S03407 Summary:

BILL NOS03407
 
SAME ASNo Same As
 
SPONSORORTT
 
COSPNSR
 
MLTSPNSR
 
Amd 22.09 & 22.11, add 22.10 & 22.13; Ment Hyg L
 
Provides for emergency intervention services for persons impaired by chemical substances.
Go to top    

S03407 Actions:

BILL NOS03407
 
02/06/2019REFERRED TO ALCOHOLISM AND SUBSTANCE ABUSE
Go to top

S03407 Committee Votes:

Go to top

S03407 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S03407 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3407
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    February 6, 2019
                                       ___________
 
        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Alcoholism  and  Substance
          Abuse
 
        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:
 
     1    Section  1.  Section  22.09  of  the mental hygiene law, as amended by
     2  section 1 of part D of chapter 69 of the laws of  2016,  is  amended  to
     3  read as follows:
     4  § 22.09 Emergency  services  for persons intoxicated, impaired, or inca-
     5             pacitated by alcohol [and/or substances].
     6    (a) As used in this article:
     7    1. "Intoxicated or impaired person" means a  person  whose  mental  or
     8  physical  functioning is substantially impaired as a result of the pres-
     9  ence of alcohol [and/or substances] in his or her body.
    10    2. "Incapacitated" means that a person, as a  result  of  the  use  of
    11  alcohol  [and/or  substances], is unconscious or has his or her judgment
    12  otherwise so impaired that he or  she  is  incapable  of  realizing  and
    13  making  a  rational  decision with respect to his or her need for treat-
    14  ment.
    15    3. "Likelihood to result in harm" or "likely to result in harm"  means
    16  (i)  a  substantial risk of physical harm to the person as manifested by
    17  threats of or attempts at  suicide  or  serious  bodily  harm  or  other
    18  conduct  demonstrating  that  the  person  is  dangerous  to  himself or
    19  herself, or (ii) a substantial risk of physical harm to other persons as
    20  manifested by homicidal or other violent behavior by  which  others  are
    21  placed in reasonable fear of serious physical harm.
    22    4.  "Emergency services" means immediate physical examination, assess-
    23  ment, care and treatment of an incapacitated person for the  purpose  of
    24  confirming  that  the  person  is, and continues to be, incapacitated by
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03352-01-9

        S. 3407                             2
 
     1  alcohol [and/or substances] to the degree that there is a likelihood  to
     2  result in harm to the person or others.
     3    5. "Treatment facility" means a facility designated by the commission-
     4  er which may only include a general hospital as defined in article twen-
     5  ty-eight  of  the public health law, or a medically managed or medically
     6  supervised withdrawal, inpatient rehabilitation, or residential stabili-
     7  zation treatment program that has been certified by the commissioner  to
     8  have appropriate medical staff available on-site at all times to provide
     9  emergency  services  and continued evaluation of capacity of individuals
    10  retained under this section.
    11    (b) 1. An intoxicated or impaired  person  may  come  voluntarily  for
    12  emergency services to a chemical dependence program or treatment facili-
    13  ty  authorized by the commissioner to provide such emergency services. A
    14  person who appears to be intoxicated or impaired and who consents to the
    15  proffered help may be assisted by any peace officer acting  pursuant  to
    16  his  or  her  special  duties,  police  officer, or by a designee of the
    17  director of community services to return to his or her home, to a chemi-
    18  cal dependence program or treatment facility, or to any  other  facility
    19  authorized  by  the  commissioner to provide such emergency services. In
    20  such cases, the peace officer, police officer, or designee of the direc-
    21  tor of community services shall accompany the  intoxicated  or  impaired
    22  person  in  a  manner  which is reasonably designed to assure his or her
    23  safety, as set forth  in  regulations  promulgated  in  accordance  with
    24  subdivision (d) of this section.
    25    2.  A  person  who  appears  to  be  incapacitated  by alcohol [and/or
    26  substances] to the degree that there is a likelihood to result  in  harm
    27  to the person or to others may be taken by a peace officer acting pursu-
    28  ant to his or her special duties, or a police officer who is a member of
    29  the  state police or of an authorized police department or force or of a
    30  sheriff's department or by the  director  of  community  services  or  a
    31  person  duly  designated  by  him  or  her  to  a treatment facility for
    32  purposes of receiving emergency services. Every reasonable effort  shall
    33  be  made  to protect the health and safety of such person, including but
    34  not limited to the requirement that the peace officer,  police  officer,
    35  or director of community services or his or her designee shall accompany
    36  the  apparently  incapacitated  person  in  a manner which is reasonably
    37  designed to assure his or  her  safety,  as  set  forth  in  regulations
    38  promulgated in accordance with subdivision (d) of this section.
    39    3.  A  person  who  comes voluntarily or is brought without his or her
    40  objection to any such facility or program in accordance with this subdi-
    41  vision shall be given emergency care and  treatment  at  such  place  if
    42  found  suitable therefor by authorized personnel, or referred to another
    43  suitable facility or treatment program for care and treatment,  or  sent
    44  to his or her home.
    45    4.  The  director  of a treatment facility may receive as a patient in
    46  need of emergency services any person who appears to be incapacitated as
    47  defined in this section.
    48    5. A person who comes voluntarily  or  is  brought  with  his  or  her
    49  objection  to a treatment facility shall be examined as soon as possible
    50  but not more than twelve hours after arriving at such treatment facility
    51  by an examining physician. If such examining physician  determines  that
    52  such  person  is  incapacitated  by  alcohol  [and/or substances] to the
    53  degree that there is a likelihood to result in harm  to  the  person  or
    54  others,  he  or  she  may  be retained to receive emergency services and
    55  shall be regularly reevaluated to confirm continued incapacity by  alco-
    56  hol  [and/or  substances]  to  the  degree that there is a likelihood to

