S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2664
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2025
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Use Disorders
 
 AN  ACT to amend the mental hygiene law, in relation to emergency inter-
   vention for persons impaired by substances

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  22.09  of  the mental hygiene law, as amended by
 section 1 of part D of chapter 69 of the laws of 2016,  paragraph  5  of
 subdivision  (a) as amended by section 9 of part AA of chapter 57 of the
 laws of 2021, is amended to read as follows:
 § 22.09 Emergency services for persons intoxicated, impaired,  or  inca-
            pacitated by alcohol [and/or substances].
   (a) As used in this article:
   1.  "Intoxicated  or  impaired  person" means a person whose mental or
 physical functioning is substantially impaired as a result of the  pres-
 ence of alcohol [and/or substances] in [his or her] THEIR body.
   2.  "Incapacitated"  means  that  a  person, as a result of the use of
 alcohol [and/or substances], is unconscious or has [his  or  her]  THEIR
 judgment otherwise so impaired that [he or she is] THEY ARE incapable of
 realizing  and  making  a rational decision with respect to [his or her]
 THEIR need for treatment.
   3. "Likelihood to result in harm" or "likely to result in harm"  means
 (i)  a  substantial risk of physical harm to the person as manifested by
 threats of or attempts at  suicide  or  serious  bodily  harm  or  other
 conduct  demonstrating  that  the  person  is  dangerous  to [himself or
 herself] THEMSELF, or (ii) a substantial risk of physical harm to  other
 persons  as  manifested  by homicidal or other violent behavior by which
 others are placed in reasonable fear of serious physical harm.
   4. "Emergency services" means immediate physical examination,  assess-
 ment,  care  and treatment of an incapacitated person for the purpose of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06846-01-5
              

 S. 2664                             2
 
 confirming that the person is, and continues  to  be,  incapacitated  by
 alcohol  [and/or substances] to the degree that there is a likelihood to
 result in harm to the person or others.
   5. "Treatment facility" means a facility designated by the commission-
 er which may only include a general hospital as defined in article twen-
 ty-eight  of  the public health law, or a medically managed or medically
 supervised withdrawal, inpatient rehabilitation, or residential stabili-
 zation treatment program that has been certified by the commissioner  to
 have appropriate medical staff available on-site at all times to provide
 emergency  services  and continued evaluation of capacity of individuals
 retained under this section or a crisis  stabilization  center  licensed
 pursuant to [article] SECTION 36.01 of this chapter.
   (b)  1.  An  intoxicated  or  impaired person may come voluntarily for
 emergency services to a chemical dependence program or treatment facili-
 ty authorized by the commissioner to provide such emergency services.  A
 person who appears to be intoxicated or impaired and who consents to the
 proffered  help  may be assisted by any peace officer acting pursuant to
 [his or her] THEIR special duties, police officer, or by a  designee  of
 the director of community services to return to [his or her] THEIR home,
 to  a chemical dependence program or treatment facility, or to any other
 facility authorized  by  the  commissioner  to  provide  such  emergency
 services.  In such cases, the peace officer, police officer, or designee
 of the director of community services shall accompany the intoxicated or
 impaired person in a manner which is reasonably designed to assure  [his
 or her] THEIR safety, as set forth in regulations promulgated in accord-
 ance with subdivision (d) of this section.
   2.  A  person  who  appears  to  be  incapacitated  by alcohol [and/or
 substances] to the degree that there is a likelihood to result  in  harm
 to the person or to others may be taken by a peace officer acting pursu-
 ant  to  [his or her] THEIR special duties, or a police officer who is a
 member of the state police or of  an  authorized  police  department  or
 force  or  of  a  sheriff's  department  or by the director of community
 services or a person duly designated by [him or her] THEM to a treatment
 facility for purposes of receiving emergency services. Every  reasonable
 effort  shall  be  made to protect the health and safety of such person,
 including but not limited to the requirement  that  the  peace  officer,
 police  officer, or director of community services or [his or her] THEIR
 designee shall accompany the apparently incapacitated person in a manner
 which is reasonably designed to assure [his or her] THEIR safety, as set
 forth in regulations promulgated in accordance with subdivision  (d)  of
 this section.
   3.  A  person who comes voluntarily or is brought without [his or her]
 THEIR objection to any such facility or program in accordance with  this
 subdivision shall be given emergency care and treatment at such place if
 found  suitable therefor by authorized personnel, or referred to another
 suitable facility or treatment program for care and treatment,  or  sent
 to [his or her] THEIR home.
   4.  The  director  of a treatment facility may receive as a patient in
 need of emergency services any person who appears to be incapacitated as
 defined in this section.
