S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7827
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred to the
   Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to  hospitalization,
   care  coordination, and assisted outpatient treatment for persons with
   mental illness
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "The Supportive
 Interventions Act".
   §  2.  Legislative  findings.   The legislature finds that with proper
 support, the great majority of New Yorkers with  severe  mental  illness
 can  thrive  in  outpatient  settings as fully-integrated members of the
 communities of our state.
   The legislature further finds that  a  core  function  of  our  mental
 health system is to help each person with severe mental illness maximize
 their potential for a self-directed life. Fulfilling this responsibility
 requires a flexible approach that acknowledges the challenges that indi-
 viduals  with  severe  mental  illness  may face at certain junctures in
 recognizing their own illness and  need  for  treatment.  To  empower  a
 person  to  gain  command  of  their  own  mental health recovery in due
 course, it is sometimes necessary to extend a lifeline through a  period
 of mandated treatment.
   The  legislature  further  finds  that  it is always preferable for an
 individual in psychiatric crisis or at risk  thereof  to  accept  mental
 health  treatment  voluntarily, and that care providers be encouraged to
 make diligent efforts to exhaust such possibilities before resorting  to
 involuntary care.
   The  legislature  further  finds that while New York law appropriately
 limits involuntary hospitalization to  circumstances  where  a  person's
 mental  illness  is deemed "likely to result in serious harm," a lack of
 statutory guidance has led to tragically narrow interpretations of  this
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11722-01-3
              

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 standard. The serious harm likely to result from egregious self-neglect,
 including  psychiatric  deterioration  likely to result from an extended
 period of untreated psychosis, is too often not considered in the  clin-
 ical evaluation of those in crisis.
   The  legislature  further  finds  individuals  not receiving essential
 mental health care because they are unable to recognize their  own  need
 for  it may face "revolving door" hospitalization, and intolerable rates
 of victimization and premature death.
   The legislature further finds that while  assisted  outpatient  treat-
 ment,  as  established by "Kendra's Law" in 1999, has been highly effec-
 tive in helping New Yorkers with severe mental illness  live  safely  in
 the  community  and  avoid hospitalization and criminal justice involve-
 ment, gaps and barriers in the law have prevented the  participation  of
 many  individuals  who  meet the legal eligibility criteria and stand to
 benefit from this essential intervention.
   The legislature intends and expects that the supportive  interventions
 facilitated  by  this act will save lives, raise the quality of life for
 New Yorkers with severe mental illness and  their  loved  ones,  enhance
 public safety, reduce criminalization of mental illness, and improve the
 efficiency and cost-effectiveness of our public mental health system.
   The  legislature  further  finds  that  there  is no choice to be made
 between the reforms enacted herein and the additional need  to  increase
 investments  in community-based mental health. Ongoing efforts to expand
 availability of mental health treatment and services,  supportive  hous-
 ing,  and  opportunities  for social connection must continue, and offer
 great promise to reduce the need  for  the  crisis  response  mechanisms
 addressed in this act.
   § 3. Section 9.01 of the mental hygiene law, as amended by chapter 723
 of  the  laws  of 1989, the seventh undesignated paragraph as amended by
 chapter 595 of the laws of 2000, is amended to read as follows:
 § 9.01 Definitions.
   As used in this article:
   "in need of care and treatment" means  that  a  person  has  a  mental
 illness  for which in-patient care and treatment in a hospital is appro-
 priate.
   "in need of involuntary care and treatment" means that a person has  a
 mental  illness  for which care and treatment as a patient in a hospital
 is essential to such person's welfare and [whose] THAT  SO  IMPAIRS  THE
 PERSON'S  judgment  [is  so  impaired] that [he] THE PERSON is unable to
 understand the need for such care and treatment. CARE AND TREATMENT IN A
 HOSPITAL SHALL BE CONSIDERED ESSENTIAL TO A PERSON'S WELFARE IF, IN  THE
 ABSENCE OF SUCH CARE AND TREATMENT, THE PERSON'S MENTAL ILLNESS IS LIKE-
 LY TO RESULT IN SERIOUS HARM TO SELF OR OTHERS.
   ["likelihood to result in serious harm" or] "likely to result in seri-
 ous  harm  TO  SELF OR OTHERS" means [(a)] PRESENTING a substantial risk
 of: (A) physical OR PSYCHIATRIC harm to the person as manifested by: (I)
 threats of or attempts at suicide or serious bodily harm; (II)  SUBSTAN-
 TIAL  INABILITY  OF  THE  PERSON TO MEET HIS OR HER BASIC NEED FOR FOOD,
 CLOTHING, SHELTER OR MEDICAL CARE; or (III) other conduct  demonstrating
 that  the  person is dangerous to himself or herself, or (b) [a substan-
 tial risk of] physical harm to other persons as manifested by  homicidal
 or  other  violent  behavior  OR  THREATS  by which others are placed in
 reasonable fear of serious physical harm.
   "need for retention" means [that] THE NEED OF a person  who  has  been
 admitted  to  a  hospital  pursuant  to  this article [is in need] FOR A
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 FURTHER PERIOD of involuntary care and treatment in a  hospital  [for  a
 further period].
   "record"  of  a  patient  shall  consist  of  admission,  transfer  or
 retention papers and orders, and  accompanying  data  required  by  this
 article and by the regulations of the commissioner.
   "director  of  community  services"  means  the  director of community
 services for the mentally disabled appointed pursuant to article  forty-
 one of this chapter.
   "qualified  psychiatrist" means a physician licensed to practice medi-
 cine in New York state who: (a) is a diplomate of the American board  of
 psychiatry  and  neurology or is eligible to be certified by that board;
 or (b) is certified by the American osteopathic board of  neurology  and
 psychiatry or is eligible to be certified by that board.
   "QUALIFIED  CLINICAL  EXAMINER" MEANS A PSYCHIATRIC NURSE PRACTITIONER
 CERTIFIED BY THE DEPARTMENT OF EDUCATION, A PSYCHOLOGIST LICENSED PURSU-
 ANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A  CLIN-
 ICAL  SOCIAL  WORKER LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR
 OF THE EDUCATION LAW.
   "QUALIFIED MENTAL HEALTH  PROFESSIONAL"  MEANS  A  QUALIFIED  CLINICAL
 EXAMINER,  A  PROFESSIONAL  NURSE  REGISTERED  PURSUANT  TO  ARTICLE ONE
 HUNDRED THIRTY-NINE OF THE EDUCATION LAW, OR ANY OF THE FOLLOWING  WORK-
 ING UNDER THE SUPERVISION OF A PHYSICIAN OR QUALIFIED CLINICAL EXAMINER:
 A  MASTER  SOCIAL WORKER LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-
 FOUR OF THE EDUCATION LAW, A MENTAL HEALTH COUNSELOR  LICENSED  PURSUANT
 TO  ARTICLE  ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW, OR A MARRIAGE
 AND FAMILY THERAPIST LICENSED PURSUANT TO  ARTICLE  ONE  HUNDRED  SIXTY-
 THREE OF THE EDUCATION LAW.
   § 4. The mental hygiene law is amended by adding a new section 9.04 to
 read as follows:
 § 9.04 CLINICAL DETERMINATION OF RISK OF HARM.
   A CLINICAL DETERMINATION OF WHETHER A PERSON'S MENTAL ILLNESS IS LIKE-
 LY TO RESULT IN SERIOUS HARM TO SELF OR OTHERS SHALL TAKE ACCOUNT OF:
   (A)  ALL  RELEVANT  INFORMATION PRESENTED TO THE EVALUATING FACILITY'S
 STAFF, INCLUDING CREDIBLE REPORTS OF THE PERSON'S  RECENT  BEHAVIOR  AND
 ANY  KNOWN  INFORMATION  RELATED  TO THE PERSON'S MEDICAL AND BEHAVIORAL
 HISTORY;
   (B) THE PERSON'S CURRENT ABILITY, WITH AVAILABLE SUPPORT, TO ADHERE TO
 OUTPATIENT TREATMENT; AND
   (C) THE EXPECTED LONG-TERM IMPACT ON THE PERSON'S HEALTH OR SAFETY  OF
 ACTIONS OR SELF-NEGLECT CAUSED BY MENTAL ILLNESS.
   §  5. Section 9.05 of the mental hygiene law, as renumbered by chapter
 978 of the laws of 1977, is amended to read as follows:
 § 9.05 Examining physicians, QUALIFIED CLINICAL EXAMINERS,  and  medical
          certificates.
   (a)  A person is disqualified from acting as an examining physician OR
 QUALIFIED CLINICAL EXAMINER in the following cases:
   1. if he OR SHE is a relative of the person applying for the admission
 or of the person alleged to be mentally ill.
   2. if he OR SHE is a manager, trustee, visitor,  proprietor,  officer,
 director,  or stockholder of the hospital in which the patient is hospi-
 talized or to which it is proposed  to  admit  such  person,  except  as
 otherwise  provided  in  this chapter, or if he OR SHE has any pecuniary
 interest, directly  or  indirectly,  in  such  hospital,  provided  that
 receipt  of  fees, privileges, or compensation for treating or examining
 patients in such hospital shall not be deemed to be a  pecuniary  inter-
 est.
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   3.  if he OR SHE is on the staff of a proprietary facility to which it
 is proposed to admit such person.
   (b)  A  certificate,  as  required by this article, must show that the
 person is mentally ill and shall be  based  on  an  examination  of  the
 person alleged to be mentally ill made within ten days prior to the date
 of  admission.  The  date  of  the certificate shall be the date of such
 examination. All certificates shall contain the facts and  circumstances
 upon  which the judgment of the physicians OR QUALIFIED CLINICAL EXAMIN-
 ERS is based and shall show that the condition of the person examined is
 such that he OR SHE needs involuntary care and treatment in a  hospital,
 and  such  other  information  as  the  commissioner  may  by regulation
 require.
   § 6. The section heading and subdivisions (a), (d), (e),  and  (i)  of
 section  9.27  of  the mental hygiene law, section 9.27 as renumbered by
 chapter 978 of the laws of 1977 and subdivision (i) as amended by  chap-
 ter 847 of the laws of 1987, are amended to read as follows:
   Involuntary admission on [medical] CLINICAL certification.
   (a)  The  director  of  a hospital may receive and retain therein as a
 patient any person alleged to be mentally ill and in need of involuntary
 care and treatment upon the certificates of  two  examining  physicians,
 TWO  EXAMINING QUALIFIED CLINICAL EXAMINERS OR A COMBINATION OF AN EXAM-
 INING PHYSICIAN AND AN EXAMINING QUALIFIED CLINICAL  EXAMINER,  accompa-
 nied by an application for the admission of such person. The examination
 may be conducted jointly but each examining physician OR QUALIFIED CLIN-
 ICAL EXAMINER shall execute a separate certificate.
   (d)  Before  an  examining  physician  OR  QUALIFIED CLINICAL EXAMINER
 completes the certificate of examination of  a  person  for  involuntary
 care  and  treatment,  [he] THE PHYSICIAN OR QUALIFIED CLINICAL EXAMINER
 shall consider alternative forms of care and  treatment  that  might  be
 adequate to provide for the person's needs without requiring involuntary
 hospitalization.  If the examining physician OR QUALIFIED CLINICAL EXAM-
 INER knows that the person he OR SHE is examining for  involuntary  care
 and  treatment  has been under prior treatment, he OR SHE shall, insofar
 as [possible] REASONABLE, consult with the physician  or  [psychologist]
 QUALIFIED  MENTAL  HEALTH  PROFESSIONAL  furnishing such prior treatment
 prior to completing [his] THE certificate. Nothing in this section shall
 prohibit or invalidate any involuntary admission made in accordance with
 the provisions of this chapter.
   (e) The director of the hospital where such person  is  brought  shall
 cause  such  person to be examined forthwith by a physician OR QUALIFIED
 CLINICAL EXAMINER who shall be a member of the psychiatric staff of such
 hospital other than the original examining physicians OR QUALIFIED CLIN-
 ICAL EXAMINER whose certificate or certificates accompanied the applica-
 tion, and[,] if such person is found to be in need of  involuntary  care
 and  treatment, he OR SHE may be admitted thereto as a patient as herein
 provided.
   (i) After an application for  the  admission  of  a  person  has  been
 completed and both physicians OR QUALIFIED CLINICAL EXAMINERS have exam-
 ined such person and separately certified that he or she is mentally ill
 and  in  need  of  involuntary  care and treatment in a hospital, either
 physician OR QUALIFIED CLINICAL EXAMINER is authorized to request  peace
 officers,  when acting pursuant to their special duties, or police offi-
 cers[,] who are members of an authorized police department or  force  or
 of  a  sheriff's  department,  to  take  into custody and transport such
 person to a hospital for determination  by  the  director  whether  such
 person  qualifies  for  admission  pursuant  to  this  section. Upon the
 A. 7827                             5
 
