S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9954
 
                             I N  S E N A T E
 
                             November 22, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the mental hygiene law, in relation to the  hospitaliza-
   tion, care coordination, and assisted outpatient treatment for persons
   with  mental  illness  by  qualified  clinical  examiners or qualified
   mental health professionals

   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 "Harness
 Expertise of Licensed Professionals Act" or the "H.E.L.P." act.
   § 2. 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:
   (A)  "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.
   (B)  "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 judgment is so
 impaired that [he] SUCH PERSON is unable to understand the need for such
 care and treatment.
   (C) "likelihood to result in serious harm" or  "likely  to  result  in
 serious harm" means [(a)] (I) a substantial risk of physical harm to the
 person  as  manifested  by  threats of or attempts at suicide or serious
 bodily harm or other conduct demonstrating that the person is  dangerous
 to  [himself or herself] THEMSELVES, or [(b)] (II) a substantial risk of
 physical harm to other persons  as  manifested  by  homicidal  or  other
 violent  behavior by which others are placed in reasonable fear of seri-
 ous physical harm.
   (D) "need for retention" means that a person who has been admitted  to
 a  hospital  pursuant to this article is in need of involuntary care and
 treatment in a hospital for a further period.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16302-03-4
 S. 9954                             2
 
   (E) "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.
   (F)  "director  of community services" means the director of community
 services for the mentally disabled appointed pursuant to article  forty-
 one of this chapter.
   (G)  "qualified  psychiatrist"  means a physician licensed to practice
 medicine in New York state who: [(a)] (I) is a diplomate of the American
 board of psychiatry and neurology or is eligible to be certified by that
 board; or [(b)] (II) is certified by the American osteopathic  board  of
 neurology and psychiatry or is eligible to be certified by that board.
   (H)  "QUALIFIED  CLINICAL  EXAMINER" MEANS A PSYCHIATRIC NURSE PRACTI-
 TIONER CERTIFIED BY THE DEPARTMENT OF EDUCATION, A PSYCHOLOGIST LICENSED
 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW,  OR  A
 CLINICAL  SOCIAL  WORKER LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-
 FOUR OF THE EDUCATION LAW.
   (I) "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.
   §  3. 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 is] THEY ARE a relative  of  the  person  applying  for  the
 admission or of the person alleged to be mentally ill.
   2.  if [he is] THEY ARE a manager, trustee, visitor, proprietor, offi-
 cer, director, or stockholder of the hospital in which  the  patient  is
 hospitalized  or to which it is proposed to admit such person, except as
 otherwise provided in this chapter, or if [he has] THEY HAVE any pecuni-
 ary 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.
   3. if [he is] THEY ARE 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 needs] THEY NEED  involuntary  care  and  treatment  in  a
 hospital  and  such  other  information as the commissioner may by regu-
 lation require.
   § 4. The section heading and subdivisions (a), (d),  (e)  and  (i)  of
 section  9.27 of the mental hygiene law, as renumbered by chapter 978 of
 S. 9954                             3
 
 the laws of 1977, subdivision (i) as amended by chapter 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 is] THEY ARE  examining  for  involuntary
 care  and  treatment  has  been  under prior treatment, [he] THEY 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] THEY 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]  THEY  ARE
 mentally  ill  and in need of involuntary care and treatment in a hospi-
 tal, either physician OR QUALIFIED CLINICAL EXAMINER  is  authorized  to
 request 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
 such person to a hospital for determination by the director whether such
 person qualifies for  admission  pursuant  to  this  section.  Upon  the
 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.
   §  5. Section 9.29 of the mental hygiene law, as renumbered by chapter
 978 of the laws of 1977 and subdivision (a) as amended by chapter 789 of
 the laws of 1985, is amended to read as follows:
 § 9.29 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.
 S. 9954                             4
 
   (b) The director shall cause written notice of the admission  of  such
 person,  including  such person's rights under this article, to be given
 personally or by mail not later than five  days,  excluding  Sunday  and
 holidays, after such admission to the following:
   1.  the  nearest  relative  of  the person alleged to be mentally ill,
 other than the applicant, if there be  any  such  person  known  to  the
 director.
   2.  as  many  as three additional persons, if designated in writing to
 receive such notice by the person so admitted.
   § 6. The section heading and subdivision (a) of section  9.31  of  the
 mental hygiene law, 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;  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 request for hearing on the question of need for involun-
 tary 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.
   § 7. 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 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 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.
 S. 9954                             5
 