   5. A person who comes voluntarily or is  brought  with  [his  or  her]
 THEIR  objection  to  a  treatment facility shall be examined as soon as
 possible but not more than twelve hours after arriving at such treatment
 facility by an examining physician. If such examining  physician  deter-
 mines  that  such person is incapacitated by alcohol [and/or substances]
 to the degree that there is a likelihood to result in harm to the person
 S. 2664                             3
 
 or others, [he or she] SUCH PERSON may be retained to receive  emergency
 services  and  shall be regularly reevaluated to confirm continued inca-
 pacity by alcohol [and/or substances] to the  degree  that  there  is  a
 likelihood  to  result in harm to the person or others. If the examining
 physician determines at any time that such person is  not  incapacitated
 by  alcohol [and/or substances] to the degree that there is a likelihood
 to result in harm to the person or others, [he or she] SUCH PERSON  must
 be  released. Notwithstanding any other law, in no event may such person
 be retained against [his or her] THEIR objection beyond whichever is the
 shorter of the following: (i) the time that [he or she] SUCH  PERSON  is
 no  longer  incapacitated  by  alcohol [and/or substances] to the degree
 that there is a likelihood to result in harm to the person or others  or
 (ii) a period longer than seventy-two hours.
   6. Every reasonable effort must be made to obtain the person's consent
 to  give  prompt  notification  of a person's retention in a facility or
 program pursuant to this section to [his or her] THEIR closest  relative
 or  friend,  and,  if  requested  by  such person, to [his or her] THEIR
 attorney and personal physician, in accordance  with  federal  confiden-
 tiality regulations.
   7.  A  person  may  not  be retained pursuant to this section beyond a
 period of seventy-two hours without [his or her] THEIR consent.  Persons
 suitable  therefor  may be voluntarily admitted to a chemical dependence
 program or facility pursuant to this article.
   (c) Discharge procedures. 1. The  discharge  procedure  process  shall
 begin  as  soon as the patient is admitted to the treatment facility and
 shall be considered a  part  of  the  treatment  planning  process.  The
 discharge  plan shall be developed in collaboration with the patient and
 any significant other(s) the patient chooses to involve. If the  patient
 is  a  minor,  the discharge plan must also be developed in consultation
 with [his or her] SUCH PATIENT'S parent or guardian, unless the minor is
 being treated without parental consent as authorized by section 22.11 of
 this [chapter] ARTICLE.
   2. No patient shall be discharged without a discharge plan  which  has
 been  completed and reviewed by the multi-disciplinary team prior to the
 discharge of the patient. This review may be part of a regular treatment
 plan review. The portion of the discharge plan which includes the refer-
 rals for continuing care shall be given to the patient  upon  discharge.
 This  requirement shall not apply to patients who refuse continuing care
 planning, provided, however, that  the  treatment  facility  shall  make
 reasonable efforts to provide information about the dangers of long term
 substance use as well as information related to treatment including, but
 not  limited to, the OASAS HOPELINE and the OASAS Bed Availability Dash-
 board.
   3. The discharge plan shall be developed by the  responsible  clinical
 staff  member,  who, in the development of such plan, shall consider the
 patient's self-reported confidence in maintaining abstinence and follow-
 ing an individualized relapse prevention plan. The responsible  clinical
 staff member shall also consider an assessment of the patient's home and
 family  environment,  vocational/educational/employment  status, and the
 patient's relationships with significant  others.  The  purpose  of  the
 discharge  plan  shall  be to establish the level of clinical and social
 resources available to the patient upon  discharge  from  the  inpatient
 service  and  the  need  for  the services for significant others.   The
 discharge plan shall include, but not be limited to, the following:
   (i) identification of continuing chemical dependence services  includ-
 ing  management  of withdrawal or continuing stabilization and any other
 S. 2664                             4
 
 treatment, rehabilitation, self-help  and  vocational,  educational  and
 employment services the patient will need after discharge;
   (ii) identification of the type of residence, if any, that the patient
 will need after discharge;
   (iii)  identification  of specific providers of these needed services;
 and
   (iv) specific referrals and  initial  appointments  for  these  needed
 services.
   4.  A  discharge summary which includes the course and results of care
 and treatment must be prepared  and  included  in  each  patient's  case
 record within twenty days of discharge.
   (d) The commissioner shall promulgate all rules and regulations, after
 consulting with representatives of appropriate law enforcement and chem-
 ical  dependence  providers  of  services,  establishing  procedures for
 taking intoxicated or impaired persons and persons apparently  incapaci-
 tated by alcohol [and/or substances] to their residences or to appropri-
 ate public or private facilities for emergency services and for minimiz-
 ing  the  role  of  the  police  in  obtaining treatment of such persons
 necessary to implement the provisions of this section, including but not
 limited  to  establishing  procedures  for  transporting   incapacitated
 persons to a treatment facility for emergency services.