 request of either physician OR QUALIFIED CLINICAL EXAMINER, an ambulance
 service, as defined by subdivision two of section three thousand one  of
 the  public  health  law,  is  authorized  to transport such person to a
 hospital for determination by the director whether such person qualifies
 for admission pursuant to this section.
   §  7.  The  section heading and subdivision (a) of section 9.29 of the
 mental hygiene law, section 9.29 as renumbered by  chapter  978  of  the
 laws  of  1977 and subdivision (a) as amended by chapter 789 of the laws
 of 1985, are amended to read as follows:
   Involuntary admission on [medical] CLINICAL certification;  notice  of
 admission to patients and others.
   (a)  The director shall cause written notice of a person's involuntary
 admission on an application  supported  by  [medical]  CLINICAL  certif-
 ication to be given forthwith to the mental hygiene legal service.
   §  8.  The  section heading and subdivision (a) of section 9.31 of the
 mental hygiene law, section 9.31 as renumbered by  chapter  978  of  the
 laws  of  1977, subdivision (a) as amended by chapter 789 of the laws of
 1985, are amended to read as follows:
   Involuntary admission on [medical] CLINICAL  certification;  patient's
 right to a hearing.
   (a)  If,  at  any  time prior to the expiration of sixty days from the
 date of involuntary admission of a patient on an  application  supported
 by  [medical]  CLINICAL certification, [he] SUCH PATIENT or any relative
 or friend, or the mental hygiene legal service gives notice  in  writing
 to  the  director  of  A request for hearing on the question of need for
 involuntary care and treatment,  a  hearing  shall  be  held  as  herein
 provided.  The  patient  or person requesting a hearing on behalf of the
 patient may designate the county where the hearing shall be held,  which
 shall  be either in the county where the hospital is located, the county
 of the patient's residence, or the county in which the hospital to which
 the patient was first admitted is located. Such hearing shall be held in
 the county so designated,  subject  to  application  by  any  interested
 party,  including  the director, for change of venue to any other county
 because of the convenience of parties or witnesses or the  condition  of
 the patient upon notice to the persons required to be served with notice
 of the patient's initial admission.
   §  9.  Subdivision  (a)  of section 9.33 of the mental hygiene law, as
 amended by chapter 789 of the laws  of  1985,  is  amended  to  read  as
 follows:
   (a)  If  the  director shall determine that a patient admitted upon an
 application supported by  [medical]  CLINICAL  certification,  for  whom
 there is no court order authorizing retention for a specified period, is
 in  need  of  retention  and if such patient does not agree to remain in
 such hospital as a voluntary patient, the director shall  apply  to  the
 supreme  court  or  the county court in the county where the hospital is
 located for an order authorizing continued retention.  Such  application
 shall  be  made  no  later  than sixty days from the date of involuntary
 admission on application supported by [medical]  CLINICAL  certification
 or  thirty  days  from  the  date of an order denying an application for
 patient's release pursuant to section 9.31 OF THIS ARTICLE, whichever is
 later; and the hospital is authorized to retain  the  patient  for  such
 further  period  during  which  the  hospital is authorized to make such
 application or during which the application may be pending. 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 the
 persons required by this article  to  be  served  with  notice  of  such
 A. 7827                             6
 
 patient's  initial  admission  and  to the mental hygiene legal service.
 Such notice shall state that a hearing may be requested 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.
   § 10. The section heading and subdivisions (a), (b), (c), (d), and (e)
 of section 9.37 of the mental hygiene law, section 9.37 as renumbered by
 chapter 978 of the laws of 1977, subdivision (a) as amended  by  chapter
 723  of  the  laws of 1989, subdivision (c) as amended by chapter 230 of
 the laws of 2004, and subdivision (d) as amended by chapter 357  of  the
 laws  of  1991  and  relettered  by chapter 343 of the laws of 1996, and
 subdivision (e) as relettered by chapter 343 of the laws  of  1996,  are
 amended to read as follows:
   Involuntary  admission  on  certificate  of  a  director  of community
 services or [his] DIRECTOR'S designee.
   (a) The director of a hospital, upon  application  by  a  director  of
 community services or an examining physician OR QUALIFIED CLINICAL EXAM-
 INER duly designated by [him or her] SUCH DIRECTOR, may receive and care
 for  in such hospital as a patient any person who, in the opinion of the
 director of community services or the director's designee, has a  mental
 illness  for  which immediate inpatient care and treatment in a hospital
 is appropriate and [which] THAT, WITHOUT TREATMENT, is likely to  result
 in serious harm to [himself or herself] SELF or others.
   The need for immediate hospitalization shall be confirmed by a [staff]
 physician  OR  QUALIFIED  CLINICAL EXAMINER ON THE STAFF of the hospital
 prior to admission. Within seventy-two hours, excluding Sunday and holi-
 days, after such admission, if such patient is to be retained  for  care
 and treatment beyond such time and he or she does not agree to remain in
 such hospital as a voluntary patient, the certificate of another examin-
 ing  physician  OR  QUALIFIED  CLINICAL  EXAMINER who is a member of the
 psychiatric staff of the hospital that the patient is in need of  invol-
 untary  care  and  treatment  shall be filed with the hospital. From the
 time of his or her admission under this section the  retention  of  such
 patient  for  care  and treatment shall be subject to the provisions for
 notice, hearing, review, and judicial approval of continued retention or
 transfer and continued retention provided by this article for the admis-
 sion 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
 hospital under this section.
   (b)  The  application  for  admission  of  a  patient pursuant to this
 section shall be based upon a personal  examination  by  a  director  of
 community  services  or  [his]  THE  DIRECTOR'S designee. It shall be in
 writing and shall be filed with the director of  such  hospital  at  the
 time  of  the  patient's  reception, together with a statement in a form
 prescribed by the commissioner  giving  such  information  as  [he]  THE
 COMMISSIONER may deem appropriate.
   (c)  Notwithstanding  the  provisions  of  subdivision  (b)  of [this]
 section 41.09 OF THIS CHAPTER, in counties with  a  population  of  less
 than  two  hundred  thousand,  a director of community services who is a
 licensed psychologist pursuant to article one hundred fifty-three of the
 education law or a licensed clinical social worker pursuant  to  article
 one  hundred  fifty-four of the education law but who is not a physician
 OR QUALIFIED CLINICAL EXAMINER may apply for the admission of a  patient
 pursuant  to this section without [a medical] AN examination by a desig-
 nated physician OR QUALIFIED CLINICAL EXAMINER, if a  hospital  approved
 A. 7827                             7
 
