LBD02735-01-1
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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.
§ 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.
§ 23.05 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE.
A PERSON MAY BE ORDERED TO RECEIVE ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE IF THE COURT FINDS THAT SUCH PERSON:
(A) IS EIGHTEEN YEARS OF AGE OR OLDER; AND
(B) IS SUFFERING FROM A SUBSTANCE USE DISORDER; AND
(C) IS UNLIKELY TO SURVIVE SAFELY IN THE COMMUNITY WITHOUT SUPER-
VISION, BASED ON A CLINICAL DETERMINATION; AND
(D) HAS A HISTORY OF LACK OF COMPLIANCE WITH TREATMENT FOR A SUBSTANCE
USE DISORDER, AS EVIDENCED BY:
(1) 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
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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
(2) 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
(E) 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
(F) 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
(G) IS LIKELY TO BENEFIT FROM ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE.
§ 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
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
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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.
§ 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.
§ 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 ARTICLE.
§ 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
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
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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.
§ 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.
§ 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
BOTH THE PROPOSED WRITTEN TREATMENT PLAN AND THE TESTIMONY PROVIDED TO
THE COURT PURSUANT TO SECTION 23.15 OF THIS ARTICLE.
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(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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 23.29 THE ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE ADVISORY
COUNCIL.
(A) THERE IS HEREBY CREATED THE ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE ADVISORY COUNCIL. 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
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
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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.
§ 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.