   §  2.  The mental hygiene law is amended by adding a new section 22.10
 to read as follows:
 § 22.10 EMERGENCY SERVICES FOR  PERSONS  IMPAIRED  OR  INCAPACITATED  BY
           SUBSTANCES.
   (A) DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "IMPAIRED PERSON" MEANS A PERSON WHOSE MENTAL OR PHYSICAL FUNCTION-
 ING  IS SUBSTANTIALLY IMPAIRED AS A RESULT OF THE PRESENCE OF SUBSTANCES
 IN THEIR BODY.
   2. "INCAPACITATED" MEANS THAT A PERSON, AS A  RESULT  OF  THE  USE  OF
 SUBSTANCES,  IS  UNCONSCIOUS OR HAS THEIR JUDGMENT OTHERWISE SO IMPAIRED
 THAT SUCH PERSON IS INCAPABLE OF REALIZING AND MAKING A  RATIONAL  DECI-
 SION WITH RESPECT TO HIS OR HER NEED FOR TREATMENT.
   3.  "LIKELIHOOD TO RESULT IN HARM" OR "LIKELY TO RESULT IN HARM" MEANS
 (I) A SUBSTANTIAL RISK OF PHYSICAL HARM TO THE PERSON AS  MANIFESTED  BY
 THREATS  OF  OR  ATTEMPTS  AT  SUICIDE  OR  SERIOUS BODILY HARM OR OTHER
 CONDUCT DEMONSTRATING THAT THE PERSON IS DANGEROUS TO THEMSELF, OR  (II)
 A  SUBSTANTIAL  RISK  OF PHYSICAL HARM TO OTHER PERSONS AS MANIFESTED BY
 HOMICIDAL OR OTHER VIOLENT  BEHAVIOR  BY  WHICH  OTHERS  ARE  PLACED  IN
 REASONABLE FEAR OF SERIOUS PHYSICAL HARM.
   4. "EMERGENCY SERVICES" MEANS IMMEDIATE VOLUNTARY OR INVOLUNTARY PHYS-
 ICAL  EXAMINATION,  ASSESSMENT, CARE AND TREATMENT OF AN IMPAIRED PERSON
 WHO HAS BECOME INCAPACITATED IN ORDER TO  ACHIEVE  STABILIZATION  AND/OR
 SUBSEQUENT ADMISSION TO EXTENDED VOLUNTARY OR INVOLUNTARY TREATMENT.
   5.  "TREATMENT  FACILITY" MEANS A HOSPITAL AS DEFINED IN ARTICLE TWEN-
 TY-EIGHT OF THE PUBLIC HEALTH LAW,  OR  A  CHEMICAL  DEPENDENCE  PROGRAM
 FACILITY CERTIFIED OR APPROVED BY THE COMMISSIONER.
   6. "SUBSTANCE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 THIRTY-NINE OF SECTION 1.03 OF THIS CHAPTER.
   (B)  VOLUNTARY  EMERGENCY  SERVICES.  1.   AN IMPAIRED PERSON MAY COME
 VOLUNTARILY FOR EMERGENCY SERVICES TO A CHEMICAL DEPENDENCE  PROGRAM  OR
 TREATMENT  FACILITY AUTHORIZED BY THE COMMISSIONER TO PROVIDE SUCH EMER-
 GENCY SERVICES. A PERSON WHO APPEARS TO BE IMPAIRED AND WHO CONSENTS  TO
 THE  PROFFERED HELP SHALL BE ASSISTED BY ANY PEACE OFFICER ACTING PURSU-
 ANT TO THEIR SPECIAL DUTIES, POLICE OFFICER, OR BY  A  DESIGNEE  OF  THE
 DIRECTOR  OF  COMMUNITY  SERVICES TO RETURN TO THEIR HOME, TO A CHEMICAL
 S. 2664                             5
 
 DEPENDENCE PROGRAM OR TREATMENT  FACILITY,  OR  TO  ANY  OTHER  FACILITY
 AUTHORIZED  BY  THE  COMMISSIONER TO PROVIDE EMERGENCY SERVICES. IN SUCH
 CASES, THE PEACE OFFICER, POLICE OFFICER, OR DESIGNEE OF THE DIRECTOR OF
 COMMUNITY SERVICES SHALL ACCOMPANY THE IMPAIRED PERSON IN A MANNER WHICH
 IS  REASONABLY  DESIGNED  TO  ASSURE THEIR SAFETY, AS SET FORTH IN REGU-
 LATIONS PROMULGATED IN ACCORDANCE WITH SUBDIVISION (F) OF THIS SECTION.
