STATE OF NEW YORK
________________________________________________________________________
7014
IN SENATE
April 11, 2014
___________
Introduced by Sen. BOYLE -- (at request of the Office of Alcoholism and
Substance Abuse Services) -- read twice and ordered printed, and when
printed to be committed to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to requests for
emergency services for persons intoxicated, impaired or incapacitated
by alcohol or 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 added by chap-
2 ter 558 of the laws of 1999, is amended to read as follows:
3 § 22.09 Emergency services for persons intoxicated, impaired, or inca-
4 pacitated by alcohol and/or substances.
5 (a) As used in this article:
6 1. "Intoxicated or impaired person" means a person whose mental or
7 physical functioning is substantially impaired as a result of the pres-
8 ence of alcohol and/or substances in his or her body.
9 2. "Incapacitated" means that a person, as a result of the use of
10 alcohol and/or substances, is unconscious or has his or her judgment
11 otherwise so impaired that he or she is incapable of realizing and
12 making a rational decision with respect to his or her need for treat-
13 ment.
14 3. "Likelihood to result in harm" or "likely to result in harm" means
15 (i) a substantial risk of physical harm to the person as manifested by
16 threats of or attempts at suicide or serious bodily harm or other
17 conduct demonstrating that the person is dangerous to himself or
18 herself, or (ii) a substantial risk of physical harm to other persons as
19 manifested by homicidal or other violent behavior by which others are
20 placed in reasonable fear of serious physical harm.
21 4. ["Hospital" means a general hospital as defined in article twenty-
22 eight of the public health law] "Emergency services" means immediate
23 physical examination, assessment, care and emergency treatment to
24 achieve stabilization, and evaluation or referral for further treatment.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13917-02-4
S. 7014 2
1 5. "Treatment facility" means a hospital as defined in article twen-
2 ty-eight of the public health law, or a chemical dependence program
3 facility certified or approved by the commissioner.
4 (b) An intoxicated or impaired person may come voluntarily for emer-
5 gency [treatment] services to a chemical dependence program or treatment
6 facility authorized by the commissioner to give such emergency [treat-
7 ment] services. A person who appears to be intoxicated or impaired and
8 who consents to the proffered help may be assisted by any peace officer
9 acting pursuant to his or her special duties, police officer, or by a
10 designee of the director of community services to return to his or her
11 home, to a chemical dependence program or treatment facility, or to any
12 other facility authorized by the commissioner to give emergency [treat-
13 ment] services. In such cases, the peace officer, police officer, or
14 designee of the director of community services shall accompany the
15 intoxicated or impaired person in a manner which is reasonably designed
16 to assure his or her safety[, as set forth in regulations promulgated in
17 accordance with subdivision (f) of this section].
18 (c) A person who appears to be incapacitated by alcohol and/or
19 substances to the degree that there is a likelihood to result in harm to
20 the person or to others may be taken by a peace officer acting pursuant
21 to his or her special duties, or a police officer who is a member of the
22 state police or of an authorized police department or force or of a
23 sheriff's department or by the director of community services or a
24 person duly designated by him or her, or upon application to the direc-
25 tor of community services pursuant to subdivision (f) of this section,
26 to a [general hospital or to any other place authorized by the commis-
27 sioner in regulations promulgated in accordance with subdivision (f) of
28 this section to give emergency treatment,] treatment facility for imme-
29 diate observation, assessment, care, and emergency treatment. Every
30 reasonable effort shall be made to protect the health and safety of such
31 person, including but not limited to the requirement that the peace
32 officer, police officer, or director of community services or his or her
33 designee shall accompany the apparently incapacitated person in a manner
34 which is reasonably designed to assure his or her safety[, as set forth
35 in regulations promulgated in accordance with subdivision (f) of this
36 section].
37 (d) A person who comes voluntarily or is brought without his or her
38 objection to any such [facility or program] treatment facility in
39 accordance with subdivision (c) of this section shall be given emergency
40 care and treatment at such place if found suitable [therefor] by author-
41 ized personnel, or referred to another suitable facility or treatment
42 program for care and treatment, or sent to his or her home.
43 (e) A person who is brought with his or her objection to any [facility
44 or treatment program] treatment facility in accordance with subdivision
45 (c) of this section shall be examined as soon as possible by an examin-
46 ing physician. If such examining physician determines that such person
47 is incapacitated by alcohol and/or substances to the degree that there
48 is a likelihood to result in harm to the person or others, he or she may
49 be retained for assessment, care and emergency treatment to achieve
50 stabilization. If the examining physician determines that such person
51 is not incapacitated by alcohol and/or substances to the degree that
52 there is a likelihood to result in harm to the person or others, he or
53 she must be released. Notwithstanding any other law, in no event may
54 such person be retained against his or her objection beyond whichever is
55 the shorter of the following: (i) the time that he or she is no longer
56 incapacitated by alcohol and/or substances to the degree that there is a
S. 7014 3
1 likelihood to result in harm to the person or others or (ii) a period
2 longer than [forty-eight] seventy-two hours.
3 1. Every reasonable effort must be made to obtain the person's consent
4 to give prompt notification of a person's retention in a facility or
5 program pursuant to this section to his or her closest relative or
6 friend, and, if requested by such person, to his or her attorney and
7 personal physician, in accordance with federal confidentiality regu-
8 lations.
9 2. A person may not be retained pursuant to this section beyond a
10 period of [forty-eight] seventy-two hours without his or her consent.
11 Persons suitable therefor may be voluntarily admitted to a chemical
12 dependence program or facility pursuant to this article.
13 (f) [The commissioner shall promulgate regulations, after consulting
14 with representatives of appropriate law enforcement and chemical depend-
15 ence providers of services, establishing procedures for taking intoxi-
16 cated or impaired persons and persons apparently incapacitated by alco-
17 hol and/or substances to their residences or to appropriate public or
18 private facilities for emergency treatment and for minimizing the role
19 of the police in obtaining treatment of such persons] Emergency services
20 may be sought for an adult or for a minor by application to a local
21 governmental unit's director of community services in accordance with
22 this subdivision.
23 1. The following persons may make application to the director of
24 community services:
25 (i) in the case of an adult, a physician, the person's spouse or guar-
26 dian, any relative of the person, or any other responsible adult who has
27 personal knowledge of the person's substance abuse impairment; or
28 (ii) in the case of a minor, the minor's parent, legal guardian, or
29 legal custodian.
30 2. An application for emergency services must establish the need for
31 immediate services and contain the name of the person to be admitted,
32 the name and signature of the applicant, the relationship between the
33 person to be admitted and the applicant, and factual allegations with
34 respect to:
35 (i) the reason for the applicant's belief that the person is substance
36 abuse impaired; and
37 (ii) the reason for the applicant's belief that because of such
38 impairment the person has lost the power of self-control with respect to
39 substance abuse; and either
40 (A) the reason the applicant believes that the person has inflicted or
41 is likely to inflict physical harm on himself or herself or others
42 unless admitted; or
43 (B) the reason the applicant believes that the person's refusal to
44 voluntarily receive substance abuse services is based on judgment so
45 impaired by reason of substance abuse that he or she is incapable of
46 appreciating his or her need for such services and of making a rational
47 decision regarding his or her need for services.
48 3. Upon receipt of such application, the director of community
49 services shall take actions pursuant to subdivision (d) or (e) of this
50 section.
51 § 2. This act shall take effect on the one hundred eightieth day after
52 it shall have become a law.
