NY State Senate Bill 2025-S1080

Senate Bill S1080

2025-2026 Legislative Session

Relates to hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness

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Current Bill Status - In Senate Committee Mental Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to mental health

2025-S1080 (ACTIVE) - Details

See Assembly Version of this Bill:: A137
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd Ment Hyg L, generally
Versions Introduced in 2023-2024 Legislative Session:: A7827

2025-S1080 (ACTIVE) - Summary

Relates to hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness.

2025-S1080 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1080

SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to hospitalization,
care coordination, and assisted outpatient treatment for persons with
mental illness

 
PURPOSE:

This bill will provide an alternative means for mental health inter-
vention by providing for court ordered in patient medical treatment, as
well as assisted outpatient treatment for persons with mental illness.

 
SUMMARY OF PROVISIONS:

Sections one and two of the bills set out legislative findings and
provide for the new law to be known as the Supportive Interventions Act.
Sections 3 through 35 would make the following amendments and additions
to the Mental Hygiene Law (MHY):

 
STANDARDS FOR INVOLUNTARY MENTAL HEALTH INTERVENTIONS

Bill § 3 would revise definitions in MHY § 9.01 to:

* *clarify that a substantial risk of harm to a person may be manifested
by the person's substantial inability to meet their own basic needs for
food, clothing, shelter, or medical care.

* *authorize involuntary intervention in circumstances where a person
with mental illness is at substantial risk of psychiatric harm.

* *Improve readability of existing language and make the defined terms
consistent with their usage in MHY Article 9.

Bill § 11 would delete the definition of "likelihood to result in seri-
ous harm" in MHY § 9.39, as the revised definition in § 9.01 would apply
to all of MHY Article 9.

Pursuant to a new MHY § 9.04 added by bill § 4, a clinical determination
of whether a person's mental illness is "likely to result in serious
harm to self or others" would be required to consider all relevant
information presented to the evaluating facility's staff, including
credible reports of the person's recent behavior and any known informa-
tion related to the person's medical and behavioral history; the
person's current ability, with. available support, to adhere to outpa-
tient treatment; and the expected long-term impact on the person's
health or safety of actions or self-neglect caused by mental illness.

 
QUALIFIED CLINICAL EXAMINERS

Bill § 3 would revise MHY § 9.01 to add a definition of "qualified clin-
ical examiner," which would include licensed psychologists, psychiatric
nurse practitioners and clinical social workers.

The bill would amend the MHY to give qualified clinical examiners the
same authority that physicians now have to:

* *examine a person and certify them for involuntary admission to a
hospital. MHY § 9.27 (a) and (d), as amended by bill § 6; § 9.37, as
amended by bill § 10; § 9.55, as amended by bill § 17; § 9.57, as
amended by bill § 19.

* *authorize an ambulance service to transport such a person. MHY §
9.27(i), as amended by bill § 6; § 9.55, as amended by bill § 17; §
9.60(n), as amended by bill § 28.

* *examine a person brought to the hospital pursuant to the certif-
ications described above and to inform the hospital director's determi-
nation about involuntary admission; however, like a physician, a quali-
fied clinical examiner could not do this examination under MHY § 9.27 if
they were one of the professionals who had completed the earlier certif-
ications. MHY § 9.27(e), as amended by bill § 6; § 9.39 as amended by
bill § 11.

* *be designated by a Director of Community Services (DCS), or such
director's designee, to apply to a hospital for a person's involuntary
admission to a hospital. MHY § 9.37(a), as amended by bill § 10.

* *examine a person brought to a comprehensive psychiatric emergency
program (CPEP) to determine whether the person may have a mental illness
for which immediate observation, care and treatment in a CPEP is appro-
priate; and perform the examination required to confirm the findings of
another physician or qualified clinical examiner regarding the need for
admission. MHY § 9.40, as amended by bill § 12.

* *support a petition for assisted outpatient treatment (AOT) brought
under MHY § 9.60(e)(1) by recommending the subject for AOT, based on an
examination conducted no more than 10 days before submission of the
petition, or if appropriate attempts to conduct an examination have been
unsuccessful, based on reason to suspect that the subject meets the
criteria for AOT. MHY § 9.60(e), as amended by bill § 23.

* *Request that a DCS remove a person who has not complied with an AOT
order to a hospital for an examination to determine whether hospitaliza-
tion is necessary. MHY § 9.60(n), as amended by bill § 28.