   2. CONSISTENT WITH SUBDIVISION (B) OF SECTION 22.07 OF THIS ARTICLE, A
 PERSON WHO APPEARS TO BE INCAPACITATED BY SUBSTANCES TO THE DEGREE  THAT
 THERE IS A LIKELIHOOD TO RESULT IN HARM TO THE PERSON OR TO OTHERS SHALL
 BE  TAKEN BY A PEACE OFFICER ACTING PURSUANT TO THEIR SPECIAL DUTIES, OR
 A POLICE OFFICER WHO IS A MEMBER OF THE STATE POLICE OR OF AN AUTHORIZED
 POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPARTMENT OR BY THE DIREC-
 TOR OF COMMUNITY SERVICES OR A PERSON DULY DESIGNATED BY THEM, OR PURSU-
 ANT TO PETITION TO THE DIRECTOR OF COMMUNITY SERVICES PURSUANT TO SUBDI-
 VISION (D) OF THIS SECTION, TO A  TREATMENT  FACILITY  FOR  PURPOSES  OF
 RECEIVING  EMERGENCY  SERVICES. EVERY REASONABLE EFFORT SHALL BE MADE TO
 PROTECT THE HEALTH AND SAFETY OF SUCH PERSON, INCLUDING BUT NOT  LIMITED
 TO  THE  REQUIREMENT THAT THE PEACE OFFICER, POLICE OFFICER, OR DIRECTOR
 OF COMMUNITY SERVICES OR THEIR DESIGNEE SHALL ACCOMPANY  THE  APPARENTLY
 INCAPACITATED  PERSON IN A MANNER WHICH IS REASONABLY DESIGNED TO ASSURE
 THEIR SAFETY, AS SET FORTH IN REGULATIONS PROMULGATED IN ACCORDANCE WITH
 SUBDIVISION (F) OF THIS SECTION.
   3. A  PERSON  WHO  COMES  VOLUNTARILY  OR  IS  BROUGHT  WITHOUT  THEIR
 OBJECTION  TO  ANY  SUCH TREATMENT FACILITY IN ACCORDANCE WITH PARAGRAPH
 TWO OF THIS SUBDIVISION SHALL BE PROVIDED  EMERGENCY  SERVICES  AT  SUCH
 PLACE  IF FOUND SUITABLE BY AUTHORIZED PERSONNEL, OR REFERRED TO ANOTHER
 SUITABLE FACILITY OR TREATMENT PROGRAM FOR EMERGENCY SERVICES,  OR  SENT
 TO THEIR HOME.
   4.  A  PERSON  WHO  IS  BROUGHT  WITH THEIR OBJECTION TO ANY TREATMENT
 FACILITY IN ACCORDANCE WITH PARAGRAPH TWO OF THIS SUBDIVISION  SHALL  BE
 EXAMINED  AS SOON AS POSSIBLE BY AN EXAMINING PHYSICIAN. IF SUCH EXAMIN-
 ING PHYSICIAN DETERMINES THAT SUCH PERSON IS INCAPACITATED BY SUBSTANCES
 TO THE DEGREE THAT THERE IS A LIKELIHOOD TO RESULT IN HARM TO THE PERSON
 OR OTHERS, SUCH PERSON  MAY  BE  RETAINED  FOR  EMERGENCY  TREATMENT  TO
 ACHIEVE  STABILIZATION.  IF THE EXAMINING PHYSICIAN DETERMINES THAT SUCH
 PERSON IS NOT INCAPACITATED BY SUBSTANCES TO THE DEGREE THAT THERE IS  A
 LIKELIHOOD  TO  RESULT  IN  HARM  TO  THE PERSON OR OTHERS, THEY MUST BE
 RELEASED. EXCEPT AS PROVIDED IN SUBDIVISION (C) OF THIS SECTION,  IN  NO
 EVENT  MAY SUCH PERSON BE RETAINED AGAINST THEIR OBJECTION BEYOND WHICH-
 EVER IS THE SHORTER OF THE FOLLOWING:
   (I) THE TIME THAT SUCH PERSON IS NO LONGER INCAPACITATED BY SUBSTANCES
 TO THE DEGREE THAT THERE IS A LIKELIHOOD TO RESULT IN HARM TO THE PERSON
 OR OTHERS OR;
   (II) A PERIOD LONGER THAN SEVENTY-TWO HOURS.
