Enacts "Jesse's law" to provide that a person subject to involuntary emergency admission for immediate observation, care, and treatment of mental illness shall have the right to select the hospital they are admitted to.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5287
SPONSOR: Gunther TITLE OF BILL:
An act to amend the mental hygiene law, in relation to involuntary emer-
gency admission of persons alleged to be mentally ill
PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow individuals who are being involuntarily relocated
due to a mental health related issue to choose which hospital they are
admitted to as long as it is reasonable within the specifications list-
ed.
SUMMARY OF PROVISIONS:
Section one - Short title of the act so it will be known as may be cited
as "Jesse's law."
Section two - Adds a new section to the mental hygiene law which allows
for an individual who is being involuntarily moved to a hospital to be
able to choose which hospital they are admitted to. As long as it is not
more than 50 miles and such a hospital has adequate staff and spacing
for the individual.
Section three - States that within 60 days after this bill becomes a law
the department of mental hygiene must distribute a list to all sheriffs
offices of the hospitals that meet specified criteria of Mental Health
Law section 9.39. The department must also distribute an updated list
anytime those hospital 9.39 statuses change.
Section four -sets for the effective date.
JUSTIFICATION:
This bill is named after Jesse Hubert, a NYS resident who while in his
20's, his mental health started to noticeably decline. In time, it
became a struggle for Jesse to survive day to day. He experienced
psychotic episodes, overdoses, suicidal ideations, and attempts. Crisis
interventions and hospitalizations became a frequent part of Jesse and
his family's daily lives sometimes occurring weekly. Within just a few
months, Jesse was hospitalized nearly twenty times. While being involun-
tarily committed, Jesse had been brought to multiple different hospitals
each time, regardless of if he had a preferred hospital. Jesse and his
family repeatedly communicated and requested he be transferred to a
different facility to better suit his treatment needs, but all requests
were denied. Request denials decreased Jesse's want to seek the support
to remain safe, as he did not want to return to an environment that
caused him additional trauma.
There are countless examples of similar concerns for people across the
state. People are refused the opportunity to receive treatment at a
preferred location and often receive less than adequate care. There are
many instances in which certain hospitals would be better fit for
specific individuals being involuntarily committed including differences
in treatment capacity, relationships with staff, and having their
support network closer in location.
To that end, an individual's primary psychiatrist may be based out of a
certain hospital, which would lead to more direct and consistent
care/treatment should the patient be admitted there. Positive relations
with previous staff at a certain hospital can decrease anxiety upon
admittance. And on the contrary, previous negative interactions with
staff at certain hospitals can lead to elevated anxiety. Additionally,
medication regimes can be changed abruptly from hospital to hospital
which can potentially have harmful effects.
This bill recognizes that in not all circumstances it will be reasonable
to honor an individual's choice of hospital while being involuntarily
committed. This bill only allows the choice of hospital in the event the
hospital has adequate space and staffing, and is within 50 miles from
the location the individual is being transported from.
It is the purpose of this legislation to give those struggling with
their mental health a choice to where they will receive care/treatment
when involuntary psychiatric admission is necessary, within reasonable
specifications. Jesse Hubert is now 30 years old and he and his family
advocate that choice is key in a person's recovery.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD.
EFFECTIVE DATE:
On the ninetieth day after it becomes a law.
STATE OF NEW YORK
________________________________________________________________________
5287
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. GUNTHER -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to involuntary emer-
gency admission of persons alleged to be mentally ill
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 "Jesse's law".
3 § 2. The mental hygiene law is amended by adding a new section 9.42
4 to read as follows:
5 § 9.42 Patient's right to choose a qualified hospital for involuntary
6 emergency admission.
7 In the event that a police officer or peace officer is involuntarily
8 removing a person to a hospital under the provisions of section 9.41 of
9 this article, that person may choose the hospital to which he or she is
10 admitted as long as the hospital meets the criteria specified in subdi-
11 vision (a) of section 9.39 of this article, has adequate space and
12 staffing, and is no more than fifty miles from the location at which the
13 person is taken into custody.
14 § 3. Within 60 days of the effective date of this act, the department
15 of mental hygiene shall distribute to each county sheriff a list of all
16 hospitals that meet the criteria specified in subdivision (a) of section
17 9.39 of the mental hygiene law. The department shall distribute an
18 updated list any time a hospital gains or loses 9.39 certification.
19 § 4. This act shall take effect on the ninetieth day after it shall
20 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09132-01-3