* *determine that a person who is subject to conditional release from a
hospital has a mental illness and may be in need of involuntary care and
treatment in a hospital pursuant to MHY Article 9. MHY § 29.15(e)(1), as
amended by bill § 31.

* *be designated by a DCS who is not qualified to conduct examinations
under the MHY to conduct examinations on such director's behalf. MHY §
41.09(b), as amended by bill § 34.

Pursuant to amendments to MHY § 9.05 that would be made by bill § 5,
qualified clinical examiners would be disqualified from acting in a case
under the same circumstances as now apply to examining physicians.

Bill §§ 6 through 9 and § 11 would amend MHY §§ 9.27(a), 9.29(a),
9.31(a), 9.33(a), and 9.39(b) to change the term "medical certification"
to "clinical certification," recognizing the authority of qualified
clinical examiners described above.

 
QUALIFIED MENTAL HEALTH PROFESSIONALS
Bill §§ 3 and 20 would move the definition of "qualified mental health
professional" currently in MHY § 9.58 to § 9.01, and expand it to
include qualified clinical examiners; registered nurses; and licensed
master social workers, mental health counselors, and marriage and family
therapists, when such professionals are working under the supervision of
a physician or qualified clinical examiner.

Under MHY § 9.27(d), as amended by bill § 6, a physician or qualified
clinical examiner evaluating a person for involuntary admission would be
required, insofar as reasonable, to consult with a qualified mental
health professional who has furnished prior treatment.

Under a new MHY § 9.56 that would be added by bill § 18, directors of
adult care facilities would be authorized to direct the removal of a
resident to a hospital or crisis stabilization center for evaluation, if
such removal is requested by a physician or qualified mental health
professional who serves on the staff of the facility, has completed
training described in § 9.56, and finds that the resident appears to be
mentally ill and is acting in a manner likely to result in serious harm
to self or others.

 
NOTIFICATIONS AND REPORTS TO DIRECTORS OF COMMUNITY SERVICES (DCS)

Bill § 13 would amend MHY § 9.41 to clarify that when peace officers or
police officers temporarily detain a person pending further examination
or admission to a hospital or CPEP, they may satisfy the obligation to
notify the DCS by notifying the DCS's designee.

Bill § 14 would amend MHY § 9.45 by adding domestic partners and cohabi-
tants of a person's home to those who may report to the DCS or the DCS's
designee that a person has a mental illness for which immediate care and
treatment is appropriate and that is likely to result in serious harm to
self or others, authorizing the DCS or designee to direct the person's
removal to a hospital.

Bill § 15 would amend MHY § 9.46(b) to maintain the scope of mental
health professionals' duty under such statute to report concerns about a
patient's risk of serious harm to the DCS or the DCS's designee. Under
the amendment, and consistent with current law, a report would only be
required when the mental health professional determines that a person is
likely to engage in conduct that would result in serious physical harm
to self or others. (The amendment is necessitated by the integration of
"psychiatric harm" into MHY § 9.01's definition of "likely to result in
serious harm to self or others" pursuant to amendments in bill § 3.
Under bill § 15, a mental health professional's perceived risk of
psychiatric harm would not trigger a reporting duty under MHY § 9.46.)

 
RESIDENTS OF ADULT CARE FACILITIES

Bill § 18 would add a new MHY § 9.56 permitting physicians and qualified
mental health professionals employed at an adult care facility to
request the facility's director to direct the removal of any resident
who appears to be mentally ill and is acting in a manner that is likely
to result in serious harm to self or others. The bill would empower the
facility's director to require peace officers or police officers to
transport the resident to a hospital and require the Commissioner of the
Office of Mental Health to develop standards relating to training for
physicians and mental health professionals on their authority under this
new section. Persons removed to a hospital pursuant to § 9.56 would
maintain their status as residents of the adult care facility until
admitted to the hospital, or for 24 hours following release upon a
determination of a physician or qualified clinical examiner not to admit
them.

 
ASSISTED OUTPATIENT TREATMENT (AOT)

Bill § 21 would amend MHY § 9.60(c)(4)(iii) to streamline the criteria
by which a court assesses an increase in symptoms of mental illness in a
person previously subject to AOT, and to remove the role of the DCS in
determining whether such person is in need of an additional period of
AOT.