        S. 3407                             3
 
     1  result in harm to the person  or  others.  If  the  examining  physician
     2  determines  at any time that such person is not incapacitated by alcohol
     3  [and/or substances] to the degree that there is a likelihood  to  result
     4  in  harm  to  the person or others, he or she must be released. Notwith-
     5  standing any other law, in no event may such person be retained  against
     6  his  or  her objection beyond whichever is the shorter of the following:
     7  (i) the time that he or  she  is  no  longer  incapacitated  by  alcohol
     8  [and/or  substances]  to the degree that there is a likelihood to result
     9  in harm to the person or others or (ii) a period longer than seventy-two
    10  hours.
    11    6. Every reasonable effort must be made to obtain the person's consent
    12  to give prompt notification of a person's retention  in  a  facility  or
    13  program  pursuant  to  this  section  to  his or her closest relative or
    14  friend, and, if requested by such person, to his  or  her  attorney  and
    15  personal  physician,  in  accordance  with federal confidentiality regu-
    16  lations.
    17    7. A person may not be retained pursuant  to  this  section  beyond  a
    18  period of seventy-two hours without his or her consent. Persons suitable
    19  therefor may be voluntarily admitted to a chemical dependence program or
    20  facility pursuant to this article.
    21    (c)  Discharge  procedures.  1.  The discharge procedure process shall
    22  begin as soon as the patient is admitted to the treatment  facility  and
    23  shall  be  considered  a  part  of  the  treatment planning process. The
    24  discharge plan shall be developed in collaboration with the patient  and
    25  any  significant other(s) the patient chooses to involve. If the patient
    26  is a minor, the discharge plan must also be  developed  in  consultation
    27  with  his  or  her parent or guardian, unless the minor is being treated
    28  without parental consent as authorized by section 22.11 of  this  [chap-
    29  ter] article.
    30    2.  No  patient shall be discharged without a discharge plan which has
    31  been completed and reviewed by the multi-disciplinary team prior to  the
    32  discharge of the patient. This review may be part of a regular treatment
    33  plan review. The portion of the discharge plan which includes the refer-
    34  rals  for  continuing care shall be given to the patient upon discharge.
    35  This requirement shall not apply to patients who refuse continuing  care
    36  planning,  provided,  however,  that  the  treatment facility shall make
    37  reasonable efforts to provide information about the dangers of long term
    38  substance use as well as information related to treatment including, but
    39  not limited to, the OASAS HOPELINE and the OASAS Bed Availability  Dash-
    40  board.
    41    3.  The  discharge plan shall be developed by the responsible clinical
    42  staff member, who, in the development of such plan, shall  consider  the
    43  patient's self-reported confidence in maintaining abstinence and follow-
    44  ing  an individualized relapse prevention plan. The responsible clinical
    45  staff member shall also consider an assessment of the patient's home and
    46  family environment, vocational/educational/employment  status,  and  the
    47  patient's  relationships  with  significant  others.  The purpose of the
    48  discharge plan shall be to establish the level of  clinical  and  social
    49  resources  available  to  the  patient upon discharge from the inpatient
    50  service and the need for the  services  for  significant  others.    The
    51  discharge plan shall include, but not be limited to, the following:
    52    (i)  identification of continuing chemical dependence services includ-
    53  ing management of withdrawal or continuing stabilization and  any  other
    54  treatment,  rehabilitation,  self-help  and  vocational, educational and
    55  employment services the patient will need after discharge;