 by  the  commissioner  pursuant  to  section 9.39 of this article is not
 located within thirty miles of the patient, and the director of communi-
 ty services has made a reasonable effort to  locate  [a  designated]  AN
 examining  physician  OR QUALIFIED CLINICAL EXAMINER DESIGNATED PURSUANT
 TO SECTION 41.09 OF THIS CHAPTER but such [a] designee is not immediate-
 ly available and the director  of  community  services,  after  personal
 observation of the person, reasonably believes that [he] SUCH PERSON may
 have  a  mental illness [which] THAT is likely to result in serious harm
 to [himself] SELF or others and inpatient care  and  treatment  of  such
 person  in a hospital may be appropriate. In the event of an application
 pursuant to this subdivision, a physician OR QUALIFIED CLINICAL EXAMINER
 of the receiving hospital shall examine the patient and shall not  admit
 the  patient  unless  he or she determines that the patient has a mental
 illness for which immediate inpatient care and treatment in  a  hospital
 is  appropriate  and [which] THAT is likely to result in serious harm to
 [himself] SELF or others. If the  patient  is  admitted,  the  need  for
 hospitalization shall be confirmed by another [staff] physician OR QUAL-
 IFIED  CLINICAL EXAMINER ON THE STAFF OF THE HOSPITAL within twenty-four
 hours. An application pursuant to this subdivision shall be  in  writing
 and shall be filed with the director of such hospital at the time of the
 patient's  reception,  together with a statement in a form prescribed by
 the commissioner giving such information as [he]  THE  COMMISSIONER  may
 deem  appropriate,  including  a  statement  of  the efforts made by the
 director of community services to locate a designated  examining  physi-
 cian  OR  QUALIFIED  CLINICAL  EXAMINER  prior  to making an application
 pursuant to this subdivision.
   (d) After signing the application, the director of community  services
 or  the  director's  designee  shall be authorized and empowered to take
 into custody, detain, transport, and provide temporary care for any such
 person. Upon the written [request] DIRECTIVE of  such  director  or  the
 director's  designee it shall be the duty of peace officers, when acting
 pursuant to their special duties, or police officers who are members  of
 the  state police or of an authorized police department or force or of a
 sheriff's department, to take into custody and transport any such person
 as [requested and] directed by such director or designee. Upon the writ-
 ten request of such director  or  designee,  an  ambulance  service,  as
 defined  in  subdivision two of section three thousand one of the public
 health law, is authorized to transport any such person.
   (e) Reasonable expenses incurred by the director of  community  mental
 hygiene  services  or  [his] THE DIRECTOR'S designee for the examination
 and temporary care of the patient and [his] SUCH  PATIENT'S  transporta-
 tion  to  and  from  the hospital shall be a charge upon the county from
 which the patient was admitted and shall be paid from any  funds  avail-
 able for such purposes.
   §  11.  Subdivisions (a) and (b) of section 9.39 of the mental hygiene
 law, subdivision (a) as amended by chapter 789 of the laws of  1985  and
 such  section  as  renumbered  by  chapter  978 of the laws of 1977, are
 amended to read as follows:
   (a) The director of any hospital maintaining adequate staff and facil-
 ities for the observation, examination, care, and treatment  of  persons
 alleged  to  be mentally ill and approved by the commissioner to receive
 and retain patients pursuant to this  section  may  receive  and  retain
 therein  as a patient for a period of fifteen days any person alleged to
 have a mental illness for which immediate observation, care, and  treat-
 ment  in  a hospital is appropriate and [which] THAT is likely to result
 A. 7827                             8
 
 in serious harm to [himself] SELF or others. ["Likelihood to  result  in
 serious harm" as used in this article shall mean:
   1.  substantial  risk  of  physical  harm  to himself as manifested by
 threats of or attempts at  suicide  or  serious  bodily  harm  or  other
 conduct demonstrating that he is dangerous to himself, or
   2.  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.]
   The  director  shall cause to be entered upon the hospital records the
 name of the person or persons, if any, who have brought such  person  to
 the  hospital and the details of the circumstances leading to the hospi-
 talization of such person.
   The director shall admit such person pursuant  to  the  provisions  of
 this  section only if a [staff] physician OR QUALIFIED CLINICAL EXAMINER
 ON THE STAFF of the hospital upon examination of such person finds  that
 such  person  qualifies  under  the  requirements  of this section. Such
 person shall not be retained for a period of more than forty-eight hours
 unless within such period such finding is confirmed after examination by
 another physician OR QUALIFIED CLINICAL EXAMINER who shall be  a  member
 of  the  psychiatric staff of the hospital. Such person shall be served,
 at the time of admission, with written notice  of  [his]  SUCH  PERSON'S
 status  and  rights  as  a patient under this section. Such notice shall
 contain the patient's name. At the same time, such notice shall also  be
 given  to  the mental hygiene legal service and personally or by mail to
 such person or persons, not to exceed three in number, as may be  desig-
 nated  in  writing  to  receive  such notice by the person alleged to be
 mentally ill. If at any time after admission, the patient, any relative,
 friend, or the mental hygiene legal service gives notice to the director
 in writing of request for court hearing on  the  question  of  need  for
 immediate  observation,  care, and treatment, a hearing shall be held as
 herein provided as soon as practicable but in any event  not  more  than
 five  days  after such request is received, except that the commencement
 of such hearing may be adjourned at the request of the patient. It shall
 be the duty of the director upon receiving notice of  such  request  for
 hearing  to forward forthwith a copy of such notice with a record of the
 patient to the supreme court or county court in the  county  where  such
 hospital  is  located.  A  copy  of such notice and record shall also be
 given the mental hygiene legal service. The court [which] THAT  receives
 such  notice shall fix the date of such hearing and cause the patient or
 other person requesting the hearing, the director,  the  mental  hygiene
 legal  service  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
 examine the person alleged to be mentally ill, if it be deemed advisable
 in or out of court, and shall render a decision in writing that there is
 reasonable cause to believe that the patient has a  mental  illness  for
 which  immediate inpatient care and treatment in a hospital is appropri-
 ate and [which] THAT is likely to result in serious  harm  to  [himself]
 SELF or others. If it be determined that there is such reasonable cause,
 the  court  shall  forthwith issue an order authorizing the retention of
 such patient for any such purpose or purposes  in  the  hospital  for  a
 period  not  to exceed fifteen days from the date of admission. Any such
 order entered by the court shall not be deemed  to  be  an  adjudication
 that the patient is mentally ill, but only a determination that there is
 reasonable cause to retain the patient for the purposes of this section.
 A. 7827                             9
 
   (b) Within fifteen days of arrival at the hospital, if a determination
 is  made  that  the person is not in need of involuntary care and treat-
 ment, [he] SUCH PERSON shall  be  discharged  unless  [he]  SUCH  PERSON
 agrees to remain as a voluntary or informal patient. If [he] SUCH PERSON
 is  in  need  of  involuntary  care  and treatment and does not agree to
 remain as a voluntary or informal  patient,  [he]  SUCH  PERSON  may  be
 retained beyond such fifteen day period only by admission to such hospi-
 tal or another appropriate hospital pursuant to the provisions governing
 involuntary  admission  on  application  supported by [medical] CLINICAL
 certification and subject to the provisions for notice, hearing, review,
 and judicial approval of retention or transfer and  retention  governing
 such admissions, 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  under this section. If a hearing has been
 requested pursuant to the provisions of subdivision (a), the  filing  of
 an  application  for involuntary admission on [medical] CLINICAL certif-
 ication shall not delay or prevent the holding of the hearing.
   § 12. Subdivisions (a-1), (b), and (c) of section 9.40 of  the  mental
 hygiene law, subdivisions (a-1) as added and (b) as amended by section 2
 of  part  PPP  of chapter 58 of the laws of 2020, and subdivision (c) as
 added by chapter 723 of the  laws  of  1989,  are  amended  to  read  as
 follows:
   (a-1)  The  director  shall  cause  triage and referral services to be
 provided by a psychiatric nurse practitioner or physician of the program
 as soon as such person is received into  the  comprehensive  psychiatric
 emergency  program.  After  receiving triage and referral services, such
 person shall be appropriately treated and discharged,  or  referred  for
 further  crisis  intervention  services  including  an  examination by a
 physician OR QUALIFIED CLINICAL EXAMINER as described in subdivision (b)
 of this section.
   (b)  The  director  shall  cause  examination  of  such  persons   not
 discharged  after  the  provision  of triage and referral services to be
 initiated by a [staff] physician OR QUALIFIED CLINICAL EXAMINER  ON  THE
 STAFF  of the program as soon as practicable and in any event within six
 hours after the person is received into the  program's  emergency  room.
 Such  person  may  be  retained  for observation, care and treatment and
 further examination for up to twenty-four hours if, at the conclusion of
 such examination, such physician OR QUALIFIED CLINICAL  EXAMINER  deter-
 mines  that  such  person  may have a mental illness for which immediate
 observation, care and treatment in a comprehensive psychiatric emergency
 program is appropriate, and [which] THAT is likely to result in  serious
 harm to [the person] SELF or others.
   (c)  No person shall be involuntarily retained in accordance with this
 section for more than twenty-four hours, unless (i) within that time the
 determination of the examining staff  physician  OR  QUALIFIED  CLINICAL
 EXAMINER  has  been  confirmed after examination by another physician OR
 QUALIFIED CLINICAL EXAMINER who is a member of the psychiatric staff  of
 the  program  and (ii) the person is admitted to an extended observation
 bed, as such term is defined in section 31.27 of this  chapter.  At  the
 time  of  admission to an extended observation bed, such person shall be
 served with written notice of his OR HER status and rights as a  patient
 under  this  section.  Such notice shall contain the patient's name. The
 notice shall be provided to the same persons and in  the  manner  as  if
 provided  pursuant  to  subdivision (a) of section 9.39 of this article.
 Written requests for court hearings on the question of need for  immedi-
 ate  observation,  care  and treatment shall be made, and court hearings
 A. 7827                            10
 
