S T A T E O F N E W Y O R K
________________________________________________________________________
6248--B
I N S E N A T E
(PREFILED)
January 6, 2016
___________
Introduced by Sens. ORTT, ADDABBO -- read twice and ordered printed, and
when printed to be committed to the Committee on Alcoholism and Drug
Abuse -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the mental hygiene law, in relation to emergency inter-
vention for persons impaired by substances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 22.09 of the mental hygiene law, as added by chap-
ter 558 of the laws of 1999, is amended to read as follows:
S 22.09 Emergency services for persons intoxicated, impaired, or inca-
pacitated by alcohol [and/or substances].
(a) As used in this article:
1. "Intoxicated or impaired person" means a person whose mental or
physical functioning is substantially impaired as a result of the pres-
ence of alcohol [and/or substances] in his or her body.
2. "Incapacitated" means that a person, as a result of the use of
alcohol [and/or substances], is unconscious or has his or her judgment
otherwise so impaired that he or she is incapable of realizing and
making a rational decision with respect to his or her need for treat-
ment.
3. "Likelihood to result in harm" or "likely to result in harm" means
(i) a substantial risk of physical harm to the person as manifested by
threats of or attempts at suicide or serious bodily harm or other
conduct demonstrating that the person is dangerous to himself or
herself, or (ii) a substantial risk of physical harm to other persons as
manifested by homicidal or other violent behavior by which others are
placed in reasonable fear of serious physical harm.
4. "Hospital" means a general hospital as defined in article twenty-
eight of the public health law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13217-05-6
S. 6248--B 2
(b) An intoxicated or impaired person may come voluntarily for emer-
gency treatment to a chemical dependence program or treatment facility
authorized by the commissioner to give such emergency treatment. A
person who appears to be intoxicated or impaired and who consents to the
proffered help may be assisted by any peace officer acting pursuant to
his or her special duties, police officer, or by a designee of the
director of community services to return to his or her home, to a chemi-
cal dependence program or treatment facility, or to any other facility
authorized by the commissioner to give emergency treatment. In such
cases, the peace officer, police officer, or designee of the director of
community services shall accompany the intoxicated or impaired person in
a manner which is reasonably designed to assure his or her safety, as
set forth in regulations promulgated in accordance with subdivision (f)
of this section.
(c) A person who appears to be incapacitated by alcohol [and/or
substances] to the degree that there is a likelihood to result in harm
to the person or to others may be taken by a peace officer acting pursu-
ant to his or her special duties, or a police officer who is a member of
the state police or of an authorized police department or force or of a
sheriff's department or by the director of community services or a
person duly designated by him or her to a general hospital or to any
other place authorized by the commissioner in regulations promulgated in
accordance with subdivision (f) of this section to give emergency treat-
ment, for immediate observation, care, and emergency treatment. Every
reasonable effort shall be made to protect the health and safety of such
person, including but not limited to the requirement that the peace
officer, police officer, or director of community services or his or her
designee shall accompany the apparently incapacitated person in a manner
which is reasonably designed to assure his or her safety, as set forth
in regulations promulgated in accordance with subdivision (f) of this
section.
(d) A person who comes voluntarily or is brought without his or her
objection to any such facility or program in accordance with subdivision
(c) of this section shall be given emergency care and treatment at such
place if found suitable therefor by authorized personnel, or referred to
another suitable facility or treatment program for care and treatment,
or sent to his or her home.
(e) A person who is brought with his or her objection to any facility
or treatment program in accordance with subdivision (c) of this section
shall be examined as soon as possible by an examining physician. If such
examining physician determines that such person is incapacitated by
alcohol [and/or substances] to the degree that there is a likelihood to
result in harm to the person or others, he or she may be retained for
emergency treatment. If the examining physician determines that such
person is not incapacitated by alcohol [and/or substances] to the degree
that there is a likelihood to result in harm to the person or others, he
or she must be released. Notwithstanding any other law, in no event may
such person be retained against his or her objection beyond whichever is
the shorter of the following: (i) the time that he or she is no longer
incapacitated by alcohol [and/or substances] to the degree that there is
a likelihood to result in harm to the person or others or (ii) a period
longer than forty-eight hours.