   5. EVERY REASONABLE EFFORT MUST BE MADE TO OBTAIN THE PERSON'S CONSENT
 TO GIVE PROMPT NOTIFICATION OF A PERSON'S RETENTION  IN  A  FACILITY  OR
 PROGRAM  PURSUANT  TO  THIS  SUBDIVISION  TO  THEIR  CLOSEST RELATIVE OR
 FRIEND, AND, IF REQUESTED BY SUCH PERSON, TO THEIR ATTORNEY AND PERSONAL
 PHYSICIAN, IN ACCORDANCE WITH FEDERAL CONFIDENTIALITY REGULATIONS.
   (C) INVOLUNTARY EMERGENCY SERVICES ON CERTIFICATE  OF  A  DIRECTOR  OF
 COMMUNITY  SERVICES OR DESIGNEE. 1. THE DIRECTOR OF A TREATMENT FACILITY
 DESIGNATED BY THE COMMISSIONER TO PROVIDE EMERGENCY SERVICES SHALL  UPON
 THE CERTIFICATE OF A LOCAL DIRECTOR OF COMMUNITY SERVICES OR A PHYSICIAN
 DULY  DESIGNATED BY THE DIRECTOR OF COMMUNITY SERVICES, RECEIVE AND CARE
 FOR IN SUCH FACILITY AS A PATIENT ANY PERSON WHO, IN THE OPINION OF  THE
 DIRECTOR  OF  COMMUNITY  SERVICES  OR  THEIR DESIGNEE SOUGHT BY PETITION
 S. 2664                             6
 
 PURSUANT TO SUBDIVISION (D) OF THIS SECTION, IS INCAPACITATED SUCH  THAT
 SUCH PERSON'S USE OR ABUSE OF CHEMICAL SUBSTANCES IS LIKELY TO RESULT IN
 HARM  TO THEMSELF OR OTHERS AND FOR WHOM IMMEDIATE INVOLUNTARY EMERGENCY
 SERVICES IS APPROPRIATE.
   2.  THE  NEED  FOR  IMMEDIATE  INVOLUNTARY EMERGENCY SERVICES SHALL BE
 CONFIRMED PRIOR TO ADMISSION BY A PHYSICIAN AFFILIATED WITH THE  FACILI-
 TY.  EXCLUDING  SUNDAYS  AND  HOLIDAYS, IF THE PHYSICIAN RECOMMENDS SUCH
 PATIENT BE RETAINED FOR EMERGENCY SERVICES BEYOND SEVENTY-TWO HOURS  AND
 THE  PATIENT  DOES  NOT  AGREE TO REMAIN IN SUCH FACILITY AS A VOLUNTARY
 PATIENT, THE CERTIFICATE OF SUCH PHYSICIAN ATTESTING THAT THE PATIENT IS
 IN NEED OF EXTENDED INVOLUNTARY EMERGENCY SERVICES SHALL BE  FILED  WITH
 THE  FACILITY.  FROM  THE  TIME  OF  SUCH PATIENT'S ADMISSION UNDER THIS
 SUBDIVISION THE RETENTION OF SUCH PATIENT FOR EMERGENCY SERVICES  BEYOND
 SEVENTY-TWO  HOURS  SHALL BE SUBJECT TO THE PROVISIONS FOR NOTICE, HEAR-
 ING, REVIEW, AND JUDICIAL APPROVAL 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
 FACILITY PURSUANT TO THIS SUBDIVISION.
   (D) PETITION TO LOCAL DIRECTOR OF COMMUNITY SERVICES FOR VOLUNTARY  OR
 INVOLUNTARY EMERGENCY SERVICES. 1. A PETITION FOR EMERGENCY SERVICES MAY
 BE  SOUGHT  FOR  AN  ADULT OR FOR A MINOR BY PETITION TO A LOCAL GOVERN-
 MENTAL UNIT'S DIRECTOR OF COMMUNITY SERVICES  IN  ACCORDANCE  WITH  THIS
 SUBDIVISION.  ANY ONE OF THE FOLLOWING PERSONS MAY PETITION THE DIRECTOR
 OF COMMUNITY SERVICES:
   (I) IN THE CASE OF AN ADULT, A PHYSICIAN, THE PERSON'S SPOUSE OR GUAR-
 DIAN, ANY RELATIVE OF THE PERSON, OR ANY OTHER ADULT  WHO  HAS  PERSONAL
 KNOWLEDGE OF A PERSON'S SUBSTANCE ABUSE IMPAIRMENT; OR
   (II)  IN  THE  CASE OF A MINOR, THE MINOR'S PARENT, LEGAL GUARDIAN, OR
 LEGAL CUSTODIAN.