 shall be scheduled and held, in the manner provided pursuant to subdivi-
 sion (a) of section 9.39 of this article, provided however, if a  person
 is  removed or admitted to a hospital pursuant to subdivision (e) or (f)
 of  this  section the director of such hospital shall be substituted for
 the director of the comprehensive psychiatric emergency program  in  all
 legal proceedings regarding the continued retention of the person.
   §  13.  Subdivision  (a) of section 9.41 of the mental hygiene law, as
 amended by section 4 of part AA of chapter 57 of the laws  of  2021,  is
 amended to read as follows:
   (a)  Any  peace  officer,  when  acting pursuant to his or her special
 duties, or police officer who is a member of the state police or  of  an
 authorized  police  department or force or of a sheriff's department may
 take into custody any person who appears  to  be  mentally  ill  and  is
 [conducting himself or herself] ACTING in a manner [which] THAT is like-
 ly  to result in serious harm to [the person] SELF or others. Such offi-
 cer may direct the removal of such person or remove him or  her  to  any
 hospital  specified  in subdivision (a) of section 9.39 of this article,
 or any comprehensive psychiatric emergency program specified in subdivi-
 sion (a) of section 9.40 of this article, or pending his or her examina-
 tion or admission to any such hospital or  program,  temporarily  detain
 any  such  person in another safe and comfortable place, in which event,
 such officer shall immediately notify the director of community services
 or THE DIRECTOR'S DESIGNEE, OR if there be [none] NO  SUCH  DIRECTOR  OR
 DESIGNEE, the health officer of the city or county of such action.
   §  14.  Subdivision  (a) of section 9.45 of the mental hygiene law, as
 amended by section 6 of part AA of chapter 57 of the laws  of  2021,  is
 amended to read as follows:
   (a)  The  director  of  community  services or the director's designee
 shall have the power to direct the removal of any person, within his  or
 her jurisdiction, to a hospital approved by the commissioner pursuant to
 subdivision  (a)  of section 9.39 of this article, or to a comprehensive
 psychiatric emergency program pursuant to  subdivision  (a)  of  section
 9.40  of this article, if the parent, adult sibling, spouse [or], DOMES-
 TIC PARTNER AS DEFINED IN SECTION TWENTY-NINE HUNDRED  NINETY-FOUR-A  OF
 THE  PUBLIC  HEALTH LAW, child of the person, COHABITANT OF THE PERSON'S
 RESIDENTIAL UNIT, the committee or  legal  guardian  of  the  person,  a
 licensed psychologist, registered professional nurse or certified social
 worker  currently  responsible  for  providing treatment services to the
 person, a supportive or intensive case manager currently assigned to the
 person by a case management program, which program is  approved  by  the
 office of mental health for the purpose of reporting under this section,
 a  licensed  physician,  health officer, peace officer or police officer
 reports to [him or her] THE DIRECTOR OR  THE  DIRECTOR'S  DESIGNEE  that
 such  person has a mental illness for which immediate care and treatment
 is appropriate and [which] THAT is likely to result in serious  harm  to
 [himself or herself] SELF or others. It shall be the duty of peace offi-
 cers,  when  acting  pursuant  to  their special duties, or police offi-
 cers[,] who are members of an authorized police department, or force  or
 of  a sheriff's department to assist representatives of such director to
 take into custody and transport any such person. Upon the request  of  a
 director  of community services or the director's designee, an ambulance
 service, as defined in subdivision two of section three thousand one  of
 the  public health law, is authorized to transport any such person. Such
 person may then be retained in a hospital pursuant to the provisions  of
 section 9.39 of this article or in a comprehensive psychiatric emergency
 program pursuant to the provisions of section 9.40 of this article.
 A. 7827                            11
 
   §  15.  Subdivision  (b) of section 9.46 of the mental hygiene law, as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   (b)  Notwithstanding  any  other  law  to  the contrary, when a mental
 health professional currently providing treatment services to  a  person
 determines,  in  the  exercise of reasonable professional judgment, that
 such person is likely to engage in conduct that would result in  serious
 PHYSICAL  harm  to self or others, [he or she] THE MENTAL HEALTH PROFES-
 SIONAL shall be required to report,  as  soon  as  practicable,  to  the
 director  of  community  services, or the director's designee, who shall
 report to the division of criminal justice services whenever [he or she]
 SUCH DIRECTOR OR DESIGNEE agrees that the person is likely to engage  in
 such  conduct.  Information  transmitted  to  the  division  of criminal
 justice services shall be limited to names and other non-clinical  iden-
 tifying  information,  which  may only be used for determining whether a
 license issued pursuant to section 400.00 of the  penal  law  should  be
 suspended  or revoked, or for determining whether a person is ineligible
 for a license issued pursuant to section 400.00 of the penal law, or  is
 no longer permitted under state or federal law to possess a firearm.
   §  16.  Paragraph  3  of subdivision (b) of section 9.47 of the mental
 hygiene law, as amended by chapter 158 of the laws of 2005,  is  amended
 to read as follows:
   (3)  filing of petitions for assisted outpatient treatment pursuant to
 [paragraph] SUBPARAGRAPH (vii) OF PARAGRAPH ONE of  subdivision  (e)  of
 section  9.60  of this article, and documenting the petition filing date
 and the date of the court order;
   § 17. Section 9.55 of the mental hygiene law, as  amended  by  chapter
 598 of the laws of 1994, is amended to read as follows:
 § 9.55 Emergency  admissions  for immediate observation, care and treat-
          ment; powers of qualified psychiatrists AND QUALIFIED  CLINICAL
          EXAMINERS.
   A qualified psychiatrist OR QUALIFIED CLINICAL EXAMINER shall have the
 power  to  direct  the  removal  of  any person[,] whose treatment for a
 mental illness he or she is either supervising or providing in a facili-
 ty licensed or operated by the office of mental health [which] THAT does
 not have an inpatient psychiatric service[,] to a hospital  approved  by
 the  commissioner  pursuant  to  subdivision (a) of section 9.39 of this
 article or to a comprehensive psychiatric emergency program,  if  he  or
 she  determines upon examination of such person that such person appears
 to have a mental illness  for  which  immediate  observation,  care  and
 treatment  in  a  hospital  is appropriate and [which] THAT is likely to
 result in serious harm to [himself or herself] SELF or others. Upon  the
 [request] DIRECTIVE of such qualified psychiatrist[,] OR QUALIFIED CLIN-
 ICAL  EXAMINER,  peace  officers,  when acting pursuant to their special
 duties, or police officers[,] who are members of  an  authorized  police
 department or force or of a sheriff's department shall take into custody
 and  transport any such person. Upon the request of a qualified psychia-
 trist OR QUALIFIED CLINICAL EXAMINER, an ambulance service,  as  defined
 by  subdivision  two  of section three thousand one of the public health
 law, is authorized to transport any such person. Such person may then be
 admitted to a hospital in accordance with the provisions of section 9.39
 of this article or to a comprehensive psychiatric emergency  program  in
 accordance with the provisions of section 9.40 of this article.
   §  18.  The mental hygiene law is amended by adding a new section 9.56
 to read as follows:
 § 9.56 TRANSPORT FOR EVALUATION; POWERS OF SPECIALIZED  STAFF  OF  ADULT
          CARE FACILITIES.
 A. 7827                            12
 