1. Every reasonable effort must be made to obtain the person's consent
to give prompt notification of a person's retention in a facility or
program pursuant to this section to his or her closest relative or
friend, and, if requested by such person, to his or her attorney and
S. 6248--B 3
personal physician, in accordance with federal confidentiality regu-
lations.
2. A person may not be retained pursuant to this section beyond a
period of forty-eight hours without his or her consent. Persons suitable
therefor may be voluntarily admitted to a chemical dependence program or
facility pursuant to this article.
(f) The commissioner shall promulgate regulations, after consulting
with representatives of appropriate law enforcement and chemical depend-
ence providers of services, establishing procedures for taking intoxi-
cated or impaired persons and persons apparently incapacitated by alco-
hol [and/or substances] to their residences or to appropriate public or
private facilities for emergency treatment and for minimizing the role
of the police in obtaining treatment of such persons.
S 2. The mental hygiene law is amended by adding a new section 22.10
to read as follows:
S 22.10 EMERGENCY SERVICES FOR PERSONS IMPAIRED OR INCAPACITATED BY
SUBSTANCES.
(A) DEFINITIONS. AS USED IN THIS ARTICLE:
1. "IMPAIRED PERSON" MEANS A PERSON WHOSE MENTAL OR PHYSICAL FUNCTION-
ING IS SUBSTANTIALLY IMPAIRED AS A RESULT OF THE PRESENCE OF SUBSTANCES
IN HIS OR HER BODY.
2. "INCAPACITATED" MEANS THAT A PERSON, AS A RESULT OF THE USE OF
SUBSTANCES, IS UNCONSCIOUS OR HAS HIS OR HER JUDGMENT OTHERWISE SO
IMPAIRED THAT HE OR SHE IS INCAPABLE OF REALIZING AND MAKING A RATIONAL
DECISION WITH RESPECT TO HIS OR HER NEED FOR TREATMENT.
3. "LIKELIHOOD TO RESULT IN HARM" OR "LIKELY TO RESULT IN HARM" MEANS
(I) A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON AS MANIFESTED BY
THREATS OF OR ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM OR OTHER
CONDUCT DEMONSTRATING THAT THE PERSON IS DANGEROUS TO HIMSELF OR
HERSELF, OR (II) A SUBSTANTIAL RISK OF PHYSICAL HARM TO OTHER PERSONS AS
MANIFESTED BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY WHICH OTHERS ARE
PLACED IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM.
4. "EMERGENCY SERVICES" MEANS IMMEDIATE VOLUNTARY OR INVOLUNTARY PHYS-
ICAL EXAMINATION, ASSESSMENT, CARE AND TREATMENT OF AN IMPAIRED PERSON
WHO HAS BECOME INCAPACITATED IN ORDER TO ACHIEVE STABILIZATION AND/OR
SUBSEQUENT ADMISSION TO EXTENDED VOLUNTARY OR INVOLUNTARY TREATMENT.
5. "TREATMENT FACILITY" MEANS A HOSPITAL AS DEFINED IN ARTICLE TWEN-
TY-EIGHT OF THE PUBLIC HEALTH LAW, OR A CHEMICAL DEPENDENCE PROGRAM
FACILITY CERTIFIED OR APPROVED BY THE COMMISSIONER.
6. "SUBSTANCE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
THIRTY-NINE OF SECTION 1.03 OF THIS CHAPTER.