   2. PETITION FOR ADMISSION OF A PATIENT TO  A  TREATMENT  FACILITY  FOR
 EMERGENCY  SERVICES  PURSUANT  TO  THIS  SECTION  SHALL  BE BASED UPON A
 PERSONAL EXAMINATION BY A DIRECTOR OF COMMUNITY SERVICES OR SUCH  DIREC-
 TOR'S  DESIGNEE.  IT  SHALL  BE  IN  WRITING AND SHALL BE FILED WITH THE
 DIRECTOR OF A FACILITY AT THE TIME OF THE PATIENT'S RECEPTION,  TOGETHER
 WITH  A  STATEMENT  IN A FORM PRESCRIBED BY THE COMMISSIONER GIVING SUCH
 INFORMATION AS SUCH COMMISSIONER MAY DEEM APPROPRIATE.  A  PETITION  FOR
 ADMISSION FOR EMERGENCY SERVICES MUST ESTABLISH THE REASON THE PETITION-
 ER  BELIEVES  THAT THERE IS A LIKELIHOOD TO RESULT IN HARM TO THE PERSON
 OR OTHERS UNLESS THEY ARE ADMITTED FOR IMMEDIATE EMERGENCY  SERVICES.  A
 PETITION MUST INCLUDE:
   (I)  THE  NAME OF THE PERSON TO BE ADMITTED, THE NAME AND SIGNATURE OF
 THE PETITIONER, THE RELATIONSHIP BETWEEN THE PERSON TO BE  ADMITTED  AND
 THE APPLICANT; AND
   (II)  THE  REASON THE PETITIONER BELIEVES THAT BECAUSE OF SUCH IMPAIR-
 MENT THE PERSON HAS LOST THE  POWER  OF  SELF-CONTROL  WITH  RESPECT  TO
 SUBSTANCE ABUSE; AND
   (III)  THE REASON THE PETITIONER BELIEVES THAT THE PERSON'S REFUSAL TO
 VOLUNTARILY RECEIVE EMERGENCY SERVICES IS BASED ON JUDGMENT SO  IMPAIRED
 BY  REASON  OF  SUBSTANCE  ABUSE THAT THEY ARE INCAPABLE OF APPRECIATING
 SUCH PERSON'S NEED FOR SUCH SERVICES AND OF MAKING A  RATIONAL  DECISION
 REGARDING THEIR NEED FOR SERVICES.
   3.  UPON  RECEIPT OF SUCH PETITION, THE DIRECTOR OF COMMUNITY SERVICES
 OR A PERSON DULY DESIGNATED BY THEM SHALL REVIEW SUCH PETITION  AND  MAY
 TAKE ACTIONS PURSUANT TO SUBDIVISIONS (B) OR (C) OF THIS SECTION.
 S. 2664                             7

   (E)  EACH  PERSON  ADMITTED  TO  A  TREATMENT  FACILITY  FOR EMERGENCY
 SERVICES PURSUANT TO THIS SECTION SHALL BE PROVIDED WITH WRITTEN  NOTICE
 REGARDING  PATIENT  RIGHTS  PURSUANT  TO  SECTION 22.03 OF THIS ARTICLE,
 ACCESS TO THEIR PERSONAL ATTORNEY UPON REQUEST, AND  NOTICE  AS  TO  THE
 AVAILABILITY  OF  THE MENTAL HYGIENE LEGAL SERVICE FOR LEGAL COUNSEL AND
 SHALL BE PROVIDED ACCESS TO THE SERVICE UPON REQUEST.
   (F) THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING  PROCE-
 DURES  FOR TAKING INTOXICATED OR IMPAIRED PERSONS AND PERSONS APPARENTLY
 INCAPACITATED BY ALCOHOL AND/OR SUBSTANCES  TO  THEIR  RESIDENCE  OR  TO
 APPROPRIATE   PUBLIC  OR  PRIVATE  TREATMENT  FACILITIES  FOR  EMERGENCY
 SERVICES AND MINIMIZING THE ROLE OF THE POLICE IN OBTAINING TREATMENT OF
 SUCH PERSONS.
   § 3. The mental hygiene law is amended by adding a new  section  22.13
 to read as follows:
 § 22.13 COURT AUTHORIZATION TO RETAIN AN INVOLUNTARY PATIENT.
