENTS: RECEIVE APPROPRIATE SUBSTANCE
USE DISORDER SERVICES; ARE AFFORDED ALL RIGHTS AND REMEDIES AVAILABLE BY
LAW  WITH  RESPECT  TO  THE  ORDER FOR ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE, INCLUDING THE ABILITY TO PETITION THE  COURT  TO  STAY,
VACATE  OR  MODIFY THE ORDER; AND ARE GIVEN THE OPPORTUNITY TO APPEAL AN
ORDER ISSUED PURSUANT TO THIS ARTICLE.
S 23.21 FAILURE TO COMPLY WITH ASSISTED OUTPATIENT TREATMENT.
  WHERE THE SUBJECT FAILS TO COMPLY WITH  THE  ASSISTED  OUTPATIENT  FOR
SUBSTANCE  ABUSE  TREATMENT  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 TITLE.
S 23.23 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 FOR SUBSTANCE ABUSE SHALL NOT BE  CONSTRUED  AS  OR
DEEMED  TO BE A DETERMINATION THAT SUCH PERSON IS INCAPACITATED PURSUANT
TO ARTICLE EIGHTY-ONE OF THIS CHAPTER.
S 23.25 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 23.27 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,  IN  CONSULTATION  WITH THE OFFICE OF COURT ADMINIS-
TRATION, 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 23.29 THE  ASSISTED  OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE ADVISORY
          COUNCIL.
  THERE  IS  HEREBY  CREATED  THE  ASSISTED  OUTPATIENT  TREATMENT   FOR
SUBSTANCE ABUSE ADVISORY COUNCIL.  (A) THE COUNCIL SHALL CONSIST OF: THE
COMMISSIONER, OR HIS OR HER DESIGNEE; THE COMMISSIONER OF MENTAL HEALTH,
OR HIS OR HER DESIGNEE; THE COMMISSIONER OF HEALTH, OR HIS OR HER DESIG-
NEE;  AND  FOURTEEN  MEMBERS  APPOINTED  BY THE GOVERNOR BY AND WITH THE

S. 631                              7

ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL  DESIGNATE  ONE  OF
THE  APPOINTED  MEMBERS OF THE COUNCIL AS CHAIR, WHO SHALL SERVE AS SUCH
FOR A THREE YEAR TERM. MEMBERSHIP SHALL BE REPRESENTATIVE OF THE PUBLIC,
SHALL  HAVE  BROAD  PROGRAMMATIC  AND  GEOGRAPHIC  REPRESENTATION, SHALL
INCLUDE BOTH NOT-FOR-PROFIT AND PROPRIETARY PROVIDERS OF SUBSTANCE ABUSE
SERVICES, AND SHALL INCLUDE:
  (1) FIVE CONSUMER REPRESENTATIVES, INCLUDING PERSONS WHO ARE  RECOVER-
ING  FROM  SUBSTANCE  USE  DISORDERS,  THEIR FAMILY MEMBERS, AND PATIENT
ADVOCATES.
  (2) FIVE REPRESENTATIVES OF PROVIDERS  OF  SERVICES  TO  PERSONS  WITH
SUBSTANCE USE DISORDERS, INCLUDING BUT NOT LIMITED TO REPRESENTATIVES OF
FREE STANDING SUBSTANCE ABUSE FACILITIES, GENERAL HOSPITALS, RESIDENTIAL
FACILITIES  FOR  PERSONS WHO ABUSE OR ARE DEPENDENT UPON OPIOIDS, METHA-
DONE MAINTENANCE PROGRAMS, AND OUTPATIENT  FACILITIES  FOR  PERSONS  WHO
ABUSE  OR  ARE DEPENDENT ON OPIOIDS. OF THESE APPOINTMENTS, AT LEAST ONE
REPRESENTATIVE MUST BE A PHYSICIAN.
  (3) FOUR REPRESENTATIVES OF LAW ENFORCEMENT,  LOCAL  GOVERNMENTS,  AND
PUBLIC AND PRIVATE PAYORS OF ALCOHOLISM SUBSTANCE ABUSE TREATMENT.
  (B)  MEMBERS  SHALL  BE  APPOINTED  FOR TERMS OF THREE YEARS, PROVIDED
HOWEVER, THAT  OF  THE  MEMBERS  FIRST  APPOINTED,  ONE-THIRD  SHALL  BE
APPOINTED  FOR  ONE  YEAR TERMS AND ONE-THIRD SHALL BE APPOINTED FOR TWO
YEAR TERMS. VACANCIES SHALL BE FILLED IN THE  SAME  MANNER  AS  ORIGINAL
APPOINTMENTS FOR THE REMAINDER OF ANY UNEXPIRED TERM.
  (C)  THE COUNCIL SHALL MEET AT THE REQUEST OF ITS CHAIR OR THE COMMIS-
SIONER, BUT NO LESS FREQUENTLY THAN FOUR TIMES  IN  EACH  FULL  CALENDAR
YEAR.
  (D)  THE  COUNCIL  SHALL  PROVIDE  RECOMMENDATIONS TO THE COMMISSIONER
REGARDING POLICIES, RULES AND REGULATIONS  NECESSARY  TO  IMPLEMENT  THE
ASSISTED  OUTPATIENT  TREATMENT FOR SUBSTANCE ABUSE PROGRAM ACCORDING TO
THIS ARTICLE.
  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.