(B) VOLUNTARY EMERGENCY SERVICES. 1. AN IMPAIRED PERSON MAY COME
VOLUNTARILY FOR EMERGENCY SERVICES TO A CHEMICAL DEPENDENCE PROGRAM OR
TREATMENT FACILITY AUTHORIZED BY THE COMMISSIONER TO PROVIDE SUCH EMER-
GENCY SERVICES. A PERSON WHO APPEARS TO BE IMPAIRED AND WHO CONSENTS TO
THE PROFFERED HELP SHALL BE ASSISTED BY ANY PEACE OFFICER ACTING PURSU-
ANT TO HIS OR HER SPECIAL DUTIES, POLICE OFFICER, OR BY A DESIGNEE OF
THE DIRECTOR OF COMMUNITY SERVICES TO RETURN TO HIS OR HER HOME, TO A
CHEMICAL DEPENDENCE PROGRAM OR TREATMENT FACILITY, OR TO ANY OTHER
FACILITY AUTHORIZED BY THE COMMISSIONER TO PROVIDE EMERGENCY SERVICES.
IN SUCH CASES, THE PEACE OFFICER, POLICE OFFICER, OR DESIGNEE OF THE
DIRECTOR OF COMMUNITY SERVICES SHALL ACCOMPANY THE IMPAIRED PERSON IN A
MANNER WHICH IS REASONABLY DESIGNED TO ASSURE HIS OR HER SAFETY, AS SET
FORTH IN REGULATIONS PROMULGATED IN ACCORDANCE WITH SUBDIVISION (F) OF
THIS SECTION.
S. 6248--B 4
2. CONSISTENT WITH SUBDIVISION (B) OF SECTION 22.07 OF THIS ARTICLE, A
PERSON WHO APPEARS TO BE INCAPACITATED BY SUBSTANCES TO THE DEGREE THAT
THERE IS A LIKELIHOOD TO RESULT IN HARM TO THE PERSON OR TO OTHERS SHALL
BE TAKEN BY A PEACE OFFICER ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES, OR A POLICE OFFICER WHO IS A MEMBER OF THE STATE POLICE OR OF AN
AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPARTMENT OR BY
THE DIRECTOR OF COMMUNITY SERVICES OR A PERSON DULY DESIGNATED BY HIM OR
HER, OR PURSUANT TO PETITION TO THE DIRECTOR OF COMMUNITY SERVICES
PURSUANT TO SUBDIVISION (D) OF THIS SECTION, TO A TREATMENT FACILITY FOR
PURPOSES OF RECEIVING EMERGENCY SERVICES. EVERY REASONABLE EFFORT SHALL
BE MADE TO PROTECT THE HEALTH AND SAFETY OF SUCH PERSON, INCLUDING BUT
NOT LIMITED TO THE REQUIREMENT THAT THE PEACE OFFICER, POLICE OFFICER,
OR DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE SHALL ACCOMPANY
THE APPARENTLY INCAPACITATED PERSON IN A MANNER WHICH IS REASONABLY
DESIGNED TO ASSURE HIS OR HER SAFETY, AS SET FORTH IN REGULATIONS
PROMULGATED IN ACCORDANCE WITH SUBDIVISION (F) OF THIS SECTION.
3. A PERSON WHO COMES VOLUNTARILY OR IS BROUGHT WITHOUT HIS OR HER
OBJECTION TO ANY SUCH TREATMENT FACILITY IN ACCORDANCE WITH PARAGRAPH
TWO OF THIS SUBDIVISION SHALL BE PROVIDED EMERGENCY SERVICES AT SUCH
PLACE IF FOUND SUITABLE BY AUTHORIZED PERSONNEL, OR REFERRED TO ANOTHER
SUITABLE FACILITY OR TREATMENT PROGRAM FOR EMERGENCY SERVICES, OR SENT
TO HIS OR HER HOME.