Bill § 22 would amend MHY § 9.60(e)(1)(vi) to broaden the range of indi-
viduals who may initiate a petition for AOT to include a domestic part-
ner of the subject of the petition and a qualified mental health profes-
sional as defined in MHY § 9.01 who is treating the subject of the
petition for a mental illness.

Bill § 23 would amend MHY §§ 9.60(e)(3) and 9.60(e)(4) to permit quali-
fied clinical examiners to submit affirmations or affidavits in support
of petitions for AOT.

Bill § 24 would amend MHY § 9.60(h) to permit qualified clinical examin-
ers to perform evaluations of individuals who are the subject of
petitions for AOT.

Bill § 25 would amend MHY § 9.60(i) to empower psychiatric nurse practi-
tioners to develop written treatment plans for AOT and to permit physi-
cians and psychiatric nurse practitioners to testify by video in court
proceedings upon consent of the subject of the petition or upon a find-
ing of good cause.

Bill § 26 would amend MHY § 9.60(j)(2) to provide that a court shall
order AOT for an initial period of one year, unless a shorter period is
warranted by a showing of good cause or the request of the petitioner.
(Current law provides for an initial AOT period "not to exceed" one
year.)

Bill § 27 would make a technical amendment to MHY § 9.60(k) in accord-
ance with bill § 25's grant of authority to psychiatric nurse practi-
tioners to develop AOT written treatment plans.

Bill § 28 would amend MHY § 9.60(n) to include qualified clinical exam-
iners in the management of patients who fail to comply with AOT.

Bill § 29 would amend MHY § 9.60(s) to streamline the process for a DCS
to obtain treatment history information in furtherance of an investi-
gation under MHY § 9.47 of a person's eligibility for AOT, and to
require that the DCS provide or make a good faith attempt to provide the
person who is the subject of such investigation with advance notice of
the DCS's intent to seek such disclosure and an opportunity to challenge
such disclosure in court.

Bill § 33 would add a new subdivision (f-1) to MHY § 29.15 to require
providers of psychiatric inpatient services to assess all patients for
AOT eligibility before discharge, and to maintain records as to the
findings of each such assessment and the actions taken upon such find-
ings.

 
COMMUNICATION AND COORDINATION AMONG PROVIDERS

Bill § 30 would add a new § 9.64 requiring the director of a hospital or
CPEP to provide notice to any community mental health provider that an
individual who is maintained on the provider's caseload has been admit-
ted as a patient.

Bill § 32 would amend MHY § 29.15(f) to require a provider of psychiat-
ric inpatient services, prior to discharging or conditionally releasing
a patient, to interview a representative of a community provider of
mental health services that maintains the patient on its caseload and
provide such representative an opportunity to participate in the devel-
opment of a written service plan for such patient. It would also amend
MHY § 29.15(m) to require a provider of psychiatric inpatient services
to notify any community provider of mental health services that main-
tains the patient on its caseload, and any adult care facility where the
patient resided at the time of admission, of the patient's discharge or
conditional release.

 
TRAINING

Bill § 35 would require the Office of Mental Health to conduct training
on the changes included in this bill and their implications for practi-
tioners.

 
EFFECTIVE DATE
Bill § 36 would provide that this act would take effect 90 days after it
becomes law. It would authorize the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act to
be made and completed before the act's effective date. It also provides
for the amendments made by this legislation not to affect the repeal or
sunset of various provisions of the MHY.
 