   (A)  A  PHYSICIAN  OR  QUALIFIED  MENTAL  HEALTH  PROFESSIONAL WHO HAS
 COMPLETED TRAINING PURSUANT TO SUBDIVISION (C) OF THIS  SECTION  AND  IS
 EMPLOYED  AS  A CLINICAL STAFF MEMBER OR CLINICAL CONTRACTOR OF AN ADULT
 CARE FACILITY AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW SHALL
 BE  AUTHORIZED  TO  REQUEST  THAT THE DIRECTOR OF SUCH FACILITY, OR SUCH
 DIRECTOR'S DESIGNEE, DIRECT THE REMOVAL OF ANY RESIDENT OF SUCH FACILITY
 WHO APPEARS TO BE MENTALLY ILL AND IS ACTING IN A MANNER THAT IS  LIKELY
 TO  RESULT  IN SERIOUS HARM TO SELF OR OTHERS, TO A HOSPITAL APPROVED BY
 THE COMMISSIONER PURSUANT TO SUBDIVISION (A) OF SECTION 9.39 OR  SECTION
 31.27  OF  THIS  CHAPTER  OR,  WHERE  SUCH PHYSICIAN OR QUALIFIED MENTAL
 HEALTH PROFESSIONAL DEEMS APPROPRIATE AND THE PERSON VOLUNTARILY AGREES,
 TO A CRISIS STABILIZATION CENTER SPECIFIED  IN  SECTION  36.01  OF  THIS
 CHAPTER.
   (B)  A FACILITY DIRECTOR OR DIRECTOR'S DESIGNEE WHO RECEIVES A REQUEST
 FROM A PHYSICIAN OR QUALIFIED MENTAL  HEALTH  PROFESSIONAL  PURSUANT  TO
 SUBDIVISION  (A) OF THIS SECTION MAY DIRECT PEACE OFFICERS ACTING PURSU-
 ANT TO THEIR SPECIAL DUTIES, OR POLICE OFFICERS WHO ARE  MEMBERS  OF  AN
 AUTHORIZED  POLICE  DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPARTMENT, TO
 TAKE INTO CUSTODY AND TRANSPORT THE RESIDENT IDENTIFIED IN SUCH REQUEST.
 UPON THE REQUEST OF SUCH FACILITY DIRECTOR  OR  DESIGNEE,  AN  AMBULANCE
 SERVICE,  AS DEFINED IN SUBDIVISION TWO OF SECTION THREE THOUSAND ONE OF
 THE PUBLIC HEALTH LAW, IS AUTHORIZED TO TRANSPORT ANY SUCH PERSONS. SUCH
 PERSONS MAY THEN BE EVALUATED  FOR  ADMISSION  IN  ACCORDANCE  WITH  THE
 PROVISIONS  OF  SECTION 9.27, 9.39, 9.40 OR OTHER SECTIONS OF THIS ARTI-
 CLE, PROVIDED THAT SUCH TRANSPORT SHALL NOT CREATE  A  PRESUMPTION  THAT
 THE PERSON SHOULD BE INVOLUNTARILY ADMITTED TO A HOSPITAL.
   (C)  THE COMMISSIONER SHALL DEVELOP STANDARDS RELATING TO THE TRAINING
 REQUIREMENTS OF PHYSICIANS AND MENTAL HEALTH PROFESSIONALS AUTHORIZED TO
 REQUEST TRANSPORT PURSUANT TO THIS SECTION. SUCH TRAINING  SHALL,  AT  A
 MINIMUM,  HELP TO ENSURE THAT CRISIS AND EMERGENCY SERVICES ARE PROVIDED
 IN A MANNER THAT PROTECTS THE HEALTH AND SAFETY, AND RESPECTS THE  INDI-
 VIDUAL  NEEDS  AND  RIGHTS,  OF  PERSONS  BEING EVALUATED OR TRANSPORTED
 PURSUANT TO THIS SECTION.
   (D) A PERSON REMOVED TO A HOSPITAL  PURSUANT  TO  THIS  SECTION  SHALL
 MAINTAIN  HIS  OR  HER  STATUS  AS A RESIDENT OF THE ADULT CARE FACILITY
 UNTIL ADMITTED AS A PATIENT AT SUCH HOSPITAL OR  FOR  TWENTY-FOUR  HOURS
 FOLLOWING  SUCH  PERSON'S RELEASE UPON A DETERMINATION BY A PHYSICIAN OR
 QUALIFIED CLINICAL EXAMINER AT SUCH HOSPITAL TO NOT ADMIT THE PERSON  AS
 A  PATIENT;  PROVIDED THAT THIS SECTION SHALL NOT PREVENT THE ADULT CARE
 FACILITY FROM CONTINUING SUCH PERSON'S RESIDENCY  STATUS  FOR  A  LONGER
 PERIOD AT THE DISCRETION OF THE FACILITY DIRECTOR OR AS THE FACILITY MAY
 OTHERWISE  BE OBLIGATED. ANY PERSONAL PROPERTY OF SUCH PERSON LOCATED AT
 THE FACILITY AT THE TIME OF REMOVAL SHALL BE SECURELY MAINTAINED BY  THE
 FACILITY  FOR  THE  DURATION  OF ANY RESULTING HOSPITALIZATION OR CRISIS
 STABILIZATION, UNLESS TRANSFERRED TO ANOTHER PARTY  UPON  SUCH  PERSON'S
 REQUEST.
   § 19. The opening paragraph of section 9.57 of the mental hygiene law,
 as  amended  by  chapter  598 of the laws of 1994, is amended to read as
 follows:
   A physician OR QUALIFIED CLINICAL EXAMINER who has examined  a  person
 in an emergency room or provided emergency medical services at a general
 hospital,  as  defined in article twenty-eight of the public health law,
 [which] THAT does not have an inpatient psychiatric service, or a physi-
 cian OR QUALIFIED CLINICAL EXAMINER who  has  examined  a  person  in  a
 comprehensive  psychiatric  emergency  program  shall  be  authorized to
 request that the director of the program or hospital, or the  director's
 A. 7827                            13
 
 designee,  direct  the  removal of such person to a hospital approved by
 the commissioner pursuant to subdivision (a) of  section  9.39  of  this
 article  or  to  a  comprehensive  psychiatric emergency program, if the
 physician  OR QUALIFIED CLINICAL EXAMINER determines upon examination of
 such person that such person appears to have a mental illness for  which
 immediate  care  and  treatment in a hospital is appropriate and [which]
 THAT is likely to result in serious harm to [himself]  SELF  or  others.
 Upon  the  request  of the physician OR QUALIFIED CLINICAL EXAMINER, the
 director of the program or hospital or  the  director's  designee[,]  is
 authorized  to  direct  peace  officers,  when  acting pursuant to their
 special duties, or police officers[,] who are members of  an  authorized
 police  department  or  force  or of a sheriff's department to take into
 custody and transport any such person. Upon the request of an  emergency
 room physician or the director of the program or hospital, or the direc-
 tor's  designee,  an ambulance service, as defined by subdivision two of
 section three thousand one of the public health law,  is  authorized  to
 take into custody and transport any such person. Such person may then be
 admitted to a hospital in accordance with the provisions of section 9.39
 of  this  article or to a comprehensive psychiatric emergency program in
 accordance with the provisions of section 9.40 of this article.
   § 20. Subdivisions (b), (c), and (d) of section  9.58  of  the  mental
 hygiene  law,  subdivisions  (b), (c) and (d) as added by chapter 678 of
 the laws of 1994, and paragraph 2 of subdivision (d) as amended by chap-
 ter 230 of the laws of 2004, are amended to read as follows:
   (b) If the team physician  or  qualified  mental  health  professional
 determines that it is necessary to effectuate transport, he or she shall
 direct  peace officers, when acting pursuant to their special duties, or
 police officers[,] who are members of an authorized police department or
 force or of a sheriff's department, to take into custody  and  transport
 any  persons  identified  in  subdivision  (a) of this section. Upon the
 request of such physician or qualified mental  health  professional,  an
 ambulance  service, as defined in subdivision two of section three thou-
 sand one of the public health law, is authorized to transport  any  such
 persons.  Such persons may then be evaluated for admission in accordance
 with the provisions of section 9.27, 9.39, 9.40  or  other  sections  of
 this  article,  provided  that  [such  admission decisions shall be made
 independent of the fact that the person was transported pursuant to  the
 provisions  of this section and, provided further,] such transport shall
 not create a presumption that the person should be involuntarily  admit-
 ted to a hospital.
   (c)  The  commissioner  shall  be  authorized to develop standards, in
 consultation with the commissioner of the division of  criminal  justice
 services,  relating  to  the  training requirements of teams established
 pursuant to this section. Such training shall, at  a  minimum,  help  to
 ensure  that  [the  provision  of]  crisis  and  emergency  services are
 provided in a manner [which] THAT protects the  health  and  safety  and
 respects  the  individual needs and rights of persons being evaluated or
 transported pursuant to this section.
   (d) As used in this section[:
   (1) "Approved], "APPROVED mobile crisis outreach team"  shall  mean  a
 team  of  persons  operating as part of a mobile crisis outreach program
 approved by the commissioner of mental health, which may include  mobile
 crisis outreach teams funded pursuant to section 41.55 of this chapter.
   [(2)  "Qualified  mental  health  professional"  shall mean a licensed
 psychologist, registered professional nurse,  licensed  clinical  social
 A. 7827                            14

 worker  or  a  licensed  master social worker under the supervision of a
 physician, psychologist or licensed clinical social worker.]
   §  21. Subparagraph (iii) of paragraph 4 of subdivision (c) of section
 9.60 of the mental hygiene law, as amended by section 2 of subpart H  of
 part  UU  of  chapter  56  of  the  laws  of 2022, is amended to read as
 follows:
   (iii) notwithstanding subparagraphs (i) and (ii)  of  this  paragraph,
 resulted in the issuance of a court order for assisted outpatient treat-
 ment  [which] THAT has expired within the last six months, and since the
 expiration of the  order,  the  person  has  experienced  a  substantial
 increase in symptoms of mental illness [and such symptoms] THAT substan-
 tially  interferes  with [or limits one or more major life activities as
 determined by a  director  of  community  services  who  previously  was
 required  to  coordinate  and monitor the care of any individual who was
 subject to such expired assisted outpatient treatment order. The  appli-
 cable director of community services or their designee shall arrange for
 the  individual  to be evaluated by a physician. If the physician deter-
 mines court ordered services are  clinically  necessary  and  the  least
 restrictive  option,  the  director of community services may initiate a
 court proceeding] THE PERSON'S ABILITY TO MAINTAIN HIS OR HER HEALTH  OR
 SAFETY.
   § 22. Subparagraphs (ii) and (vi) of paragraph 1 of subdivision (e) of
 section 9.60 of the mental hygiene law, as amended by chapter 158 of the
 laws of 2005, is amended to read as follows:
   (ii)  the  parent, spouse, DOMESTIC PARTNER, sibling eighteen years of
 age or older, or child eighteen years of age or older of the subject  of
 the petition; or
   (vi)  a [psychologist, licensed pursuant to article one hundred fifty-
 three of the education law, or a social  worker,  licensed  pursuant  to
 article  one  hundred fifty-four of the education law,] QUALIFIED MENTAL
 HEALTH PROFESSIONAL who is treating the subject of the  petition  for  a
 mental illness; or
   §  23.  Paragraphs  3  and 4 of subdivision (e) of section 9.60 of the
 mental hygiene law, paragraph 3 as amended by chapter 158 of the laws of
 2005, and paragraph 4 as amended by chapter 382 of the laws of 2015, are
 amended to read as follows:
   (3) The petition shall be accompanied by an affirmation  or  affidavit
 of  a  physician,  OR  QUALIFIED  CLINICAL EXAMINER who shall not be the
 petitioner, stating either that:
   (i) such physician OR QUALIFIED CLINICAL EXAMINER has personally exam-
 ined the subject of the petition no more than  ten  days  prior  to  the
 submission of the petition, recommends assisted outpatient treatment for
 the  subject  of the petition, and is willing and able to testify at the
 hearing on the petition; or
   (ii) no more than ten days prior to the filing of the  petition,  such
 physician OR QUALIFIED CLINICAL EXAMINER or his or her designee has made
 appropriate  attempts but has not been successful in eliciting the coop-
 eration of the subject of the petition to submit to an examination, such
 physician OR QUALIFIED CLINICAL EXAMINER has reason to suspect that  the
 subject  of  the  petition  meets  the  criteria for assisted outpatient
 treatment, and such physician OR QUALIFIED CLINICAL EXAMINER is  willing
 and able to examine the subject of the petition and testify at the hear-
 ing on the petition.
   (4)  In  counties  with a population of less than eighty thousand, the
 affirmation or affidavit required by paragraph three of this subdivision
 may be made by a physician OR QUALIFIED  CLINICAL  EXAMINER  who  is  an
 A. 7827                            15
 