4. A PERSON WHO IS BROUGHT WITH HIS OR HER OBJECTION TO ANY TREATMENT
FACILITY IN ACCORDANCE WITH PARAGRAPH TWO OF THIS SUBDIVISION SHALL BE
EXAMINED AS SOON AS POSSIBLE BY AN EXAMINING PHYSICIAN. IF SUCH EXAMIN-
ING PHYSICIAN DETERMINES THAT SUCH PERSON IS INCAPACITATED BY SUBSTANCES
TO THE DEGREE THAT THERE IS A LIKELIHOOD TO RESULT IN HARM TO THE PERSON
OR OTHERS, HE OR SHE MAY BE RETAINED FOR EMERGENCY TREATMENT TO ACHIEVE
STABILIZATION. IF THE EXAMINING PHYSICIAN DETERMINES THAT SUCH PERSON IS
NOT INCAPACITATED BY SUBSTANCES TO THE DEGREE THAT THERE IS A LIKELIHOOD
TO RESULT IN HARM TO THE PERSON OR OTHERS, HE OR SHE MUST BE RELEASED.
EXCEPT AS PROVIDED IN SUBDIVISION (C) OF THIS SECTION, IN NO EVENT MAY
SUCH PERSON BE RETAINED AGAINST HIS OR HER OBJECTION BEYOND WHICHEVER IS
THE SHORTER OF THE FOLLOWING:
(I) THE TIME THAT HE OR SHE IS NO LONGER INCAPACITATED BY SUBSTANCES
TO THE DEGREE THAT THERE IS A LIKELIHOOD TO RESULT IN HARM TO THE PERSON
OR OTHERS OR;
(II) A PERIOD LONGER THAN SEVENTY-TWO HOURS.
5. EVERY REASONABLE EFFORT MUST BE MADE TO OBTAIN THE PERSON'S CONSENT
TO GIVE PROMPT NOTIFICATION OF A PERSON'S RETENTION IN A FACILITY OR
PROGRAM PURSUANT TO THIS SUBDIVISION TO HIS OR HER CLOSEST RELATIVE OR
FRIEND, AND, IF REQUESTED BY SUCH PERSON, TO HIS OR HER ATTORNEY AND
PERSONAL PHYSICIAN, IN ACCORDANCE WITH FEDERAL CONFIDENTIALITY REGU-
LATIONS.
(C) INVOLUNTARY EMERGENCY SERVICES ON CERTIFICATE OF A DIRECTOR OF
COMMUNITY SERVICES OR DESIGNEE. 1. THE DIRECTOR OF A TREATMENT FACILITY
DESIGNATED BY THE COMMISSIONER TO PROVIDE EMERGENCY SERVICES SHALL UPON
THE CERTIFICATE OF A LOCAL DIRECTOR OF COMMUNITY SERVICES OR A PHYSICIAN
DULY DESIGNATED BY THE DIRECTOR OF COMMUNITY SERVICES, RECEIVE AND CARE
FOR IN SUCH FACILITY AS A PATIENT ANY PERSON WHO, IN THE OPINION OF THE
DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE SOUGHT BY PETITION
PURSUANT TO SUBDIVISION (D) OF THIS SECTION, IS INCAPACITATED SUCH THAT
SUCH PERSON'S USE OR ABUSE OF CHEMICAL SUBSTANCES IS LIKELY TO RESULT IN
HARM TO HIMSELF, HERSELF OR OTHERS AND FOR WHOM IMMEDIATE INVOLUNTARY
EMERGENCY SERVICES IS APPROPRIATE.