JUSTIFICATION:
In clarifying that a substantial risk of harm to a person may be mani-
fested by their substantial inability to meet their basic human needs of
food, clothing, shelter or medical care, this bill effectively codifies
the holding of the Appellate Division in  
BOGGS VS. NEW YORK CITY HEALTH
& HOSPITALS CORPORATION, 132 A.D.2d 340, 342 (1st Dep't 1987).
Despite the Boggs holding that " 
A person may be involuntarily confined
for care and treatment, where his or her mental illness manifests itself
in neglect or refusal to care for themselves," New Yorkers in crisis are
frequently denied hospital care by a pervasive misunderstanding that the
law requires conduct that is violent, suicidal, or places the individual
at imminent risk. New York is one of only three states lacking explicit
statutory recognition for inability to meet basic needs as a form of
danger-to-self.
Additionally, this legislation aligns New York's laws with those of
dozens of other states by recognizing a substantial risk of psychiatric
harm-not just "physical" harm-as a basis for civil commitment. A growing
body of research indicates that the longer a person remains in a state
of untreated psychosis, the lower their prospects for eventual mental
health recovery. By expressly authorizing involuntary care to prevent
such psychiatric deterioration, this bill affirms the important princi-
ple that the potential for harm to a person's brain matters just as much
as the potential for harm to other parts of the body.
To help ensure that psychiatric inpatients receive appropriate lengths
of stay to adequately prepare them for successful return to the communi-
ty, this legislation also clarifies the range of evidence that should be
considered when a facility determines whether to admit or retain a
person for psychiatric treatment. Too often, hospital evaluations of a
person's condition are based solely on how the person presents in the
moment and ignore the broader context of the person's mental health
history and behavior.
Mental health facilities and programs in New York face significant chal-
lenges due to a limited workforce. This legislation eliminates needless
limitations on professional practice by expanding the types of clini-
cians who can perform evaluations for hospital admission.  Physicians
are not uniquely qualified to diagnose mental illness and assess likeli-
hood of serious harm. This bill would allow clinicians such as psychol-
ogists, psychiatric nurse practitioners, and licensed clinical social
workers to perform this function, thereby allowing physicians more time
to provide medical care to patients. This is consistent with the scope
of evaluation authority in numerous other states.
In addition, New York needs more mobile crisis outreach teams (MCOTs)
who can identify individuals in the community with acute mental health
needs, engage them in voluntary treatment when possible, and direct
their removal to a hospital for evaluation when necessary. The challenge
of meeting this demand would be greatly reduced if MCOTs could be assem-
bled from a wider pool of mental health professionals than current law
allows. By expanding MCOT eligibility to licensed mental health counse-
lors and licensed marriage and family therapists, this legislation will
expand access to this vital service.
Mental health professionals working in homeless shelters and other
adult-care facilities frequently encounter clients in psychiatric crises
in need of transport to a hospital for evaluation. Under current law,
shelter staff lack authority to direct removals, leaving them dependent
upon police to exercise their own removal authority.  Often, the opinion
of the police officer who arrives on the scene does not align with the
training-informed judgment of the shelter staff clinician who requested
the assistance, leaving the shelter unable to effectuate the removal.
This legislation empowers adult care facility directors to direct the
transport of a resident for evaluation, upon the finding of need by a
clinician on the facility's staff who has completed a certification
process identical to that currently required for clinicians who serve on
mobile crisis outreach teams.
This legislation also addresses critical gaps in communication between
inpatient and outpatient providers when vulnerable individuals enter and
exit hospital care. Community providers such as Assertive Community
Treatment (ACT) and Intensive Mobile Treatment (IMT) teams that serve
clients with severe mental illness face an immense challenge in keeping
track of their clients' whereabouts and conditions, especially for those
who are homeless. It is even harder to keep track when a client experi-
ences a crisis and is hospitalized.  Current law imposes no duty on
hospitals to inform outpatient providers when their clients are admitted
or discharged, nor to involve the patient's community-based providers in
discharge planning. To enhance coordination of care, this legislation
requires hospitals to make reasonable efforts to identify their psychi-
atric patients' community providers, inform providers of admission deci-
sions and discharges, and consult providers in the development of
discharge plans.
The remaining provisions of this legislation seek to improve "assisted
outpatient treatment" (AOT), the program established by "Kendra's Law"
in 1999 to provide outpatient care under court order to patients who
have historically struggled to maintain mental health treatment engage-
ment.
When utilized, AOT has been remarkably successful in helping vulnerable
individuals remain in the community and avoid repeat hospitalization and
arrest. However, there has been wide variation among New York hospitals
in the frequency of AOT referrals for their psychiatric inpatients. This
raises concern that a significant number of AOT-eligible patients are
missing opportunities to benefit from the program upon discharge. To
help Kendra's Law reach its full potential to save and transform lives,
this legislation makes AOT-eligibility screening of psychiatric inpa-
tients standardized discharge planning practice for hospitals.
In  
IN RE MIGUEL M., 17 N.Y.3d 37 (2011), the New York Court of Appeals
ruled that when a local AOT program investigates whether a person has
the requisite history of treatment non-adherence to qualify for AOT,
federal health privacy law requires the program to obtain the person's
consent to access their treatment records. This means that a person who
does not want to participate in AOT can simply withhold consent to
release their records and halt the investigation. This defeats the
legislative intent of Kendra's Law. While it is preferable and common
for individuals to enter the AOT program willingly, Kendra's Law was
designed as an involuntary intervention precisely because individuals
who stand to benefit from it are sometimes unable to recognize their
need to adhere to treatment. To restore the program's ability to reach
such individuals, this legislation establishes a legal process, fully
consistent with the Miguel M, decision, to allow AOT programs to obtain
health records without consent for the purpose of an AOT investigation
and/or development of a treatment plan.
 
