Bill Text: NY A01603 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes nurse practitioners to admit a patient to an inpatient mental health unit on a voluntary or involuntary basis.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2012-03-01 - print number 1603a [A01603 Detail]
Download: New_York-2011-A01603-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1603
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. ORTIZ, GOTTFRIED, REILLY, COLTON, HOOPER -- read
once and referred to the Committee on Higher Education
AN ACT to amend the mental hygiene law, in relation to authorizing nurse
practitioners to admit a patient to an inpatient mental health unit on
a voluntary or involuntary basis
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1.03 of the mental hygiene law is amended by adding
2 a new subdivision 9-a to read as follows:
3 9-A. "NURSE PRACTITIONER" MEANS A CERTIFIED NURSE PRACTITIONER ACTING
4 WITHIN HIS OR HER LAWFUL SCOPE OF PRACTICE.
5 S 2. The section heading, the opening paragraph of subdivision (a) and
6 subdivision (b) of section 9.05 of the mental hygiene law, such section
7 as renumbered by chapter 978 and the laws of 1977, are amended to read
8 as follows:
9 Examining physicians and NURSE PRACTITIONERS AND medical certificates.
10 A person is disqualified from acting as an examining physician OR
11 NURSE PRACTITIONER in the following cases:
12 (b) A certificate, as required by this article, must show that the
13 person is mentally ill and shall be based on an examination of the
14 person alleged to be mentally ill made within ten days prior to the date
15 of admission. The date of the certificate shall be the date of such
16 examination. All certificates shall contain the facts and circumstances
17 upon which the judgment of the physicians OR NURSE PRACTITIONER is based
18 and shall show that the condition of the person examined is such that he
19 OR SHE needs involuntary care and treatment in a hospital and such other
20 information as the commissioner may by regulation require.
21 S 3. Subdivision (a) of section 9.27 of the mental hygiene law, such
22 section as renumbered by chapter 978 of the laws of 1977, is amended to
23 read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03971-01-1
A. 1603 2
1 (a) The director of a hospital may receive and retain therein as a
2 patient any person alleged to be mentally ill and in need of involuntary
3 care and treatment upon the certificates of two examining physicians OR
4 NURSE PRACTITIONERS, accompanied by an application for the admission of
5 such person. The examination may be conducted jointly but each examining
6 physician OR NURSE PRACTITIONER shall execute a separate certificate.
7 S 4. Subdivisions (b) and (c) of section 9.40 of the mental hygiene
8 law, as added by chapter 723 of the laws of 1989, are amended to read as
9 follows:
10 (b) The director shall cause examination of such persons to be initi-
11 ated by a staff physician OR NURSE PRACTITIONER of the program as soon
12 as practicable and in any event within six hours after the person is
13 received into the program's emergency room. Such person may be retained
14 for observation, care and treatment and further examination for up to
15 twenty-four hours if, at the conclusion of such examination, such physi-
16 cian OR NURSE PRACTITIONER determines that such person may have a mental
17 illness for which immediate observation, care and treatment in a compre-
18 hensive psychiatric emergency program is appropriate, and which is like-
19 ly to result in serious harm to the person or others.
20 (c) No person shall be involuntarily retained in accordance with this
21 section for more than twenty-four hours, unless (i) within that time the
22 determination of the examining staff physician OR NURSE PRACTITIONER has
23 been confirmed after examination by another physician OR NURSE PRACTI-
24 TIONER who is a member of the psychiatric staff of the program and (ii)
25 the person is admitted to an extended observation bed, as such term is
26 defined in section 31.27 of this chapter. At the time of admission to an
27 extended observation bed, such person shall be served with written
28 notice of his status and rights as a patient under this section. Such
29 notice shall contain the patient's name. The notice shall be provided to
30 the same persons and in the manner as if provided pursuant to subdivi-
31 sion (a) of section 9.39 of this article. Written requests for court
32 hearings on the question of need for immediate observation, care and
33 treatment shall be made, and court hearings shall be scheduled and held,
34 in the manner provided pursuant to subdivision (a) of section 9.39 of
35 this article, provided however, if a person is removed or admitted to a
36 hospital pursuant to subdivision (e) or (f) of this section the director
37 of such hospital shall be substituted for the director of the comprehen-
38 sive psychiatric emergency program in all legal proceedings regarding
39 the continued retention of the person.