S. 6248--B 5
2. THE NEED FOR IMMEDIATE INVOLUNTARY EMERGENCY SERVICES SHALL BE
CONFIRMED PRIOR TO ADMISSION BY A PHYSICIAN AFFILIATED WITH THE FACILI-
TY. EXCLUDING SUNDAYS AND HOLIDAYS, IF THE PHYSICIAN RECOMMENDS SUCH
PATIENT BE RETAINED FOR EMERGENCY SERVICES BEYOND SEVENTY-TWO HOURS AND
THE PATIENT DOES NOT AGREE TO REMAIN IN SUCH FACILITY AS A VOLUNTARY
PATIENT, THE CERTIFICATE OF SUCH PHYSICIAN ATTESTING THAT THE PATIENT IS
IN NEED OF EXTENDED INVOLUNTARY EMERGENCY SERVICES SHALL BE FILED WITH
THE FACILITY. FROM THE TIME OF SUCH PATIENT'S ADMISSION UNDER THIS
SUBDIVISION THE RETENTION OF SUCH PATIENT FOR EMERGENCY SERVICES BEYOND
SEVENTY-TWO HOURS SHALL BE SUBJECT TO THE PROVISIONS FOR NOTICE, HEAR-
ING, REVIEW, AND JUDICIAL APPROVAL PROVIDED BY THIS ARTICLE FOR THE
ADMISSION AND RETENTION OF INVOLUNTARY PATIENTS, PROVIDED THAT, FOR THE
PURPOSES OF SUCH PROVISIONS, THE DATE OF ADMISSION OF THE PATIENT SHALL
BE DEEMED TO BE THE DATE WHEN THE PATIENT WAS FIRST RECEIVED IN THE
FACILITY PURSUANT TO THIS SUBDIVISION.
(D) PETITION TO LOCAL DIRECTOR OF COMMUNITY SERVICES FOR VOLUNTARY OR
INVOLUNTARY EMERGENCY SERVICES. 1. A PETITION FOR EMERGENCY SERVICES MAY
BE SOUGHT FOR AN ADULT OR FOR A MINOR BY PETITION TO A LOCAL GOVERN-
MENTAL UNIT'S DIRECTOR OF COMMUNITY SERVICES IN ACCORDANCE WITH THIS
SUBDIVISION. ANY ONE OF THE FOLLOWING PERSONS MAY PETITION THE DIRECTOR
OF COMMUNITY SERVICES:
(I) IN THE CASE OF AN ADULT, A PHYSICIAN, THE PERSON'S SPOUSE OR GUAR-
DIAN, ANY RELATIVE OF THE PERSON, OR ANY OTHER ADULT WHO HAS PERSONAL
KNOWLEDGE OF A PERSON'S SUBSTANCE ABUSE IMPAIRMENT; OR
(II) IN THE CASE OF A MINOR, THE MINOR'S PARENT, LEGAL GUARDIAN, OR
LEGAL CUSTODIAN.
2. PETITION FOR ADMISSION OF A PATIENT TO A TREATMENT FACILITY FOR
EMERGENCY SERVICES PURSUANT TO THIS SECTION SHALL BE BASED UPON A
PERSONAL EXAMINATION BY A DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER
DESIGNEE. IT SHALL BE IN WRITING AND SHALL BE FILED WITH THE DIRECTOR OF
A FACILITY AT THE TIME OF THE PATIENT'S RECEPTION, TOGETHER WITH A
STATEMENT IN A FORM PRESCRIBED BY THE COMMISSIONER GIVING SUCH INFORMA-
TION AS HE OR SHE MAY DEEM APPROPRIATE. A PETITION FOR ADMISSION FOR
EMERGENCY SERVICES MUST ESTABLISH THE REASON THE PETITIONER BELIEVES
THAT THERE IS A LIKELIHOOD TO RESULT IN HARM TO THE PERSON OR OTHERS
UNLESS HE OR SHE IS ADMITTED FOR IMMEDIATE EMERGENCY SERVICES. A PETI-
TION MUST INCLUDE:
(I) THE NAME OF THE PERSON TO BE ADMITTED, THE NAME AND SIGNATURE OF
THE PETITIONER, THE RELATIONSHIP BETWEEN THE PERSON TO BE ADMITTED AND
THE APPLICANT; AND
(II) THE REASON THE PETITIONER BELIEVES THAT BECAUSE OF SUCH IMPAIR-
MENT THE PERSON HAS LOST THE POWER OF SELF-CONTROL WITH RESPECT TO
SUBSTANCE ABUSE; AND
(III) THE REASON THE PETITIONER BELIEVES THAT THE PERSON'S REFUSAL TO
VOLUNTARILY RECEIVE EMERGENCY SERVICES IS BASED ON JUDGEMENT SO IMPAIRED
BY REASON OF SUBSTANCE ABUSE THAT HE OR SHE IS INCAPABLE OF APPRECIATING
HIS OR HER NEED FOR SUCH SERVICES AND OF MAKING A RATIONAL DECISION
REGARDING HIS OR HER NEED FOR SERVICES.