 employee  of  the office. The office is authorized to make available, at
 no cost to the county, a qualified physician OR QUALIFIED CLINICAL EXAM-
 INER for the purpose of making such affirmation or affidavit  consistent
 with the provisions of such paragraph.
   §  24. Paragraphs 1, 2, 3, and 4 of subdivision (h) of section 9.60 of
 the mental hygiene law, paragraphs 1, 3, and 4 as amended by chapter 158
 of the laws of 2005, and paragraph 2 as amended by section 2 of  subpart
 H  of  part UU of chapter 56 of the laws of 2022, are amended to read as
 follows:
   (1) 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 QUALIFIED CLINICAL EXAMINER or the poten-
 tial need to provide assisted outpatient  treatment  expeditiously.  The
 court  shall cause the subject of the petition, any other person receiv-
 ing notice pursuant to subdivision (f) of this section, the  petitioner,
 the  physician OR QUALIFIED CLINICAL EXAMINER whose affirmation or affi-
 davit 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 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.
   (2)  The court shall not order assisted outpatient treatment unless an
 examining physician[,] OR QUALIFIED  CLINICAL  EXAMINER  who  recommends
 assisted outpatient treatment and has personally examined the subject of
 the  petition no more than ten days before the filing of the petition[,]
 testifies in person or  by  videoconference  at  the  hearing.  Provided
 however,  a  physician  OR  QUALIFIED  CLINICAL  EXAMINER  shall only be
 authorized to testify by video conference [when it has been:  (i)  shown
 that  diligent  efforts  have been made to attend such hearing in person
 and] UPON CONSENT OF the subject of the petition [consents to the physi-
 cian testifying by video conference;] or  [(ii)  the  court  orders  the
 physician  to testify by video conference] upon a finding of good cause.
 Such physician OR QUALIFIED CLINICAL EXAMINER shall state the facts  and
 clinical determinations which support the allegation that the subject of
 the  petition  meets each of the criteria for assisted outpatient treat-
 ment.
   (3) If the subject of the petition has refused to  be  examined  by  a
 physician  OR  QUALIFIED  CLINICAL  EXAMINER,  the court may request the
 subject to consent to an examination by a physician OR  QUALIFIED  CLIN-
 ICAL  EXAMINER  appointed  by  the court. If the subject of the petition
 does not consent and the court finds reasonable cause  to  believe  that
 the  allegations  in  the  petition  are true, the court may order peace
 officers, acting pursuant to their special duties,  or  police  officers
 who  are  members of an authorized police department or force[,] or of a
 sheriff's department to take the subject of the  petition  into  custody
 and transport him or her to a hospital for examination by a physician OR
 QUALIFIED  CLINICAL  EXAMINER.  Retention of the subject of the petition
 under such order shall not exceed twenty-four hours. The examination  of
 A. 7827                            16
 
 the  subject of the petition may be performed by the physician OR QUALI-
 FIED CLINICAL EXAMINER whose affirmation or  affidavit  accompanied  the
 petition pursuant to paragraph three of subdivision (e) of this section,
 if  such  physician OR QUALIFIED CLINICAL EXAMINER is privileged by such
 hospital or otherwise authorized by such hospital  to  do  so.  If  such
 examination is performed by another physician[, the examining physician]
 OR  QUALIFIED  CLINICAL  EXAMINER,  SUCH PHYSICIAN OR QUALIFIED CLINICAL
 EXAMINER may consult with the physician OR QUALIFIED  CLINICAL  EXAMINER
 whose  affirmation  or  affidavit accompanied the petition as to whether
 the subject meets the criteria for assisted outpatient treatment.
   (4) A physician OR QUALIFIED CLINICAL EXAMINER who testifies  pursuant
 to  paragraph  two  of this subdivision shall state[: (i)] the facts AND
 CONCLUSIONS which support the allegation that the subject meets each  of
 the  criteria  for  assisted outpatient treatment[, (ii)] AND that [the]
 ASSISTED OUTPATIENT treatment is  the  least  restrictive  alternative[,
 (iii)  the  recommended  assisted  outpatient  treatment,  and  (iv) the
 rationale for the recommended  assisted  outpatient  treatment.  If  the
 recommended  assisted  outpatient  treatment  includes  medication, such
 physician's testimony shall describe the types or classes of  medication
 which  should  be  authorized,  shall describe the beneficial and detri-
 mental physical and mental effects of such medication, and shall  recom-
 mend whether such medication should be self-administered or administered
 by authorized personnel].
   §  25.  Subdivision  (i) of section 9.60 of the mental hygiene law, as
 amended by chapter 158 of the laws  of  2005,  is  amended  to  read  as
 follows:
   (i)  Written  treatment  plan.  (1) The court shall not order assisted
 outpatient treatment unless a physician OR PSYCHIATRIC NURSE PRACTITION-
 ER appointed by the appropriate  director,  in  consultation  with  such
 director,  develops  and provides to the court a proposed written treat-
 ment 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,  as set forth in paragraph one of subdivision (a) of
 this section, which such physician  OR  PSYCHIATRIC  NURSE  PRACTITIONER
 recommends that the subject of the petition receive. All service provid-
 ers 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 medica-
 tion  most  likely  to  provide  maximum benefit for the subject. If the
 written treatment plan includes alcohol or  substance  abuse  counseling
 and  treatment,  such  plan  may  include a provision requiring relevant
 testing for either alcohol or illegal  substances  provided  the  physi-
 cian's OR PSYCHIATRIC NURSE PRACTITIONER'S clinical basis for recommend-
 ing  such  plan provides sufficient facts for the court to find (i) that
 such person has a history of alcohol or substance abuse  that  is  clin-
 ically  related  to  the  mental  illness; and (ii) that such testing is
 necessary to prevent a relapse or deterioration [which]  THAT  would  be
 likely  to  result  in serious harm to [the person] SELF or others. If a
 director is the petitioner, the written 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 paragraph three of subdivision (j) of this section.
 A. 7827                            17
 
   (2) The physician  OR  PSYCHIATRIC  NURSE  PRACTITIONER  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 petition; the treating physician, if any; and
 upon  the  request of the subject of the petition, an individual signif-
 icant 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
 OR PSYCHIATRIC NURSE PRACTITIONER shall consider any directions included
 in such proxy in developing the written treatment plan.
   (3)  The  court shall not order assisted outpatient treatment unless a
 physician OR PSYCHIATRIC NURSE PRACTITIONER appearing  on  behalf  of  a
 director testifies IN PERSON OR BY VIDEO CONFERENCE to explain the writ-
 ten  proposed treatment plan; PROVIDED THAT SUCH TESTIMONY SHALL ONLY BE
 PERMITTED BY VIDEO CONFERENCE UPON CONSENT OF THE SUBJECT OF  THE  PETI-
 TION  OR  UPON  A  FINDING  OF GOOD CAUSE. Such physician OR PSYCHIATRIC
 NURSE PRACTITIONER shall state the  categories  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 outpatient treatment plan includes medica-
 tion, [such physician shall state] the types or  classes  of  medication
 recommended,  the beneficial and detrimental physical and mental effects
 of such medication, and whether such medication should be  self-adminis-
 tered  or  administered by an authorized professional. If the subject of
 the petition has executed a health care proxy, such physician OR PSYCHI-
 ATRIC NURSE PRACTITIONER shall state  the  consideration  given  to  any
 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 paragraph three of subdivision (j) of
 this section.
   § 26. Paragraph 2 of subdivision (j) of section  9.60  of  the  mental
 hygiene  law, as amended by chapter 1 of the laws of 2013, is amended to
 read as follows:
   (2) 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] OF one year; PROVIDED THAT THE COURT MAY ORDER ASSISTED
 OUTPATIENT TREATMENT FOR A SHORTER PERIOD UPON A SHOWING OF  GOOD  CAUSE
 OR  UPON  THE  REQUEST  OF  THE PETITIONER. In fashioning the order, the
 court shall specifically make findings by clear and convincing  evidence
 that the proposed treatment is the least restrictive treatment appropri-
 ate  and  feasible  for  the  subject. The order shall state an assisted
 outpatient  treatment  plan,  which  shall  include  all  categories  of
 assisted outpatient treatment, as set forth in paragraph one of subdivi-
 sion  (a)  of this section, 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 subdivision (i) of this section.
   §  27.  Paragraph  2  of subdivision (k) of section 9.60 of the mental
 hygiene law, as amended by chapter 1 of the laws of 2013, is amended  to
 read as follows:
 A. 7827                            18
 