LEGISLATIVE HISTORY:
A.7827: Referred to Committee on Mental Health
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act would take effect 90 days after it becomes law.

2025-S1080 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1080
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed 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.  Short title.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00502-01-5
 S. 1080                             2
 
 statutory  guidance has led to tragically narrow interpretations of this
 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 SUCH PERSON'S BASIC NEED FOR  FOOD,
 CLOTHING,  SHELTER OR MEDICAL CARE; or (III) other conduct demonstrating
 that the person is dangerous to [himself or herself]  SELF,  or  (b)  [a
 substantial  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
 S. 1080                             3
 
 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] SUCH PERSON is a relative of the person  applying  for  the
 admission or of the person alleged to be mentally ill.
   2.  if  [he]  SUCH  PERSON is a manager, trustee, visitor, proprietor,
 officer, 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] SUCH  PERSON  has  any
 pecuniary  interest,  directly or indirectly, in such hospital, provided
 that receipt of fees, privileges, or compensation for treating or  exam-
 ining  patients  in  such hospital shall not be deemed to be a pecuniary
 interest.
 S. 1080                             4
 
   3. if [he] SUCH PERSON 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] SUCH PERSON needs involuntary care  and  treatment  in  a
 hospital,  and  such  other information as the commissioner may by regu-
 lation 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] SUCH EXAMINING  PHYSICIAN  OR  QUALIFIED
 CLINICAL  EXAMINER  is  examining for involuntary care and treatment has
 been under prior treatment, [he] SUCH EXAMINING PHYSICIAN  OR  QUALIFIED
 CLINICAL  EXAMINER shall, insofar as [possible] REASONABLE, consult with
 the physician or [psychologist]  QUALIFIED  MENTAL  HEALTH  PROFESSIONAL
 furnishing  such  prior  treatment prior to completing [his] THE certif-
 icate. Nothing in this section shall prohibit or invalidate any involun-
 tary 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] SUCH PERSON 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] SUCH PERSON
 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 officers[,] who are members of an authorized police department
 or force or of a sheriff's department, to take into custody  and  trans-
 port such person to a hospital for determination by the director whether
 S. 1080                             5
 
 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.
   § 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
 S. 1080                             6
 
 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.
   § 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] SUCH 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]  SUCH  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]  SUCH 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  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-
 S. 1080                             7
 
 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-
 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] SUCH PHYSICIAN or [she] QUALIFIED CLINICAL EXAM-
 INER determines that the patient has a mental illness for which  immedi-
 ate  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  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 physician OR QUALIFIED CLIN-
 ICAL EXAMINER prior to making an application pursuant to  this  subdivi-
 sion.
   (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-
 S. 1080                             8
 
 ment in a hospital is appropriate and [which] THAT is likely  to  result
 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.
 S. 1080                             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] SUCH PERSON'S 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 arti-
 cle.  Written  requests  for  court hearings on the question of need for
 immediate observation, care and treatment shall be made, and court hear-
 S. 1080                            10
 
 ings shall be scheduled and held, in the  manner  provided  pursuant  to
 subdivision  (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 substi-
 tuted 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] SUCH PEACE
 OFFICER'S 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 likely to result in serious harm to [the person] SELF or others.
 Such  officer  may  direct  the removal of such person or remove [him or
 her] SUCH PERSON to any hospital specified in subdivision (a) of section
 9.39 of this article, or any comprehensive psychiatric emergency program
 specified in subdivision (a) of section 9.40 of this article, or pending
 [his or her] SUCH PERSON'S examination 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]
 SUCH DIRECTOR'S or [her] DESIGNEE'S 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], DOMESTIC 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  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 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 hospi-
 S. 1080                            11
 
 tal 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.
   §  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] SUCH QUALIFIED PSYCHIATRIST or [she] QUALIFIED CLIN-
 ICAL  EXAMINER is 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  commis-
 sioner pursuant to subdivision (a) of section 9.39 of this article or to
 a  comprehensive  psychiatric  emergency program, if [he] SUCH QUALIFIED
 PSYCHIATRIST or [she] QUALIFIED CLINICAL EXAMINER determines upon  exam-
 ination 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 offi-
 cers[,] 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 CLIN-
 ICAL 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  hospi-
 tal in accordance with the provisions of section 9.39 of this article or
 S. 1080                            12
 
