Bill Text: NY S03650 | 2015-2016 | General Assembly | Amended
Bill Title: 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.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S03650 Detail]
Download: New_York-2015-S03650-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3650--A
Cal. No. 664
2015-2016 Regular Sessions
I N S E N A T E
February 13, 2015
___________
Introduced by Sens. ORTT, CARLUCCI -- read twice and ordered printed,
and when printed to be committed to the Committee on Mental Health and
Developmental Disabilities -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
amended and ordered reprinted, retaining its place in the order of
third reading
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 9.27 of the mental hygiene law is amended by adding
2 a new subdivision (j) to read as follows:
3 (J) WHEN THERE IS AN INITIAL INVOLUNTARY ADMITTANCE TO AN IN-PATIENT
4 FACILITY PURSUANT TO THIS SECTION, THE PERSON'S OR THE PERSON'S GUARDI-
5 AN'S CHOICE OF FACILITY SHALL BE RESPECTED; PROVIDED, HOWEVER, SUCH
6 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 TAKING INTO ACCOUNT MITIGATING FACTORS
11 INCLUDING BUT NOT LIMITED TO THE INDIVIDUAL'S ANTICIPATED DURATION OF
12 STAY, AND LEVEL OF MEDICAL EMERGENCY.
13 S 2. Section 9.39 of the mental hygiene law is amended by adding a new
14 subdivision (d) to read as follows:
15 (D) WHEN THERE IS AN INITIAL INVOLUNTARY ADMITTANCE TO AN IN-PATIENT
16 FACILITY PURSUANT TO SECTION 9.27 OF THIS ARTICLE, THE PERSON'S OR THE
17 PERSON'S GUARDIAN'S CHOICE OF FACILITY SHALL BE RESPECTED; PROVIDED,
18 HOWEVER, SUCH CHOICE SHALL BE SUBJECT TO THE FACILITY'S ABILITY TO
19 PROVIDE THE PERSON'S NECESSARY LEVEL OF CARE AND THE AVAILABILITY OF A
20 BED WITHIN A REASONABLE TIME PERIOD, AND PROVIDED THAT HONORING SUCH
21 CHOICE WOULD NOT JEOPARDIZE THE HEALTH AND SAFETY OF THE INDIVIDUAL IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07850-02-5
S. 3650--A 2
1 THE EXAMINING PHYSICIAN'S PROFESSIONAL JUDGMENT TAKING INTO ACCOUNT
2 MITIGATING FACTORS INCLUDING BUT NOT LIMITED TO THE INDIVIDUAL'S ANTIC-
3 IPATED DURATION OF STAY, AND LEVEL OF MEDICAL EMERGENCY.
4 S 3. This act shall take effect on the one hundred twentieth day after
5 it shall have become a law; provided, however, that effective immediate-
6 ly, the addition, amendment and/or repeal of any rule or regulation
7 necessary for the implementation of this act on its effective date are
8 authorized and directed to be made and completed on or before such
9 effective date.