        S. 3407                             4
 
     1    (ii) identification of the type of residence, if any, that the patient
     2  will need after discharge;
     3    (iii)  identification  of specific providers of these needed services;
     4  and
     5    (iv) specific referrals and  initial  appointments  for  these  needed
     6  services.
     7    4.  A  discharge summary which includes the course and results of care
     8  and treatment must be prepared  and  included  in  each  patient's  case
     9  record within twenty days of discharge.
    10    (d) The commissioner shall promulgate all rules and regulations, after
    11  consulting with representatives of appropriate law enforcement and chem-
    12  ical  dependence  providers  of  services,  establishing  procedures for
    13  taking intoxicated or impaired persons and persons apparently  incapaci-
    14  tated by alcohol [and/or substances] to their residences or to appropri-
    15  ate public or private facilities for emergency services and for minimiz-
    16  ing  the  role  of  the  police  in  obtaining treatment of such persons
    17  necessary to implement the provisions of this section, including but not
    18  limited  to  establishing  procedures  for  transporting   incapacitated
    19  persons to a treatment facility for emergency services.
    20    §  2.  The mental hygiene law is amended by adding a new section 22.10
    21  to read as follows:
    22  § 22.10 Emergency services for  persons  impaired  or  incapacitated  by
    23            substances.
    24    (a) Definitions. As used in this article:
    25    1. "Impaired person" means a person whose mental or physical function-
    26  ing  is substantially impaired as a result of the presence of substances
    27  in his or her body.
    28    2. "Incapacitated" means that a person, as a  result  of  the  use  of
    29  substances,  is  unconscious  or  has  his  or her judgment otherwise so
    30  impaired that he or she is incapable of realizing and making a  rational
    31  decision with respect to his or her need for treatment.
    32    3.  "Likelihood to result in harm" or "likely to result in harm" means
    33  (i) a substantial risk of physical harm to the person as  manifested  by
    34  threats  of  or  attempts  at  suicide  or  serious bodily harm or other
    35  conduct demonstrating  that  the  person  is  dangerous  to  himself  or
    36  herself, or (ii) a substantial risk of physical harm to other persons as
    37  manifested  by  homicidal  or other violent behavior by which others are
    38  placed in reasonable fear of serious physical harm.
    39    4. "Emergency services" means immediate voluntary or involuntary phys-
    40  ical examination, assessment, care and treatment of an  impaired  person
    41  who  has  become  incapacitated in order to achieve stabilization and/or
    42  subsequent admission to extended voluntary or involuntary treatment.
    43    5. "Treatment facility" means a hospital as defined in  article  twen-
    44  ty-eight  of  the  public  health  law, or a chemical dependence program
    45  facility certified or approved by the commissioner.
    46    6. "Substance" shall have the same meaning as set forth in subdivision
    47  thirty-nine of section 1.03 of this chapter.
    48    (b) Voluntary emergency services. 1.   An  impaired  person  may  come
    49  voluntarily  for  emergency services to a chemical dependence program or
    50  treatment facility authorized by the commissioner to provide such  emer-
    51  gency  services. A person who appears to be impaired and who consents to
    52  the proffered help shall be assisted by any peace officer acting  pursu-
    53  ant  to  his  or her special duties, police officer, or by a designee of
    54  the director of community services to return to his or her  home,  to  a
    55  chemical  dependence  program  or  treatment  facility,  or to any other
    56  facility authorized by the commissioner to provide  emergency  services.