   (A)  IF  THE  DIRECTOR  OF  A  FACILITY SHALL DETERMINE THAT A PATIENT
 ADMITTED PURSUANT TO SUBDIVISION (C) OF SECTION 22.10 OF  THIS  ARTICLE,
 FOR WHOM THERE IS NO PRIOR COURT ORDER AUTHORIZING RETENTION FOR A SPEC-
 IFIED  PERIOD,  IS  IN NEED OF RETENTION BEYOND SEVENTY-TWO HOURS AND IF
 SUCH PATIENT DOES NOT AGREE TO REMAIN IN SUCH FACILITY  AS  A  VOLUNTARY
 PATIENT,  THE  DIRECTOR  SHALL  APPLY TO THE SUPREME COURT OR THE COUNTY
 COURT IN THE COUNTY WHERE THE FACILITY IS LOCATED FOR AN ORDER AUTHORIZ-
 ING CONTINUED RETENTION.  THE  FACILITY  IS  AUTHORIZED  TO  RETAIN  THE
 PATIENT FOR SEVENTY-TWO HOURS OR DURING THE PERIOD IN WHICH THE APPLICA-
 TION MAY BE PENDING, SUCH PERIOD NOT TO EXCEED NINETY DAYS. 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  ANY
 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 BY THE PATIENT
 OR THE SERVICE 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 FOR A PERIOD NOT TO EXCEED NINETY  DAYS  FROM  THE
 DATE  OF  THE  ORDER,  PROVIDED  THE COURT IS SATISFIED THAT THE PATIENT
 REQUIRES CONTINUED RETENTION.
   (B) UPON THE DEMAND OF THE PATIENT OR OF ANYONE  ON  THEIR  BEHALF  OR
 UPON  REQUEST  OF  THE MENTAL HYGIENE LEGAL SERVICE, THE COURT SHALL, OR
 MAY ON ITS OWN MOTION, FIX A DATE FOR THE  HEARING  OF  THE  APPLICATION
 PURSUANT TO COURT PROCEDURE IN THE JURISDICTION OF THE FACILITY.
   (C) EXCEPT AS PROVIDED IN SUBDIVISION (A) OF THIS SECTION A PERSON MAY
 NOT  BE  RETAINED  BEYOND A PERIOD OF NINETY DAYS WITHOUT THEIR CONSENT.
 PERSONS SUITABLE THEREFOR MAY BE  VOLUNTARILY  ADMITTED  TO  A  CHEMICAL
 DEPENDENCE PROGRAM OR FACILITY PURSUANT TO THIS ARTICLE.
   §  4.  Subdivision  (d) of section 22.11 of the mental hygiene law, as
 added by chapter 558 of the laws of 1999, is amended to read as follows:
   (d) Inpatient  or  residential  treatment.  1.  [Admission]  VOLUNTARY
 ADMISSION  procedures.  (i)  A  copy of the patient's rights established
 under this section and under section 22.03  of  this  article  shall  be
 given and explained to the minor and to the minor's consenting parent or
 guardian  at  the  time  of admission by the director of the facility or
 such person's designee.
   (ii) The minor shall be required to sign a form  indicating  that  the
 treatment  is  being  voluntarily  sought, and that [he or she has] THEY
 HAVE been advised of [his or her] THEIR ability  to  access  the  mental
 hygiene  legal  service  and  of  [his  or  her] THEIR rights under this
 S. 2664                             8
 
 section and section 22.03 of this article.  The  signed  form  shall  be
 included in the minor's medical record.
   (iii)  At  the  time  of  admission,  any  minor  so admitted shall be
 informed by the director of the facility  or  the  director's  designee,
 orally  and in writing, of the minor's right to be discharged in accord-
 ance with the provisions of this [section]  SUBDIVISION  within  twenty-
 four hours of [his or her] THEM making a request therefor.
   (iv) Emergency contacts.
   (A)  At  the time of admission, the provider of services shall use its
 best efforts to obtain from the minor's consenting parent or guardian  a
 telephone number or numbers where [he or she] THEY may be reached by the
 facility at any time during the day or night. In addition, such provider
 of services shall also use its best efforts to obtain from the parent or
 guardian  a name, address and appropriate telephone number or numbers of
 an adult designated by such parent or guardian as an  emergency  contact
 person in the event the facility is unable to reach such parent or guar-
 dian.
   (B)  If  the  minor  is admitted in accordance with subdivision (c) of
 this section, the provider of services shall use  its  best  efforts  to
 obtain  from  the  minor  the  name, address, and telephone number of an
 adult who may serve as an emergency  contact,  and  the  facility  shall
 verify the existence and availability of such contact upon notice to and
 with the prior written consent of the minor.
   (C)  Failure to obtain emergency contacts, after reasonable effort, in
 accordance with this section shall not preclude admission of  the  minor
 to treatment.
   (v) Notice of admission and discharge procedures.
