S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4323
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2023
                                ___________
 
 Introduced  by  M.  of  A. GUNTHER, GOODELL, MORINELLO, NORRIS, WALSH --
   read once and referred 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.
         23.29 THE ASSISTED  OUTPATIENT  TREATMENT  FOR  SUBSTANCE  ABUSE
                 ADVISORY COUNCIL.
 § 23.01 ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09049-01-3
 A. 4323                             2
              

 
   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
 A. 4323                             3
 
 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
 A. 4323                             4
 
 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
 A. 4323                             5
 
 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.
 A. 4323                             6
 
   (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
 A. 4323                             7

 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.