        S. 3407                             5
 
     1  In  such  cases,  the  peace officer, police officer, or designee of the
     2  director of community services shall accompany the impaired person in  a
     3  manner  which is reasonably designed to assure his or her safety, as set
     4  forth  in  regulations promulgated in accordance with subdivision (f) of
     5  this section.
     6    2. Consistent with subdivision (b) of section 22.07 of this article, a
     7  person who appears to be incapacitated by substances to the degree  that
     8  there is a likelihood to result in harm to the person or to others shall
     9  be  taken  by  a  peace  officer  acting  pursuant to his or her special
    10  duties, or a police officer who is a member of the state police or of an
    11  authorized police department or force or of a sheriff's department or by
    12  the director of community services or a person duly designated by him or
    13  her, or pursuant to petition  to  the  director  of  community  services
    14  pursuant to subdivision (d) of this section, to a treatment facility for
    15  purposes  of receiving emergency services. Every reasonable effort shall
    16  be made to protect the health and safety of such person,  including  but
    17  not  limited  to the requirement that the peace officer, police officer,
    18  or director of community services or his or her designee shall accompany
    19  the apparently incapacitated person in  a  manner  which  is  reasonably
    20  designed  to  assure  his  or  her  safety,  as set forth in regulations
    21  promulgated in accordance with subdivision (f) of this section.
    22    3. A person who comes voluntarily or is brought  without  his  or  her
    23  objection  to  any  such treatment facility in accordance with paragraph
    24  two of this subdivision shall be provided  emergency  services  at  such
    25  place  if found suitable by authorized personnel, or referred to another
    26  suitable facility or treatment program for emergency services,  or  sent
    27  to his or her home.
    28    4.  A person who is brought with his or her objection to any treatment
    29  facility in accordance with paragraph two of this subdivision  shall  be
    30  examined  as soon as possible by an examining physician. If such examin-
    31  ing physician determines that such person is incapacitated by substances
    32  to the degree that there is a likelihood to result in harm to the person
    33  or others, he or she may be retained for emergency treatment to  achieve
    34  stabilization. If the examining physician determines that such person is
    35  not incapacitated by substances to the degree that there is a likelihood
    36  to  result  in harm to the person or others, he or she must be released.
    37  Except as provided in subdivision (c) of this section, in no  event  may
    38  such person be retained against his or her objection beyond whichever is
    39  the shorter of the following:
    40    (i)  the  time that he or she is no longer incapacitated by substances
    41  to the degree that there is a likelihood to result in harm to the person
    42  or others or;
    43    (ii) a period longer than seventy-two hours.
    44    5. Every reasonable effort must be made to obtain the person's consent
    45  to give prompt notification of a person's retention  in  a  facility  or
    46  program  pursuant  to this subdivision to his or her closest relative or
    47  friend, and, if requested by such person, to his  or  her  attorney  and
    48  personal  physician,  in  accordance  with federal confidentiality regu-
    49  lations.
    50    (c) Involuntary emergency services on certificate  of  a  director  of
    51  community  services or designee. 1. The director of a treatment facility
    52  designated by the commissioner to provide emergency services shall  upon
    53  the certificate of a local director of community services or a physician
    54  duly  designated by the director of community services, receive and care
    55  for in such facility as a patient any person who, in the opinion of  the
    56  director of community services or his or her designee sought by petition