40 S 5. Section 9.55 of the mental hygiene law, as amended by chapter 598
41 of the laws of 1994, is amended to read as follows:
42 S 9.55 Emergency admissions for immediate observation, care and treat-
43 ment; powers of qualified psychiatrists OR NURSE PRACTITION-
44 ERS.
45 A qualified psychiatrist OR NURSE PRACTITIONER shall have the power to
46 direct the removal of any person, whose treatment for a mental illness
47 he or she is either supervising or providing in a facility licensed or
48 operated by the office of mental health which does not have an inpatient
49 psychiatric service, to a hospital approved by the commissioner pursuant
50 to subdivision (a) of section 9.39 of this article or to a comprehensive
51 psychiatric emergency program, if he or she determines upon examination
52 of such person that such person appears to have a mental illness for
53 which immediate observation, care and treatment in a hospital is appro-
54 priate and which is likely to result in serious harm to himself or
55 herself or others. Upon the request of such qualified psychiatrist OR
56 NURSE PRACTITIONER, peace officers, when acting pursuant to their
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1 special duties, or police officers, who are members of an authorized
2 police department or force or of a sheriff's department shall take into
3 custody and transport any such person. Upon the request of a qualified
4 psychiatrist OR NURSE PRACTITIONER an ambulance service, as defined by
5 subdivision two of section three thousand one of the public health law,
6 is authorized to transport any such person. Such person may then be
7 admitted to a hospital in accordance with the provisions of section 9.39
8 of this article or to a comprehensive psychiatric emergency program in
9 accordance with the provisions of section 9.40 of this article.
10 S 6. Section 9.55 of the mental hygiene law, as amended by chapter 847
11 of the laws of 1987, is amended to read as follows:
12 S 9.55 Emergency admissions for immediate observation, care and treat-
13 ment; powers of qualified psychiatrists OR NURSE PRACTITION-
14 ERS.
15 A qualified psychiatrist OR NURSE PRACTITIONER shall have the power to
16 direct the removal of any person, whose treatment for a mental illness
17 he OR SHE is either supervising or providing in a facility licensed or
18 operated by the office of mental health which does not have an inpatient
19 psychiatric service, to a hospital approved by the commissioner pursuant
20 to subdivision (a) of section 9.39 of this article, if he OR SHE deter-
21 mines upon examination of such person that such person appears to have a
22 mental illness for which immediate observation, care and treatment in a
23 hospital is appropriate and which is likely to result in serious harm to
24 himself OR HERSELF or others, as defined in section 9.39 of this arti-
25 cle. Upon the request of such qualified psychiatrist OR NURSE PRACTI-
26 TIONER, peace officers, when acting pursuant to their special duties, or
27 police officers, who are members of an authorized police department or
28 force or of a sheriff's department shall take into custody and transport
29 any such person. Upon the request of a qualified psychiatrist OR NURSE
30 PRACTITIONER an ambulance service, as defined by subdivision two of
31 section three thousand one of the public health law, is authorized to
32 transport any such person. Such person may then be admitted in accord-
33 ance with the provisions of section 9.39 of this article.
34 S 7. Section 9.57 of the mental hygiene law, as amended by chapter 598
35 of the laws of 1994, is amended to read as follows:
36 S 9.57 Emergency admissions for immediate observation, care and treat-
37 ment; powers of emergency room physicians OR NURSE PRACTI-
38 TIONERS.
39 A physician OR NURSE PRACTITIONER who has examined a person in an
40 emergency room or provided emergency medical services at a general
41 hospital, as defined in article twenty-eight of the public health law,
42 which does not have an inpatient psychiatric service, or a physician OR
43 NURSE PRACTITIONER who has examined a person in a comprehensive psychi-
44 atric emergency program shall be authorized to request that the director
45 of the program or hospital, or the director's designee, direct the
46 removal of such person to a hospital approved by the commissioner pursu-
47 ant to subdivision (a) of section 9.39 of this article or to a compre-
48 hensive psychiatric emergency program, if the physician OR NURSE PRACTI-
49 TIONER determines upon examination of such person that such person
50 appears to have a mental illness for which immediate care and treatment
51 in a hospital is appropriate and which is likely to result in serious
52 harm to himself or others. Upon the request of the physician OR NURSE
53 PRACTITIONER, the director of the program or hospital or the director's
54 designee, is authorized to direct peace officers, when acting pursuant
55 to their special duties, or police officers, who are members of an
56 authorized police department or force or of a sheriff's department to
A. 1603 4
1 take into custody and transport any such person. Upon the request of an
2 emergency room physician, A NURSE PRACTITIONER, or the director of the
3 program or hospital, or the director's designee, an ambulance service,
4 as defined by subdivision two of section three thousand one of the
5 public health law, is authorized to take into custody and transport any
6 such person. Such person may then be admitted to a hospital in accord-
7 ance with the provisions of section 9.39 of this article or to a compre-
8 hensive psychiatric emergency program in accordance with the provisions
9 of section 9.40 of this article.