   (2) 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  subparagraph  (i)  or
 (ii)  of  paragraph  one  of  subdivision  (e)  of this section, 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 procedures for obtaining any  order  pursuant  to  this  subdivision
 shall be in accordance with the provisions of the foregoing subdivisions
 of  this  section; provided that the time restrictions included in para-
 graph four of subdivision (c) of this section shall not  be  applicable.
 The  notice  provisions set forth in paragraph six of subdivision (j) of
 this section shall be applicable. Any  court  order  requiring  periodic
 blood  tests  or urinalysis for the presence of alcohol or illegal drugs
 shall be subject to review after six months by the physician OR  PSYCHI-
 ATRIC  NURSE  PRACTITIONER  who  developed the written treatment plan or
 another physician OR PSYCHIATRIC NURSE PRACTITIONER  designated  by  the
 director,  and such physician OR PSYCHIATRIC NURSE PRACTITIONER shall be
 authorized to terminate such blood tests or urinalysis  without  further
 action by the court.
   §  28.  Subdivision  (n) of section 9.60 of the mental hygiene law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (n) Failure to comply with assisted outpatient treatment. Where in the
 clinical judgment of a physician OR QUALIFIED CLINICAL EXAMINER, (i) the
 assisted outpatient, has failed or refused to comply with  the  assisted
 outpatient  treatment, (ii) efforts were made to solicit compliance, and
 (iii) such assisted outpatient may be in need of  involuntary  admission
 to  a  hospital  pursuant  to  section 9.27 of this article or immediate
 observation, care and treatment pursuant to section 9.39 or 9.40 of this
 article, such physician OR QUALIFIED CLINICAL EXAMINER may  request  the
 appropriate  director of community services, the director's designee, or
 any physician OR QUALIFIED CLINICAL EXAMINER designated by the  director
 of  community  services  pursuant  to  section  9.37 of this article, to
 direct the removal of such assisted outpatient to an appropriate  hospi-
 tal  for an examination to determine if such person has a mental illness
 for which hospitalization is necessary pursuant to section 9.27, 9.39 or
 9.40 of this article. Furthermore, if such assisted  outpatient  refuses
 to take medications as required by the court order, or he or she refuses
 to  take,  or fails a blood test, urinalysis, or alcohol or drug test as
 required by the court order, such physician OR QUALIFIED CLINICAL  EXAM-
 INER  may  consider such refusal or failure when determining whether the
 assisted outpatient is in need of an examination to determine whether he
 or she has a mental illness for which hospitalization is necessary. Upon
 the request of such physician OR QUALIFIED CLINICAL EXAMINER, the appro-
 priate director, the director's designee, or any physician OR  QUALIFIED
 CLINICAL  EXAMINER  designated pursuant to section 9.37 of this article,
 may direct peace officers, acting pursuant to their special  duties,  or
 police  officers  who  are members of an authorized police department or
 force or of a sheriff's department to take the assisted outpatient  into
 custody  and transport him or her to the hospital operating the assisted
 outpatient treatment program or to any hospital authorized by the direc-
 tor of community services to receive such persons. Such law  enforcement
 officials  shall  carry  out  such  directive.  Upon the request of such
 A. 7827                            19
 
 physician OR QUALIFIED CLINICAL EXAMINER, the appropriate director,  the
 director's  designee,  or  any  physician OR QUALIFIED CLINICAL EXAMINER
 designated pursuant to  section  9.37  of  this  article,  an  ambulance
 service,  as defined by subdivision two of section three thousand one of
 the public health law, or an approved mobile crisis  outreach  team,  as
 defined  in  section  9.58  of this article, shall be authorized to take
 into custody and transport any such person to the hospital operating the
 assisted outpatient treatment program, or to any other hospital  author-
 ized  by  the appropriate director of community services to receive such
 persons. Any director of  community  services,  or  designee,  shall  be
 authorized  to direct the removal of an assisted outpatient who is pres-
 ent in his or her county to an appropriate hospital, in accordance  with
 the  provisions  of  this subdivision, based upon a determination of the
 appropriate  director  of  community  services  OR  DIRECTOR'S  DESIGNEE
 directing  the  removal  of  such  assisted  outpatient pursuant to this
 subdivision. Such person may  be  retained  for  observation,  care  and
 treatment  and further examination in the hospital for up to seventy-two
 hours to permit a physician OR QUALIFIED CLINICAL EXAMINER to  determine
 whether  such  person has a mental illness and is in need of involuntary
 care and treatment in a hospital pursuant  to  the  provisions  of  this
 article. Any continued involuntary retention in such hospital beyond the
 initial  seventy-two  hour  period  shall  be  in  accordance  with  the
 provisions of this article relating to  the  involuntary  admission  and
 retention of a person. If at any time during the seventy-two hour period
 the  person  is  determined  not  to  meet the involuntary admission and
 retention provisions of this article, and does not agree to stay in  the
 hospital as a voluntary or informal patient, he or she must be released.
 Failure  to  comply with an order of assisted outpatient treatment shall
 not be grounds for involuntary civil commitment or a finding of contempt
 of court.
   § 29. Subdivision (s) of section 9.60 of the mental  hygiene  law,  as
 added  by section 2 of subpart H of part UU of chapter 56 of the laws of
 2022, is amended to read as follows:
   (s) DISCLOSURES. (1) A director of community services or  his  or  her
 designee  may  require  a  provider  of [inpatient psychiatric] services
 operated or licensed by the office of mental health to provide  [contem-
 poraneous]  information,  including but not limited to relevant clinical
 records, documents, and other information concerning [the person receiv-
 ing assisted outpatient treatment pursuant to an active assisted  outpa-
 tient treatment order,] AN ASSISTED OUTPATIENT, A SUBJECT OF A CURRENTLY
 PENDING  PETITION  PURSUANT  TO  THIS  SECTION,  OR  A PERSON WHO IS THE
 SUBJECT OF AN INVESTIGATION PURSUANT TO PARAGRAPH TWO OF SUBDIVISION (B)
 OF SECTION 9.47 OF THIS ARTICLE, that is deemed necessary by such direc-
 tor or designee [who is required to coordinate and monitor the  care  of
 any  individual  who was subject to an active assisted outpatient treat-
 ment order to appropriately] IN THE discharge OF their  duties  OF  CARE
 COORDINATION, CARE MONITORING, OR INVESTIGATION pursuant to section 9.47
 of  this  article[, and where] OR TREATMENT PLAN DEVELOPMENT PURSUANT TO
 SUBDIVISION (I) OF THIS SECTION; PROVIDED THAT such provider  [of  inpa-
 tient  psychiatric  services]  is  [required] PERMITTED to disclose such
 information pursuant to paragraph twelve of subdivision (c)  of  section
 33.13  of  this  chapter and such disclosure is in accordance with PARA-
 GRAPH TWO OF THIS SUBDIVISION AND all other applicable state and federal
 confidentiality laws. None of the records or information obtained by the
 director of community services OR THE DIRECTOR'S  DESIGNEE  pursuant  to
 this  subdivision  shall be public records, and the records shall not be
 A. 7827                            20
 
 released by the director to any person  or  agency,  except  as  already
 authorized by law.
   (2) A REQUIREMENT TO DISCLOSE INFORMATION PURSUANT TO THIS SUBDIVISION
 SHALL  BE  IN  WRITING  AND SHALL BE ACCOMPANIED BY DOCUMENTATION DEMON-
 STRATING THAT:
   (I) THE IDENTIFIED PERSON CONSENTS TO SUCH DISCLOSURE; OR
   (II) (A) THE DIRECTOR OF COMMUNITY SERVICES OR THE DIRECTOR'S DESIGNEE
 PROVIDED OR MADE A GOOD FAITH ATTEMPT TO PROVIDE THE  IDENTIFIED  PERSON
 WITH  WRITTEN  NOTICE  OF  THE  DIRECTOR'S  OR THE DIRECTOR'S DESIGNEE'S
 INTENT TO SEEK SUCH  DISCLOSURE;  (B)  SUCH  NOTICE  WAS  SUFFICIENT  TO
 PROVIDE  SUCH  PERSON  WITH  A  REASONABLE OPPORTUNITY TO CHALLENGE SUCH
 DISCLOSURE IN COURT; AND (C) EITHER NO SUCH CHALLENGE WAS FILED  OR  THE
 COURT RESOLVED SUCH CHALLENGE BY AUTHORIZING DISCLOSURE.
   §  30.  The mental hygiene law is amended by adding a new section 9.64
 to read as follows:
 § 9.64 NOTICE OF ADMISSION DETERMINATION TO COMMUNITY PROVIDER.
   UPON A DETERMINATION BY A PHYSICIAN  OR  QUALIFIED  CLINICAL  EXAMINER
 PURSUANT TO THE PROVISIONS OF THIS ARTICLE AS TO WHETHER A PERSON SHOULD
 BE  ADMITTED  AS  A  PATIENT IN A HOSPITAL OR RECEIVED AS A PATIENT IN A
 COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM, THE DIRECTOR OF SUCH HOSPI-
 TAL OR PROGRAM SHALL ENSURE THAT REASONABLE EFFORTS ARE MADE TO IDENTIFY
 AND PROMPTLY NOTIFY OF SUCH  DETERMINATION  ANY  COMMUNITY  PROVIDER  OF
 MENTAL HEALTH SERVICES THAT MAINTAINS SUCH PERSON ON ITS CASELOAD.
   §  31.  Paragraph  1 of subdivision (e) of section 29.15 of the mental
 hygiene law, as amended by chapter 408 of the laws of 1999,  is  amended
 to read as follows:
   1.  In  the case of an involuntary patient on conditional release, the
 director may terminate the conditional release and order the patient  to
 return to the facility at any time during the period for which retention
 was authorized, if, in the director's judgment, the patient needs in-pa-
 tient care and treatment and the conditional release is no longer appro-
 priate;  provided,  however,  that  in any such case, the director shall
 cause written notice of such patient's return to be given to the  mental
 hygiene  legal  service.  The  director  shall  cause  the patient to be
 retained for observation, care and treatment and further examination  in
 a hospital for up to seventy-two hours if a physician OR QUALIFIED CLIN-
 ICAL  EXAMINER  on the staff of the hospital determines that such person
 may have a mental illness and may be in need  of  involuntary  care  and
 treatment  in  a  hospital pursuant to the provisions of article nine of
 this chapter. Any  continued  retention  in  such  hospital  beyond  the
 initial  seventy-two  hour  period  shall  be  in  accordance  with  the
 provisions of this chapter relating to  the  involuntary  admission  and
 retention of a person. If at any time during the seventy-two hour period
 the  person  is  determined  not  to  meet the involuntary admission and
 retention provisions of this chapter, and does not agree to stay in  the
 hospital as a voluntary or informal patient, he or she must be released,
 either conditionally or unconditionally.
   §  32. Subdivisions (f) and (m) of section 29.15 of the mental hygiene
 law, subdivision (f) as amended by chapter 135 of the laws of 1993,  and
 subdivision (m) as added by chapter 341 of the laws of 1980, are amended
 to read as follows:
   (f)  The  discharge  or conditional release of all clients at develop-
 mental centers, patients at psychiatric centers or patients at psychiat-
 ric inpatient services subject to licensure  by  the  office  of  mental
 health  shall  be  in accordance with a written service plan prepared by
 staff familiar with the case history of the  client  or  patient  to  be
 A. 7827                            21
 