3. UPON RECEIPT OF SUCH PETITION, THE DIRECTOR OF COMMUNITY SERVICES
OR A PERSON DULY DESIGNATED BY HIM OR HER SHALL REVIEW SUCH PETITION AND
MAY TAKE ACTIONS PURSUANT TO SUBDIVISIONS (B) OR (C) OF THIS SECTION.
(E) EACH PERSON ADMITTED TO A TREATMENT FACILITY FOR EMERGENCY
SERVICES PURSUANT TO THIS SECTION SHALL BE PROVIDED WITH WRITTEN NOTICE
REGARDING PATIENT RIGHTS PURSUANT TO SECTION 22.03 OF THIS ARTICLE,
ACCESS TO HIS OR HER PERSONAL ATTORNEY UPON REQUEST, AND NOTICE AS TO
S. 6248--B 6
THE AVAILABILITY OF THE MENTAL HYGIENE LEGAL SERVICE FOR LEGAL COUNSEL
AND SHALL BE PROVIDED ACCESS TO THE SERVICE UPON REQUEST.
(F) THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING PROCE-
DURES FOR TAKING INTOXICATED OR IMPAIRED PERSONS AND PERSONS APPARENTLY
INCAPACITATED BY ALCOHOL AND/OR SUBSTANCES TO THEIR RESIDENCE OR TO
APPROPRIATE PUBLIC OR PRIVATE TREATMENT FACILITIES FOR EMERGENCY
SERVICES AND MINIMIZING THE ROLE OF THE POLICE IN OBTAINING TREATMENT OF
SUCH PERSONS.
S 3. The mental hygiene law is amended by adding a new section 22.13
to read as follows:
S 22.13 COURT AUTHORIZATION TO RETAIN AN INVOLUNTARY PATIENT.
(A) IF THE DIRECTOR OF A FACILITY SHALL DETERMINE THAT A PATIENT
ADMITTED PURSUANT TO SUBDIVISION (C) OF SECTION 22.10 OF THIS ARTICLE,
FOR WHOM THERE IS NO PRIOR COURT ORDER AUTHORIZING RETENTION FOR A SPEC-
IFIED PERIOD, IS IN NEED OF RETENTION BEYOND SEVENTY-TWO HOURS AND IF
SUCH PATIENT DOES NOT AGREE TO REMAIN IN SUCH FACILITY AS A VOLUNTARY
PATIENT, THE DIRECTOR SHALL APPLY TO THE SUPREME COURT OR THE COUNTY
COURT IN THE COUNTY WHERE THE FACILITY IS LOCATED FOR AN ORDER AUTHORIZ-
ING CONTINUED RETENTION. THE FACILITY IS AUTHORIZED TO RETAIN THE
PATIENT FOR SEVENTY-TWO HOURS OR DURING THE PERIOD IN WHICH THE APPLICA-
TION MAY BE PENDING, SUCH PERIOD NOT TO EXCEED NINETY DAYS. THE DIRECTOR
SHALL CAUSE WRITTEN NOTICE OF SUCH APPLICATION TO BE GIVEN TO THE
PATIENT AND A COPY THEREOF SHALL BE GIVEN PERSONALLY OR BY MAIL TO ANY
PERSONS REQUIRED BY THIS ARTICLE TO BE SERVED WITH NOTICE OF SUCH
PATIENT'S INITIAL ADMISSION AND TO THE MENTAL HYGIENE LEGAL SERVICE.