   § 8. Section 9.37 of the mental hygiene law,  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,  subdivision (d) as amended by chapter 357 of the laws of 1991
 and  relettered by chapter 343 of the laws of 1996, subdivisions (e) and
 (f) as relettered by chapter 343 of the laws of  1996,  and  subdivision
 (g)  as added by chapter 978 of the laws of 1977 and relettered by chap-
 ter 343 of the laws of 1996, is amended to read as follows:
 § 9.37 Involuntary admission on certificate of a director  of  community
          services or [his] THE 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,  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]  THE  PATIENT  does  not
 agree to remain in such hospital as a voluntary patient, the certificate
 of  another  examining physician OR QUALIFIED CLINICAL EXAMINER who is a
 member of the psychiatric staff of the hospital that the patient  is  in
 need of involuntary care and treatment shall be filed with the hospital.
 From the time of [his or her] THE PATIENT'S 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  admission  and  retention  of  involuntary  patients,
 provided  that,  for the purposes of such provisions, the date of admis-
 sion 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
 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-
 S. 9954                             6
 
 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]  THEY  DETERMINE  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  QUALIFIED  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 informa-
 tion as [he] THE COMMISSIONER may deem appropriate, including  a  state-
 ment of the efforts made by the director of community services to locate
 a designated examining physician 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 written
 [request] DIRECTIVE 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.
   (f) The provisions of this section shall not be applicable to continue
 any  patient in a hospital who has already been admitted to the hospital
 under this or any other section of this article.
   (g) If a person is examined and determined to be mentally ill the fact
 that such person suffers from  alcohol  or  substance  abuse  shall  not
 preclude commitment under this section.
   §  8-a.  Subdivision (a) of section 9.37 of the mental hygiene law, as
 renumbered by chapter 978 of the laws of 1977, is  amended  to  read  as
 follows:
   (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] THE DIRECTOR, may receive and care for  in
 such  hospital as a patient any person who, in the opinion of the direc-
 tor of community services or [his] THE DIRECTOR'S designee, has a mental
 illness for which immediate inpatient care and treatment in  a  hospital
 is  appropriate  and  which,  WITHOUT  TREATMENT, is likely to result in
 S. 9954                             7
 
 serious harm to [himself] SELF or others; "likelihood of  serious  harm"
 shall mean:
   1.  substantial  risk of physical harm to [himself] SELF as manifested
 by threats of or attempts at suicide or serious  bodily  harm  or  other
 conduct demonstrating that [he is] THEY ARE dangerous to [himself] THEM-
 SELF, 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 or serious physical harm.
   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] THE PATIENT does not agree to
 remain in such hospital as  a  voluntary  patient,  the  certificate  of
 another  examining  physician  OR  QUALIFIED  CLINICAL EXAMINER who is a
 member of the psychiatric staff of the hospital that the patient  is  in
 need of involuntary care and treatment shall be filed with the hospital.
 From  the  time of [his] THE  PATIENT'S 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 contin-
 ued retention or transfer and continued retention provided by this arti-
 cle for the admission and retention of  involuntary  patients,  provided
 that,  for the purposes of such provisions, the date of admission of the
 patient shall be deemed to be  the  date  when  the  patient  was  first
 received in the hospital under this section.
   §  9.  Section  9.39  of  the mental hygiene law, as renumbered by and
 subdivision (c) as added by chapter 978 of the laws of 1977, and  subdi-
 vision  (a) as amended by chapter 789 of the laws of 1985, is amended to
 read as follows:
 § 9.39 Emergency admissions for immediate observation, care, and  treat-
          ment.
   (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 is likely to result in seri-
 ous 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] SELF as manifested
 by threats of or attempts at suicide or serious  bodily  harm  or  other
 conduct demonstrating that [he is] THEY ARE dangerous to [himself] THEM-
 SELF, 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
 S. 9954                             8
 
 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.
   (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) OF THIS SECTION,
 the filing of an application  for  involuntary  admission  on  [medical]
 S. 9954                             9
 