        S. 3407                             6
 
     1  pursuant  to subdivision (d) of this section, is incapacitated such that
     2  such person's use or abuse of chemical substances is likely to result in
     3  harm to himself, herself or others and for  whom  immediate  involuntary
     4  emergency services is appropriate.
     5    2.  The  need  for  immediate  involuntary emergency services shall be
     6  confirmed prior to admission by a physician affiliated with the  facili-
     7  ty.  Excluding  Sundays  and  holidays, if the physician recommends such
     8  patient be retained for emergency services beyond seventy-two hours  and
     9  the  patient  does  not  agree to remain in such facility as a voluntary
    10  patient, the certificate of such physician attesting that the patient is
    11  in need of extended involuntary emergency services shall be  filed  with
    12  the  facility.  From  the  time  of  such patient's admission under this
    13  subdivision the retention of such patient for emergency services  beyond
    14  seventy-two  hours  shall be subject to the provisions for notice, hear-
    15  ing, review, and judicial approval provided  by  this  article  for  the
    16  admission  and retention of involuntary patients, provided that, for the
    17  purposes of such provisions, the date of admission of the patient  shall
    18  be  deemed  to  be  the  date when the patient was first received in the
    19  facility pursuant to this subdivision.
    20    (d) Petition to local director of community services for voluntary  or
    21  involuntary emergency services. 1. A petition for emergency services may
    22  be  sought  for  an  adult or for a minor by petition to a local govern-
    23  mental unit's director of community services  in  accordance  with  this
    24  subdivision.  Any one of the following persons may petition the director
    25  of community services:
    26    (i) in the case of an adult, a physician, the person's spouse or guar-
    27  dian, any relative of the person, or any other adult  who  has  personal
    28  knowledge of a person's substance abuse impairment; or
    29    (ii)  in  the  case of a minor, the minor's parent, legal guardian, or
    30  legal custodian.
    31    2. Petition for admission of a patient to  a  treatment  facility  for
    32  emergency  services  pursuant  to  this  section  shall  be based upon a
    33  personal examination by a director of community services or his  or  her
    34  designee. It shall be in writing and shall be filed with the director of
    35  a  facility  at  the  time  of  the patient's reception, together with a
    36  statement in a form prescribed by the commissioner giving such  informa-
    37  tion  as  he  or  she may deem appropriate. A petition for admission for
    38  emergency services must establish the  reason  the  petitioner  believes
    39  that  there  is  a  likelihood to result in harm to the person or others
    40  unless he or she is admitted for immediate emergency services.  A  peti-
    41  tion must include:
    42    (i)  the  name of the person to be admitted, the name and signature of
    43  the petitioner, the relationship between the person to be  admitted  and
    44  the applicant; and
    45    (ii)  the  reason the petitioner believes that because of such impair-
    46  ment the person has lost the  power  of  self-control  with  respect  to
    47  substance abuse; and
    48    (iii)  the reason the petitioner believes that the person's refusal to
    49  voluntarily receive emergency services is based on judgement so impaired
    50  by reason of substance abuse that he or she is incapable of appreciating
    51  his or her need for such services and  of  making  a  rational  decision
    52  regarding his or her need for services.
    53    3.  Upon  receipt of such petition, the director of community services
    54  or a person duly designated by him or her shall review such petition and
    55  may take actions pursuant to subdivisions (b) or (c) of this section.