SUCH NOTICE SHALL STATE THAT A HEARING MAY BE REQUESTED BY THE PATIENT
OR THE SERVICE AND THAT FAILURE TO MAKE SUCH A REQUEST WITHIN FIVE DAYS,
EXCLUDING SUNDAY AND HOLIDAYS, FROM THE DATE THAT THE NOTICE WAS GIVEN
TO THE PATIENT WILL PERMIT THE ENTRY WITHOUT A HEARING OF AN ORDER
AUTHORIZING RETENTION FOR A PERIOD NOT TO EXCEED NINETY DAYS FROM THE
DATE OF THE ORDER, PROVIDED THE COURT IS SATISFIED THAT THE PATIENT
REQUIRES CONTINUED RETENTION.
(B) UPON THE DEMAND OF THE PATIENT OR OF ANYONE ON HIS OR HER BEHALF
OR UPON REQUEST OF THE MENTAL HYGIENE LEGAL SERVICE, THE COURT SHALL, OR
MAY ON ITS OWN MOTION, FIX A DATE FOR THE HEARING OF THE APPLICATION
PURSUANT TO COURT PROCEDURE IN THE JURISDICTION OF THE FACILITY.
(C) EXCEPT AS PROVIDED IN SUBDIVISION (A) OF THIS SECTION A PERSON MAY
NOT BE RETAINED BEYOND A PERIOD OF NINETY DAYS WITHOUT HIS OR HER
CONSENT. PERSONS SUITABLE THEREFOR MAY BE VOLUNTARILY ADMITTED TO A
CHEMICAL DEPENDENCE PROGRAM OR FACILITY PURSUANT TO THIS ARTICLE.
S 4. Subdivision (d) of section 22.11 of the mental hygiene law, as
added by chapter 558 of the laws of 1999, is amended to read as follows:
(d) Inpatient or residential treatment. 1. [Admission] VOLUNTARY
ADMISSION procedures. (i) A copy of the patient's rights established
under this section and under section 22.03 of this article shall be
given and explained to the minor and to the minor's consenting parent or
guardian at the time of admission by the director of the facility or
such person's designee.
(ii) The minor shall be required to sign a form indicating that the
treatment is being voluntarily sought, and that he or she has been
advised of his or her ability to access the mental hygiene legal service
and of his or her rights under this section and section 22.03 of this
article. The signed form shall be included in the minor's medical
record.
(iii) At the time of admission, any minor so admitted shall be
informed by the director of the facility or the director's designee,
S. 6248--B 7
orally and in writing, of the minor's right to be discharged in accord-
ance with the provisions of this [section] SUBDIVISION within twenty-
four hours of his or her making a request therefor.
(iv) Emergency contacts.
(A) At the time of admission, the provider of services shall use its
best efforts to obtain from the minor's consenting parent or guardian a
telephone number or numbers where he or she may be reached by the facil-
ity at any time during the day or night. In addition, such provider of
services shall also use its best efforts to obtain from the parent or
guardian a name, address and appropriate telephone number or numbers of
an adult designated by such parent or guardian as an emergency contact
person in the event the facility is unable to reach such parent or guar-
dian.
(B) If the minor is admitted in accordance with subdivision (c) of
this section, the provider of services shall use its best efforts to
obtain from the minor the name, address, and telephone number of an
adult who may serve as an emergency contact, and the facility shall
verify the existence and availability of such contact upon notice to and
with the prior written consent of the minor.
(C) Failure to obtain emergency contacts, after reasonable effort, in
accordance with this section shall not preclude admission of the minor
to treatment.
(v) Notice of admission and discharge procedures.
(A) A copy of the facility's admission and discharge procedures shall
be provided to the minor and to the minor's consenting parent or guardi-
an at the time of admission by the director of the facility or such
person's designee. Such information shall also be mailed to the desig-
nated emergency contact person by regular mail.
