Bill Text: NY S06154 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to involuntary care and treatment and to whom an application for such admission is made.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-06-21 - SUBSTITUTED BY A7604 [S06154 Detail]

Download: New_York-2017-S06154-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6154
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  ORTT  -- (at request of the Office for People with
          Developmental Disabilities) -- read twice  and  ordered  printed,  and
          when  printed  to  be  committed to the Committee on Mental Health and
          Developmental Disabilities
        AN ACT to amend the mental hygiene law, in relation to the definition of
          "in need of involuntary care and treatment" and to whom an application
          for such admission is made
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  third undesignated paragraph of section 15.01 of the
     2  mental hygiene law, as renumbered by chapter 978 of the laws of 1977, is
     3  amended to read as follows:
     4    "in need of involuntary care and treatment" means that a person is  in
     5  need  of  in-patient  care and treatment as a resident in a school, that
     6  such care and treatment is essential to his or her welfare, and that his
     7  or her judgment is so impaired that he or she is  unable  to  understand
     8  the need for such care and treatment and that he or she poses a real and
     9  present  risk  of  substantial  physical  harm  to himself or herself or
    10  others.
    11    § 2. Subsection (a) of section 15.27 of the  mental  hygiene  law,  as
    12  amended  by  chapter  37  of  the  laws  of  2011, is amended to read as
    13  follows:
    14    (a) [The director of a school] The commissioner may receive and retain
    15  [therein] in a school, as a resident any person alleged to have a devel-
    16  opmental disability and be in need of  involuntary  care  and  treatment
    17  upon  the  certificates  of two examining physicians or of one examining
    18  physician and one certified psychologist, accompanied by an  application
    19  for  the  admission  of  such  person.  The examination may be conducted
    20  jointly but each examiner shall execute a separate certificate.
    21    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10120-02-7