        S. 3407                             7
 
     1    (e) Each  person  admitted  to  a  treatment  facility  for  emergency
     2  services  pursuant to this section shall be provided with written notice
     3  regarding patient rights pursuant to  section  22.03  of  this  article,
     4  access  to  his  or her personal attorney upon request, and notice as to
     5  the  availability  of the mental hygiene legal service for legal counsel
     6  and shall be provided access to the service upon request.
     7    (f) The commissioner shall promulgate regulations establishing  proce-
     8  dures  for taking intoxicated or impaired persons and persons apparently
     9  incapacitated by alcohol and/or substances  to  their  residence  or  to
    10  appropriate   public  or  private  treatment  facilities  for  emergency
    11  services and minimizing the role of the police in obtaining treatment of
    12  such persons.
    13    § 3. The mental hygiene law is amended by adding a new  section  22.13
    14  to read as follows:
    15  § 22.13 Court authorization to retain an involuntary patient.
    16    (a)  If  the  director  of  a  facility shall determine that a patient
    17  admitted pursuant to subdivision (c) of section 22.10 of  this  article,
    18  for whom there is no prior court order authorizing retention for a spec-
    19  ified  period,  is  in need of retention beyond seventy-two hours and if
    20  such patient does not agree to remain in such facility  as  a  voluntary
    21  patient,  the  director  shall  apply to the supreme court or the county
    22  court in the county where the facility is located for an order authoriz-
    23  ing continued retention.  The  facility  is  authorized  to  retain  the
    24  patient for seventy-two hours or during the period in which the applica-
    25  tion may be pending, such period not to exceed ninety days. The director
    26  shall  cause  written  notice  of  such  application  to be given to the
    27  patient and a copy thereof shall be given personally or by mail  to  any
    28  persons  required  by  this  article  to  be  served with notice of such
    29  patient's initial admission and to the  mental  hygiene  legal  service.
    30  Such  notice  shall state that a hearing may be requested by the patient
    31  or the service and that failure to make such a request within five days,
    32  excluding Sunday and holidays, from the date that the notice  was  given
    33  to  the  patient  will  permit  the  entry without a hearing of an order
    34  authorizing retention for a period not to exceed ninety  days  from  the
    35  date  of  the  order,  provided  the court is satisfied that the patient
    36  requires continued retention.
    37    (b) Upon the demand of the patient or of anyone on his or  her  behalf
    38  or upon request of the mental hygiene legal service, the court shall, or
    39  may  on  its  own  motion, fix a date for the hearing of the application
    40  pursuant to court procedure in the jurisdiction of the facility.
    41    (c) Except as provided in subdivision (a) of this section a person may
    42  not be retained beyond a period  of  ninety  days  without  his  or  her
    43  consent.  Persons  suitable  therefor  may  be voluntarily admitted to a
    44  chemical dependence program or facility pursuant to this article.
    45    § 4. Subdivision (d) of section 22.11 of the mental  hygiene  law,  as
    46  added by chapter 558 of the laws of 1999, is amended to read as follows:
    47    (d)  Inpatient  or  residential  treatment.  1.  [Admission] Voluntary
    48  admission procedures. (i) A copy of  the  patient's  rights  established
    49  under  this  section  and  under  section 22.03 of this article shall be
    50  given and explained to the minor and to the minor's consenting parent or
    51  guardian at the time of admission by the director  of  the  facility  or
    52  such person's designee.
    53    (ii)  The  minor  shall be required to sign a form indicating that the
    54  treatment is being voluntarily sought, and  that  he  or  she  has  been
    55  advised of his or her ability to access the mental hygiene legal service
    56  and  of  his  or her rights under this section and section 22.03 of this