(B) If the minor is admitted in accordance with subdivision (c) of
this section, a copy of the facility's admission and discharge proce-
dures shall be provided to the minor. Such information shall also be
mailed to the designated emergency contact person by regular mail.
(vi) Each minor admitted for inpatient or residential chemical depend-
ence treatment pursuant to this subdivision shall be provided with writ-
ten notice regarding the availability of the mental hygiene legal
service for legal counsel, and shall be provided access to the service
upon request.
2. INVOLUNTARY ADMISSION PROCEDURES. (I) MINORS ADMITTED PURSUANT TO
SECTION 22.10 OF THIS ARTICLE SHALL BE PROVIDED WITH WRITTEN NOTICE
REGARDING THE AVAILABILITY OF THE MENTAL HYGIENE LEGAL SERVICE FOR LEGAL
COUNSEL, AND SHALL BE PROVIDED ACCESS TO THE SERVICE UPON REQUEST.
(II) NO MINOR RECEIVING INVOLUNTARY INPATIENT EMERGENCY SERVICES
PURSUANT TO SUBDIVISION (C) OF SECTION 22.10 OF THIS ARTICLE MAY BE
DISCHARGED FROM THE PROGRAM PRIOR TO SEVENTY-TWO HOURS BASED SOLELY ON
HIS OR HER REQUEST.
(III) A COPY OF THE PATIENT'S RIGHTS ESTABLISHED UNDER THIS SECTION
AND UNDER SECTION 22.03 OF THIS ARTICLE SHALL BE GIVEN AND EXPLAINED TO
THE MINOR AND TO THE MINOR'S CONSENTING PARENT OR GUARDIAN AT THE TIME
OF ADMISSION BY THE DIRECTOR OF THE FACILITY OR SUCH PERSON'S DESIGNEE.
(IV) THE MINOR SHALL BE REQUIRED TO SIGN A FORM INDICATING THAT HE OR
SHE HAS BEEN ADVISED OF HIS OR HER ABILITY TO ACCESS THE MENTAL HYGIENE
LEGAL SERVICE AND OF HIS OR HER RIGHTS UNDER THIS SECTION AND SECTION
22.03 OF THIS ARTICLE. THE SIGNED FORM SHALL BE INCLUDED IN THE MINOR'S
MEDICAL RECORD.
3. Discharge procedures. All minors admitted pursuant to this subdivi-
sion shall be discharged in accordance with the following:
S. 6248--B 8
(i) [Any minor admitted to an inpatient or residential chemical
dependence treatment facility has the right to be discharged within
twenty-four hours of his or her request in accordance with the
provisions of this subdivision.
(ii)] If discharge is requested prior to completion of a minor's
treatment plan, such minor must request discharge in writing.
(A) Upon receipt of any form of written request for discharge, the
director of the facility in which the minor is admitted shall immediate-
ly notify the minor's parent or guardian. If the facility is unable to
contact such parent or guardian within a reasonable time, or if the
minor has been admitted pursuant to subdivision (c) of this section, the
facility shall notify the designated emergency contact person.
(B) The minor shall not be discharged from such facility until it is
determined:
(1) that the safety and well being of such minor will not be threat-
ened [or the expiration of twenty-four hours, whichever is sooner]; [or]
(2) THAT THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE RELEASE OF
SUCH MINOR; AND
(3) that the parent, guardian, or designated emergency contact person
has made appropriate and timely departure arrangements with the facili-
ty. [However, unless otherwise directed by the minor's parent or guardi-
an or designated emergency contact person pursuant to this item, such
minor shall be discharged within twenty-four hours after submission of
the request.
(iii)] (II) Writing materials for use in requesting a discharge shall
be made available at all times to all minors admitted under this
section.
(III) The staff of the facility shall assist such minors in preparing
or submitting requests for discharge.
S 5. This act shall take effect immediately.
