Provides that when there is an involuntary admittance to an in-patient facility, the person's or the person's designee's choice of facility shall be respected as long as it is appropriate; provided, however, such choice shall be subject to the facility's ability to provide the person's necessary level of care and the availability of space.
STATE OF NEW YORK
________________________________________________________________________
5453--A
Cal. No. 1137
2013-2014 Regular Sessions
IN SENATE
May 16, 2013
___________
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities -- reported favorably from said committee, ordered
to first report, amended on first report, ordered to a second report
and ordered reprinted, retaining its place in the order of second
report
AN ACT to amend the mental hygiene law, in relation to involuntary
admittance
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 9.29 of the mental hygiene law is amended by adding
2 a new subdivision (c) to read as follows:
3 (c) When there is an involuntary admittance to an in-patient facility
4 pursuant to section 9.27 of this article, the person's or the person's
5 guardian's choice of facility shall be respected; provided, however,
6 such choice shall be subject to the facility's ability to provide the
7 person's necessary level of care and the availability of a bed within a
8 reasonable time period, and provided that honoring such choice would not
9 jeopardize the health and safety of the individual in the examining
10 physician's professional judgment.
11 § 2. Section 9.39 of the mental hygiene law is amended by adding a new
12 subdivision (d) to read as follows:
13 (d) When there is an involuntary admittance to an in-patient facility
14 pursuant to section 9.27 of this article, the person's or the person's
15 guardian's choice of facility shall be respected; provided, however,
16 such choice shall be subject to the facility's ability to provide the
17 person's necessary level of care and the availability of a bed within a
18 reasonable time period, and provided that honoring such choice would not
19 jeopardize the health and safety of the individual in the examining
20 physician's professional judgment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11031-02-3
S. 5453--A 2
1 § 3. This act shall take effect on the one hundred twentieth day after
2 it shall have become a law; provided, however, that effective immediate-
3 ly, the addition, amendment and/or repeal of any rule or regulation
4 necessary for the implementation of this act on its effective date are
5 authorized and directed to be made and completed on or before such
6 effective date.