 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)  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 SUCH PERSON'S 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:
 S. 1080                            13
 
   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 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] SUCH TEAM
 PHYSICIAN or [she] QUALIFIED MENTAL  HEALTH  PROFESSIONAL  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 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 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.
 S. 1080                            14
 
   (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.]
   §  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 SUCH PERSON'S  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, are 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] SUCH PHYSICIAN'S or
 [her]  QUALIFIED  CLINICAL  EXAMINER'S  designee  has  made  appropriate
 attempts but has not been successful in eliciting the cooperation of the
 subject  of  the petition to submit to an examination, such physician OR
 S. 1080                            15
 
 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 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.
   § 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
 S. 1080                            16
 
 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] THE SUBJECT OF THE PETITION 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 affirma-
 tion or affidavit accompanied the petition pursuant to  paragraph  three
 of subdivision (e) of this section, if such physician OR QUALIFIED CLIN-
 ICAL  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] SUCH SERVICE  PROVIDERS'  inclu-
 sion  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 medication most likely to provide maxi-
 mum 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 physician's OR PSYCHIATRIC NURSE PRACTI-
 TIONER'S  clinical  basis for recommending such plan provides sufficient
 facts for the court to find (i) that such person has a history of  alco-
 S. 1080                            17
 
 hol or substance abuse that is clinically related to the mental illness;
 and  (ii) that such testing is necessary to prevent a relapse or deteri-
 oration [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.
   (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
 S. 1080                            18
 
 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:
   (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]  SUCH PETITIONER'S 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 expira-
 tion 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  paragraph  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 PSYCHIATRIC NURSE PRACTITIONER who devel-
 oped 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] SUCH
 ASSISTED OUTPATIENT 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 EXAMINER may consider such refusal or failure when
 determining whether the assisted outpatient is in need of an examination
 to determine whether [he or she] SUCH ASSISTED OUTPATIENT has  a  mental
 illness for which hospitalization is necessary. Upon the request of such
 physician  OR QUALIFIED CLINICAL EXAMINER, the appropriate director, the
 S. 1080                            19
 
 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 ASSISTED OUTPATIENT to the hospital operat-
 ing the assisted outpatient treatment program or to any hospital author-
 ized by the director 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 appropri-
 ate 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  authorized  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  present  in [his or her] SUCH ASSISTED OUTPATIENT'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  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 arti-
 cle,  and  does  not  agree  to  stay  in the hospital as a voluntary or
 informal patient, [he or she] SUCH PERSON 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]
 SUCH DIRECTOR'S designee may require a provider of [inpatient  psychiat-
 ric]  services  operated  or  licensed by the office of mental health to
 provide [contemporaneous] information,  including  but  not  limited  to
 relevant  clinical  records, documents, and other information concerning
 [the person receiving  assisted  outpatient  treatment  pursuant  to  an
 active  assisted  outpatient 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  director or designee [who is required to coordinate
 and monitor the care of any individual who  was  subject  to  an  active
 assisted  outpatient  treatment order to appropriately] IN THE discharge
 S. 1080                            20
 
 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 inpatient psychiatric services] is [required] PERMIT-
 TED to disclose such information pursuant to paragraph twelve of  subdi-
 vision  (c)  of  section 33.13 of this chapter and such disclosure is in
 accordance with PARAGRAPH TWO OF THIS SUBDIVISION AND all other applica-
 ble state and federal confidentiality  laws.  None  of  the  records  or
 information obtained by the director of community services OR THE DIREC-
 TOR'S DESIGNEE pursuant to this subdivision shall be public records, and
 the records shall not be released by the director to any person or agen-
 cy, 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
 S. 1080                            21
 
 hospital  as  a  voluntary  or informal patient, [he or she] SUCH PERSON
 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
 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
 S. 1080                            22
 
 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.
   § 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,
 S. 1080                            23

 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.
   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.

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