 CLINICAL  certification  shall  not  delay or prevent the holding of the
 hearing.
   (c) If a person is examined and determined to be mentally ill the fact
 that  such  person  suffers  from  alcohol  or substance abuse shall not
 preclude commitment under this section.
   § 10. Subdivisions (a-1), (b) and (c) of section 9.40  of  the  mental
 hygiene  law,  subdivision (a-1) as added and subdivision (b) as amended
 by section 2 of part PPP of chapter 58 of the laws of  2020, and  subdi-
 vision  (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] THEIR 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
 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.
   § 11. 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
 S. 9954                            10
 
 section 9.60 of this article, and documenting the petition  filing  date
 and the date of the court order;
   §  12.  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
          EXAMINER.
   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] THEY ARE either supervising or providing
 in a facility licensed or  operated  by  the  office  of  mental  health
 [which] THAT does not have an inpatient psychiatric service, to a hospi-
 tal  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] THEY DETERMINE 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 CLINICAL 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 psychiatrist 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 psychi-
 atric  emergency  program  in  accordance with the provisions of section
 9.40 of this article.
   § 12-a. Section 9.55 of the mental hygiene law, as amended by  chapter
 847 of the laws of 1987, is amended to read as follows:
 § 9.55 Emergency  admissions  for immediate observation, care and treat-
          ment; powers of qualified psychiatrists AND QUALIFIED  CLINICAL
          EXAMINER.
   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 is] THEY ARE either supervising  or  providing  in  a
 facility  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, if [he determines] THEY DETERMINE 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]  SELF
 or  others,  as  defined  in  section  9.39  of  this  article. Upon the
 [request] DIRECTIVE of such qualified psychiatrist OR QUALIFIED CLINICAL
 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 trans-
 port any such person. Upon the request of a  qualified  psychiatrist  OR
 QUALIFIED  CLINICAL EXAMINER, an ambulance service, as defined by subdi-
 vision two of section three thousand one of the public  health  law,  is
 authorized  to transport any such person. Such person may then be admit-
 ted in accordance with the provisions of section 9.39 of this article.
 S. 9954                            11
 
   § 13. 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) 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  THEIR  STATUS  AS  A RESIDENT OF THE ADULT CARE FACILITY UNTIL
 ADMITTED AS A PATIENT AT SUCH HOSPITAL OR FOR TWENTY-FOUR HOURS  FOLLOW-
 ING  SUCH PERSON'S RELEASE UPON A DETERMINATION BY A PHYSICIAN OR QUALI-
 FIED 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.
   §  14.  Section  9.57 of the mental hygiene law, as amended by chapter
 598 of the laws of 1994, is amended to read as follows:
 § 9.57 Emergency admissions for immediate observation, care  and  treat-
          ment; powers of emergency room physicians OR QUALIFIED CLINICAL
          EXAMINERS.
 S. 9954                            12
 
   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
 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  QUALIFIED  CLINICAL EXAMINER or the director of the
 program or hospital, or the director'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 accord-
 ance with the provisions of section 9.39 of this article or to a compre-
 hensive psychiatric emergency program in accordance with the  provisions
 of section 9.40 of this article.
   §  14-a. Section 9.57 of the mental hygiene law, as amended by chapter
 847 of the laws of 1987, is amended to read as follows:
 § 9.57 Emergency admissions for immediate observation, care  and  treat-
          ment; powers of emergency room physicians OR QUALIFIED CLINICAL
          EXAMINER.
   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, shall be
 authorized to request that the director of the hospital,  or  [his]  THE
 DIRECTOR'S  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, if the physician OR QUALIFIED CLINICAL EXAMINER  deter-
 mines 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, as defined in section 9.39 of this article.
 Upon the request of the physician OR QUALIFIED  CLINICAL  EXAMINER,  the
 director of the hospital or [his] 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  trans-
 port any such person. Upon the request of an emergency room physician OR
 QUALIFIED  CLINICAL  EXAMINER, or the director of the hospital, or [his]
 THE DIRECTOR'S designee, an ambulance service, as defined by subdivision
 two of section three thousand one of the public health law,  is  author-
 ized to take into custody and transport any such person. Such person may
 S. 9954                            13
 
 then  be  admitted  in accordance with the provisions of section 9.39 of
 this article.
   §  15.  Subdivisions  (b),  (c)  and (d) of section 9.58 of the mental
 hygiene law, as added by chapter 678 of the laws of 1994, and  paragraph
 2  of subdivision (d) as amended by chapter 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]
 SUCH PHYSICIAN shall direct peace  officers,  when  acting  pursuant  to
 their  special duties, or police officers, who are members of an author-
 ized 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 thousand one of the public health law,  is  author-
 ized  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 admitted 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
 worker  or  a  licensed  master social worker under the supervision of a
 physician, psychologist or licensed clinical social worker.]
   § 16. 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] THEIR  designee
 has  made  appropriate attempts but has not been successful in eliciting
 the cooperation of the subject of the petition to submit to an  examina-
 tion,  such  physician  OR  QUALIFIED  CLINICAL  EXAMINER  has reason to
 S. 9954                            14
 