10 S 8. Section 9.57 of the mental hygiene law, as amended by chapter 847
11 of the laws of 1987, is amended to read as follows:
12 S 9.57 Emergency admissions for immediate observation, care and treat-
13 ment; powers of emergency room physicians OR NURSE PRACTI-
14 TIONERS.
15 A physician OR NURSE PRACTITIONER who has examined a person in an
16 emergency room or provided emergency medical services at a general
17 hospital, as defined in article twenty-eight of the public health law,
18 which does not have an inpatient psychiatric service, shall be author-
19 ized to request that the director of the hospital, or his OR HER desig-
20 nee, direct the removal of such person to a hospital approved by the
21 commissioner pursuant to subdivision (a) of section 9.39 of this arti-
22 cle, if the physician OR NURSE PRACTITIONER determines upon examination
23 of such person that such person appears to have a mental illness for
24 which immediate care and treatment in a hospital is appropriate and
25 which is likely to result in serious harm to himself OR HERSELF or
26 others, as defined in section 9.39 of this article. Upon the request of
27 the physician OR NURSE PRACTITIONER, the director of the hospital or his
28 OR HER designee, is authorized to direct peace officers, when acting
29 pursuant to their special duties, or police officers, who are members of
30 an authorized police department or force or of a sheriff's department to
31 take into custody and transport any such person. Upon the request of an
32 emergency room physician, A NURSE PRACTITIONER, or the director of the
33 hospital, or his OR HER designee, an ambulance service, as defined by
34 subdivision two of section three thousand one of the public health law,
35 is authorized to take into custody and transport any such person. Such
36 person may then be admitted in accordance with the provisions of section
37 9.39 of this article.
38 S 9. Subparagraph (v) of paragraph 1 and paragraphs 3 and 4 of subdi-
39 vision (e) and subdivisions (h), (i), (k) and (n) of section 9.60 of the
40 mental hygiene law, as amended and paragraph 4 of subdivision (e) as
41 added by chapter 158 of the laws of 2005, are amended to read as
42 follows:
43 (v) a qualified psychiatrist OR NURSE PRACTITIONER who is either
44 supervising the treatment of or treating the subject of the petition for
45 a mental illness; or
46 (3) The petition shall be accompanied by an affirmation or affidavit
47 of a physician OR NURSE PRACTITIONER, who shall not be the petitioner,
48 stating either that:
49 (i) such physician OR NURSE PRACTITIONER has personally examined the
50 subject of the petition no more than ten days prior to the submission of
51 the petition, recommends assisted outpatient treatment for the subject
52 of the petition, and is willing and able to testify at the hearing on
53 the petition; or
54 (ii) no more than ten days prior to the filing of the petition, such
55 physician OR NURSE PRACTITIONER or his or her designee has made appro-
56 priate attempts but has not been successful in eliciting the cooperation
A. 1603 5
1 of the subject of the petition to submit to an examination, such physi-
2 cian OR NURSE PRACTITIONER has reason to suspect that the subject of the
3 petition meets the criteria for assisted outpatient treatment, and such
4 physician OR NURSE PRACTITIONER is willing and able to examine the
5 subject of the petition and testify at the hearing on the petition.
6 (4) In counties with a population of less than seventy-five thousand,
7 the affirmation or affidavit required by paragraph three of this subdi-
8 vision may be made by a physician OR NURSE PRACTITIONER who is an
9 employee of the office. The office is authorized to make available, at
10 no cost to the county, a qualified physician OR NURSE PRACTITIONER for
11 the purpose of making such affirmation or affidavit consistent with the
12 provisions of such paragraph.
13 (h) Hearing. (1) Upon receipt of the petition, the court shall fix the
14 date for a hearing. Such date shall be no later than three days from the
15 date such petition is received by the court, excluding Saturdays,
16 Sundays and holidays. Adjournments shall be permitted only for good
17 cause shown. In granting adjournments, the court shall consider the need
18 for further examination by a physician OR NURSE PRACTITIONER or the
19 potential need to provide assisted outpatient treatment expeditiously.