        S. 3407                             8
 
     1  article. The signed form  shall  be  included  in  the  minor's  medical
     2  record.
     3    (iii)  At  the  time  of  admission,  any  minor  so admitted shall be
     4  informed by the director of the facility  or  the  director's  designee,
     5  orally  and in writing, of the minor's right to be discharged in accord-
     6  ance with the provisions of this [section]  subdivision  within  twenty-
     7  four hours of his or her making a request therefor.
     8    (iv) Emergency contacts.
     9    (A)  At  the time of admission, the provider of services shall use its
    10  best efforts to obtain from the minor's consenting parent or guardian  a
    11  telephone number or numbers where he or she may be reached by the facil-
    12  ity  at  any time during the day or night. In addition, such provider of
    13  services shall also use its best efforts to obtain from  the  parent  or
    14  guardian  a name, address and appropriate telephone number or numbers of
    15  an adult designated by such parent or guardian as an  emergency  contact
    16  person in the event the facility is unable to reach such parent or guar-
    17  dian.
    18    (B)  If  the  minor  is admitted in accordance with subdivision (c) of
    19  this section, the provider of services shall use  its  best  efforts  to
    20  obtain  from  the  minor  the  name, address, and telephone number of an
    21  adult who may serve as an emergency  contact,  and  the  facility  shall
    22  verify the existence and availability of such contact upon notice to and
    23  with the prior written consent of the minor.
    24    (C)  Failure to obtain emergency contacts, after reasonable effort, in
    25  accordance with this section shall not preclude admission of  the  minor
    26  to treatment.
    27    (v) Notice of admission and discharge procedures.
    28    (A)  A copy of the facility's admission and discharge procedures shall
    29  be provided to the minor and to the minor's consenting parent or guardi-
    30  an at the time of admission by the director  of  the  facility  or  such
    31  person's  designee.  Such information shall also be mailed to the desig-
    32  nated emergency contact person by regular mail.
    33    (B) If the minor is admitted in accordance  with  subdivision  (c)  of
    34  this  section,  a  copy of the facility's admission and discharge proce-
    35  dures shall be provided to the minor. Such  information  shall  also  be
    36  mailed to the designated emergency contact person by regular mail.
    37    (vi) Each minor admitted for inpatient or residential chemical depend-
    38  ence treatment pursuant to this subdivision shall be provided with writ-
    39  ten  notice  regarding  the  availability  of  the  mental hygiene legal
    40  service for legal counsel, and shall be provided access to  the  service
    41  upon request.
    42    2.  Involuntary  admission procedures. (i) Minors admitted pursuant to
    43  section 22.10 of this article shall  be  provided  with  written  notice
    44  regarding the availability of the mental hygiene legal service for legal
    45  counsel, and shall be provided access to the service upon request.
    46    (ii)  No  minor  receiving  involuntary  inpatient  emergency services
    47  pursuant to subdivision (c) of section 22.10  of  this  article  may  be
    48  discharged  from  the program prior to seventy-two hours based solely on
    49  his or her request.
    50    (iii) A copy of the patient's rights established  under  this  section
    51  and  under section 22.03 of this article shall be given and explained to
    52  the minor and to the minor's consenting parent or guardian at  the  time
    53  of admission by the director of the facility or such person's designee.
    54    (iv)  The minor shall be required to sign a form indicating that he or
    55  she has been advised of his or her ability to access the mental  hygiene
    56  legal  service  and  of his or her rights under this section and section

        S. 3407                             9
 
     1  22.03 of this article. The signed form shall be included in the  minor's
     2  medical record.
     3    3. Discharge procedures. All minors admitted pursuant to this subdivi-
     4  sion shall be discharged in accordance with the following:
     5    (i)  [Any  minor  admitted  to  an  inpatient  or residential chemical
     6  dependence treatment facility has the  right  to  be  discharged  within
     7  twenty-four  hours  of  his  or  her  request  in  accordance  with  the
     8  provisions of this subdivision.
     9    (ii)] If discharge is requested  prior  to  completion  of  a  minor's
    10  treatment plan, such minor must request discharge in writing.
    11    (A)  Upon  receipt  of  any form of written request for discharge, the
    12  director of the facility in which the minor is admitted shall immediate-
    13  ly notify the minor's parent or guardian. If the facility is  unable  to
    14  contact  such  parent  or  guardian  within a reasonable time, or if the
    15  minor has been admitted pursuant to subdivision (c) of this section, the
    16  facility shall notify the designated emergency contact person.
    17    (B) The minor shall not be discharged from such facility until  it  is
    18  determined:
    19    (1)  that  the safety and well being of such minor will not be threat-
    20  ened [or the expiration of twenty-four hours, whichever is sooner]; [or]
    21    (2) that the minor's parent or guardian consents  to  the  release  of
    22  such minor; and
    23    (3)  that the parent, guardian, or designated emergency contact person
    24  has made appropriate and timely departure arrangements with the  facili-
    25  ty. [However, unless otherwise directed by the minor's parent or guardi-
    26  an  or  designated  emergency contact person pursuant to this item, such
    27  minor shall be discharged within twenty-four hours after  submission  of
    28  the request.
    29    (iii)]  (ii) Writing materials for use in requesting a discharge shall
    30  be made available at  all  times  to  all  minors  admitted  under  this
    31  section.
    32    (iii)  The staff of the facility shall assist such minors in preparing
    33  or submitting requests for discharge.
    34    § 5.  This act shall take effect immediately.
Go to top