 discharged or conditionally released and in cooperation with appropriate
 social  services officials and directors of local governmental units. In
 causing such plan to be prepared, the director  of  the  facility  shall
 take  steps  to  assure  that  the  following  persons  are interviewed,
 provided an opportunity to actively participate in  the  development  of
 such  plan  and  advised  of whatever services might be available to the
 patient through the mental hygiene legal  service:  the  patient  to  be
 discharged  or  conditionally  released; A REPRESENTATIVE OF A COMMUNITY
 PROVIDER OF MENTAL HEALTH SERVICES, INCLUDING A PROVIDER OF CASE MANAGE-
 MENT SERVICES, THAT MAINTAINS THE PATIENT ON ITS CASELOAD; an authorized
 representative of the patient, to include the parent or parents  if  the
 patient  is  a  minor,  unless  such minor sixteen years of age or older
 objects to the participation of the parent or parents and there has been
 a clinical determination by a physician  that  the  involvement  of  the
 parent  or  parents is not clinically appropriate and such determination
 is documented in the clinical record and there is no plan  to  discharge
 or release the minor to the home of such parent or parents; and upon the
 request of the patient sixteen years of age or older, [a significant] AN
 individual  SIGNIFICANT  to  the  patient  including any relative, close
 friend or  individual  otherwise  concerned  with  the  welfare  of  the
 patient, other than an employee of the facility.
   (m)  It  shall be the responsibility of the chief administrator of any
 facility providing inpatient services subject to licensure by the office
 of mental health to notify[, when appropriate, the local social services
 commissioner and appropriate state and  local  mental  health  represen-
 tatives]  THE  FOLLOWING  PERSONS  when  an  inpatient  is  about  to be
 discharged or conditionally released and to provide to such  [officials]
 PERSONS  the  written  service  plan  developed  for  such  inpatient as
 required under subdivision (f) of this section: A  REPRESENTATIVE  OF  A
 COMMUNITY  PROVIDER  OF  MENTAL HEALTH SERVICES, INCLUDING A PROVIDER OF
 CASE MANAGEMENT SERVICES, THAT MAINTAINS THE PATIENT ON ITS CASELOAD;  A
 REPRESENTATIVE OF AN ADULT CARE FACILITY IN WHICH THE PATIENT RESIDED AT
 THE  TIME  OF  THE PATIENT'S ADMISSION; AND, WHEN APPROPRIATE, THE LOCAL
 SOCIAL SERVICES COMMISSIONER AND  APPROPRIATE  STATE  AND  LOCAL  MENTAL
 HEALTH REPRESENTATIVES.
   §  33.  Section 29.15 of the mental hygiene law is amended by adding a
 new subdivision (f-1) to read as follows:
   (F-1) PRIOR TO THE DISCHARGE OF A PATIENT FROM A PSYCHIATRIC CENTER OR
 FROM PSYCHIATRIC INPATIENT SERVICES SUBJECT TO LICENSURE BY  THE  OFFICE
 OF  MENTAL  HEALTH, THE STAFF OF SUCH FACILITY SHALL CONDUCT A REVIEW AS
 TO WHETHER THE PATIENT MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREAT-
 MENT PURSUANT TO ARTICLE NINE OF THIS CHAPTER. BEFORE  DISCHARGE,  STAFF
 SHALL RECORD IN THE PATIENT'S MEDICAL RECORD THE FINDING OF SUCH REVIEW,
 THE  BASIS OF THE FINDING, AND, FOR A PATIENT FOUND TO MEET THE CRITERIA
 FOR ASSISTED OUTPATIENT TREATMENT, THE  ACTIONS  TAKEN  TO  INITIATE  AN
 ASSISTED  OUTPATIENT  TREATMENT  PETITION  OR  REFERRAL. SUCH FACILITIES
 SHALL REPORT ON A QUARTERLY BASIS TO THE OFFICE OF  MENTAL  HEALTH:  THE
 NUMBER OF PSYCHIATRIC INPATIENTS DISCHARGED; THE NUMBER OF SUCH PATIENTS
 WHO  WERE  SCREENED  FOR  ASSISTED OUTPATIENT TREATMENT ELIGIBILITY; THE
 NUMBER OF PATIENTS DETERMINED TO MEET THE CRITERIA FOR  ASSISTED  OUTPA-
 TIENT  TREATMENT;  AND  THE  NUMBER  OF  PATIENTS DETERMINED TO MEET THE
 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT WHO WERE  REFERRED  OR  PETI-
 TIONED  FOR  ASSISTED  OUTPATIENT TREATMENT. THE OFFICE OF MENTAL HEALTH
 SHALL DEVELOP AN ELECTRONIC FORM TO FACILITATE SUCH REPORTING.
 A. 7827                            22
 
   § 34. Subdivision (b) of section 41.09 of the mental hygiene  law,  as
 amended  by  chapter  588 of the laws of 1973 and such section as renum-
 bered by chapter 978 of the laws of 1977, is amended to read as follows:
   (b) Each director shall be a psychiatrist or other professional person
 who  meets  standards  set  by the commissioner for the position. If the
 director is not a physician OR QUALIFIED CLINICAL EXAMINER AS DEFINED IN
 ARTICLE NINE OF THIS CHAPTER, [he] THE DIRECTOR shall not have the power
 to conduct examinations authorized  to  be  conducted  by  an  examining
 physician  OR  QUALIFIED CLINICAL EXAMINER or by a director of community
 services pursuant to this chapter but [he] shall designate an  examining
 physician  OR  QUALIFIED  CLINICAL  EXAMINER  who  shall be empowered to
 conduct such examinations on behalf of such director.  A  director  need
 not  reside  in the area to be served. The director shall be a full-time
 employee except in cases where the commissioner has expressly waived the
 requirement.
   § 35. The office of mental health  shall  conduct  live  training  and
 shall  disseminate  training materials on the changes to law included in
 this act and their implications for professional practice. Such training
 and materials shall be specifically tailored and  directly  provided  to
 multiple  audiences,  including  mental  health  professionals, hospital
 personnel, adult care  facility  personnel,  law  enforcement  officers,
 ambulance service personnel, and the general public.
   §  36.  This act shall take effect on the ninetieth day after it shall
 have become a law;  provided, however, that:
   a. the amendments to subdivision (a) of section  9.37  of  the  mental
 hygiene law made by section ten of this act shall not affect the expira-
 tion  and  reversion  of  such subdivision and shall be deemed to expire
 therewith;
   b. the amendments to section 9.40 of the mental hygiene  law  made  by
 section  twelve  of this act shall not affect the repeal of such section
 and shall be deemed repealed therewith;
   c. the amendments to sections 9.41 and 9.45 of the mental hygiene  law
 made  by sections thirteen and fourteen of this act shall not affect the
 expiration and reversion of such sections  pursuant  to  section  21  of
 chapter  723  of  the  laws of 1989, as amended, and shall expire and be
 deemed repealed therewith;
   d. the amendments to paragraph 3 of subdivision (b) of section 9.47 of
 the mental hygiene law made by section sixteen of  this  act  shall  not
 affect the repeal of such subdivision and shall be deemed to be repealed
 therewith;
   e.  the amendments to sections 9.55 and 9.57 of the mental hygiene law
 made by sections seventeen and nineteen of this act shall not affect the
 expiration and reversion of such sections   pursuant to  section  21  of
 chapter  723  of  the  laws  of  1989,  as  amended, and shall be deemed
 repealed therewith;
   f. the amendments to section 9.60 of the mental hygiene  law  made  by
 sections twenty-one, twenty-two, twenty-three, twenty-four, twenty-five,
 twenty-six, twenty-seven, twenty-eight and twenty-nine of this act shall
 not affect the repeal of such section and shall be deemed repealed ther-
 ewith; and
   g.  the  amendments  to subdivision (e) of section 29.15 of the mental
 hygiene law made by section thirty-one of this act shall not affect  the
 expiration  and repeal of such section pursuant to section 18 of chapter
 408 of the laws of 1989, as amended  and  shall  expire  and  be  deemed
 repealed therewith.
 A. 7827                            23
 
   Effective  immediately,  the  addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.