   (A)  A copy of the facility's admission and discharge procedures shall
 be provided to the minor and to the minor's consenting parent or guardi-
 an at the time of admission by the director  of  the  facility  or  such
 person's  designee.  Such information shall also be mailed to the desig-
 nated emergency contact person by regular mail.
   (B) If the minor is admitted in accordance  with  subdivision  (c)  of
 this  section,  a  copy of the facility's admission and discharge proce-
 dures shall be provided to the minor. Such  information  shall  also  be
 mailed to the designated emergency contact person by regular mail.
   (vi) Each minor admitted for inpatient or residential chemical depend-
 ence treatment pursuant to this subdivision shall be provided with writ-
 ten  notice  regarding  the  availability  of  the  mental hygiene legal
 service for legal counsel, and shall be provided access to  the  service
 upon request.
   2.  INVOLUNTARY  ADMISSION PROCEDURES. (I) MINORS ADMITTED PURSUANT TO
 SECTION 22.10 OF THIS ARTICLE SHALL  BE  PROVIDED  WITH  WRITTEN  NOTICE
 REGARDING THE AVAILABILITY OF THE MENTAL HYGIENE LEGAL SERVICE FOR LEGAL
 COUNSEL, AND SHALL BE PROVIDED ACCESS TO THE SERVICE UPON REQUEST.
   (II)  NO  MINOR  RECEIVING  INVOLUNTARY  INPATIENT  EMERGENCY SERVICES
 PURSUANT TO SUBDIVISION (C) OF SECTION 22.10  OF  THIS  ARTICLE  MAY  BE
 DISCHARGED  FROM  THE PROGRAM PRIOR TO SEVENTY-TWO HOURS BASED SOLELY ON
 THEIR REQUEST.
   (III) A COPY OF THE PATIENT'S RIGHTS ESTABLISHED  UNDER  THIS  SECTION
 AND  UNDER SECTION 22.03 OF THIS ARTICLE SHALL BE GIVEN AND EXPLAINED TO
 THE MINOR AND TO THE MINOR'S CONSENTING PARENT OR GUARDIAN AT  THE  TIME
 OF ADMISSION BY THE DIRECTOR OF THE FACILITY OR SUCH PERSON'S DESIGNEE.
   (IV)  THE  MINOR SHALL BE REQUIRED TO SIGN A FORM INDICATING THAT THEY
 HAVE BEEN ADVISED OF THEIR ABILITY TO ACCESS THE  MENTAL  HYGIENE  LEGAL
 SERVICE AND OF THEIR RIGHTS UNDER THIS SECTION AND SECTION 22.03 OF THIS
 S. 2664                             9

 ARTICLE.  THE  SIGNED  FORM  SHALL  BE  INCLUDED  IN THE MINOR'S MEDICAL
 RECORD.
   3. Discharge procedures. All minors admitted pursuant to this subdivi-
 sion shall be discharged in accordance with the following:
   (i)  [Any  minor  admitted  to  an  inpatient  or residential chemical
 dependence treatment facility has the  right  to  be  discharged  within
 twenty-four  hours  of  his  or  her  request  in  accordance  with  the
 provisions of this subdivision.
   (ii)] If discharge is requested  prior  to  completion  of  a  minor's
 treatment plan, such minor must request discharge in writing.
   (A)  Upon  receipt  of  any form of written request for discharge, the
 director of the facility in which the minor is admitted shall immediate-
 ly notify the minor's parent or guardian. If the facility is  unable  to
 contact  such  parent  or  guardian  within a reasonable time, or if the
 minor has been admitted pursuant to subdivision (c) of this section, the
 facility shall notify the designated emergency contact person.
   (B) The minor shall not be discharged from such facility until  it  is
 determined:
   (1)  that  the safety and well being of such minor will not be threat-
 ened [or the expiration of twenty-four hours, whichever is sooner]; [or]
   (2) THAT THE MINOR'S PARENT OR GUARDIAN CONSENTS  TO  THE  RELEASE  OF
 SUCH MINOR; AND
   (3)  that the parent, guardian, or designated emergency contact person
 has made appropriate and timely departure arrangements with the  facili-
 ty. [However, unless otherwise directed by the minor's parent or guardi-
 an  or  designated  emergency contact person pursuant to this item, such
 minor shall be discharged within twenty-four hours after  submission  of
 the request.
   (iii)]  (II) Writing materials for use in requesting a discharge shall
 be made available at  all  times  to  all  minors  admitted  under  this
 section.
   (III)  The staff of the facility shall assist such minors in preparing
 or submitting requests for discharge.
   § 5.  This act shall take effect immediately.