 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 hearing 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
 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.
   §  17.  Subdivision  (h) of section 9.60 of the mental hygiene law, as
 amended by chapter 158 of the laws of 2005, paragraph 2  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:
   (h) Hearing. (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 potential need to provide assisted outpatient treatment expeditious-
 ly. The court shall cause the subject of the petition, any other  person
 receiving  notice pursuant to subdivision (f) of this section, the peti-
 tioner, the physician OR QUALIFIED CLINICAL EXAMINER  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 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
 S. 9954                            15
 
 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]  THEM  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 the subject of the  petition  may  be  performed  by  the
 physician  OR QUALIFIED 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 exam-
 ining physician] OR QUALIFIED CLINICAL EXAMINER, SUCH PHYSICIAN OR QUAL-
 IFIED  CLINICAL  EXAMINER  may  consult  with the physician OR QUALIFIED
 CLINICAL EXAMINER whose affirmation or affidavit accompanied  the  peti-
 tion  as  to  whether the subject meets the criteria for assisted outpa-
 tient 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].
   (5)  The  subject  of the petition shall be afforded an opportunity to
 present evidence, to call  witnesses  on  [his  or  her]  THE  SUBJECT'S
 behalf, and to cross-examine adverse witnesses.
   §  18.  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] SUCH
 OUTPATIENT refuses to take, or fails a blood test, urinalysis, or  alco-
 hol or drug test as required by the court order, such physician OR QUAL-
 IFIED CLINICAL EXAMINER may consider such refusal or failure when deter-
 mining  whether  the assisted outpatient is in need of an examination to
 determine whether [he or she] SUCH OUTPATIENT has a mental  illness  for
 S. 9954                            16
 
 which  hospitalization  is necessary. Upon the request of such 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, 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]  SUCH  OUTPATIENT  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
 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] SUCH DIRECTOR'S county to an  appropriate  hospital,
 in  accordance  with  the  provisions  of this subdivision, based upon a
 determination of the appropriate director of community services  direct-
 ing  the  removal  of such assisted outpatient pursuant to this subdivi-
 sion. 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] SUCH OUTPATIENT must be
 released. Failure to comply with an order of assisted outpatient  treat-
 ment  shall not be grounds for involuntary civil commitment or a finding
 of contempt of court.
   § 19. 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.
   § 20.  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
 S. 9954                            17
 
 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] SUCH PERSON
 must be released, either conditionally or unconditionally.
   § 21. 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
 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
 S. 9954                            18
 
 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.
   §  22.  Subdivision (b) of section 41.09 of the mental hygiene law, as
 amended by chapter 588 of the laws of 1973, and as renumbered 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.
   § 23. This act shall take effect immediately; provided, however, that:
   a.  the  amendments  to  subdivision (a) of section 9.37 of the mental
 hygiene law made by section eight of this act shall be  subject  to  the
 expiration  and  reversion of such subdivision pursuant to section 21 of
 chapter 723 of the laws of 1989, when upon such date the  provisions  of
 section seven-a shall take effect;
   b.  the  amendments  to section 9.40 of the mental hygiene law made by
 section ten of this act shall not affect the repeal of such section  and
 shall be deemed repealed therewith;
   c. the amendments to paragraph 3 of subdivision (b) of section 9.47 of
 the  mental  hygiene  law  made  by section eleven of this act shall not
 affect the repeal of such subdivision and shall be deemed repealed ther-
 ewith;
   d. the amendments to sections 9.55 and 9.57 of the mental hygiene  law
 made by sections twelve and fourteen of this act shall be subject to the
 expiration and reversion of such section pursuant to section 21 of chap-
 ter  723  of  the  laws  of  1989,  as  amended, when upon such date the
 provisions of sections twelve-a and fourteen-a of this  act  shall  take
 effect;
   e.  the  amendments  to section 9.60 of the mental hygiene law made by
 sections sixteen, seventeen and eighteen of this act  shall  not  affect
 the repeal of such section and shall be deemed repealed therewith; and
   f.  the  amendments to paragraph 1 of subdivision (e) of section 29.15
 of the mental hygiene law made by section twenty of this act  shall  not
 affect  the expiration of such section pursuant to section 18 of chapter
 408 of the laws of 1999, as amended  and  shall  expire  and  be  deemed
 repealed therewith.