20 The court shall cause the subject of the petition, any other person
21 receiving notice pursuant to subdivision (f) of this section, the peti-
22 tioner, the physician OR NURSE PRACTITIONER whose affirmation or affida-
23 vit accompanied the petition, and such other persons as the court may
24 determine to be advised of such date. Upon such date, or upon such other
25 date to which the proceeding may be adjourned, the court shall hear
26 testimony and, if it be deemed advisable and the subject of the petition
27 is available, examine the subject of the petition in or out of court. If
28 the subject of the petition does not appear at the hearing, and appro-
29 priate attempts to elicit the attendance of the subject have failed, the
30 court may conduct the hearing in the subject's absence. In such case,
31 the court shall set forth the factual basis for conducting the hearing
32 without the presence of the subject of the petition.
33 (2) The court shall not order assisted outpatient treatment unless an
34 examining physician OR NURSE PRACTITIONER, who recommends assisted
35 outpatient treatment and has personally examined the subject of the
36 petition no more than ten days before the filing of the petition, testi-
37 fies in person at the hearing. Such physician OR NURSE PRACTITIONER
38 shall state the facts and clinical determinations which support the
39 allegation that the subject of the petition meets each of the criteria
40 for assisted outpatient treatment.
41 (3) If the subject of the petition has refused to be examined by a
42 physician OR NURSE PRACTITIONER, the court may request the subject to
43 consent to an examination by a physician OR NURSE PRACTITIONER appointed
44 by the court. If the subject of the petition does not consent and the
45 court finds reasonable cause to believe that the allegations in the
46 petition are true, the court may order peace officers, acting pursuant
47 to their special duties, or police officers who are members of an
48 authorized police department or force, or of a sheriff's department to
49 take the subject of the petition into custody and transport him or her
50 to a hospital for examination by a physician. Retention of the subject
51 of the petition under such order shall not exceed twenty-four hours. The
52 examination of the subject of the petition may be performed by the
53 physician OR NURSE PRACTITIONER whose affirmation or affidavit accompa-
54 nied the petition pursuant to paragraph three of subdivision (e) of this
55 section, if such physician OR NURSE PRACTITIONER is privileged by such
56 hospital or otherwise authorized by such hospital to do so. If such
A. 1603 6
1 examination is performed by another physician OR NURSE PRACTITIONER, the
2 examining physician OR NURSE PRACTITIONER may consult with the physician
3 OR NURSE PRACTITIONER whose affirmation or affidavit accompanied the
4 petition as to whether the subject meets the criteria for assisted
5 outpatient treatment.
6 (4) A physician OR NURSE PRACTITIONER who testifies pursuant to para-
7 graph two of this subdivision shall state: (i) the facts which support
8 the allegation that the subject meets each of the criteria for assisted
9 outpatient treatment, (ii) that the treatment is the least restrictive
10 alternative, (iii) the recommended assisted outpatient treatment, and
11 (iv) the rationale for the recommended assisted outpatient treatment. If
12 the recommended assisted outpatient treatment includes medication, such
13 physician's OR NURSE PRACTITIONER'S testimony shall describe the types
14 or classes of medication which should be authorized, shall describe the
15 beneficial and detrimental physical and mental effects of such medica-
16 tion, and shall recommend whether such medication should be self-admin-
17 istered or administered by authorized personnel.
18 (5) The subject of the petition shall be afforded an opportunity to
19 present evidence, to call witnesses on his or her behalf, and to cross-
20 examine adverse witnesses.
21 (i) Written treatment plan. (1) The court shall not order assisted
22 outpatient treatment unless a physician OR NURSE PRACTITIONER appointed
23 by the appropriate director, in consultation with such director, devel-
24 ops and provides to the court a proposed written treatment plan. The
25 written treatment plan shall include case management services or asser-
26 tive community treatment team services to provide care coordination. The
27 written treatment plan also shall include all categories of services, as
28 set forth in paragraph one of subdivision (a) of this section, which
29 such physician OR NURSE PRACTITIONER recommends that the subject of the
30 petition receive. All service providers shall be notified regarding
31 their inclusion in the written treatment plan. If the written treatment
32 plan includes medication, it shall state whether such medication should
33 be self-administered or administered by authorized personnel, and shall
34 specify type and dosage range of medication most likely to provide maxi-
35 mum benefit for the subject. If the written treatment plan includes
36 alcohol or substance abuse counseling and treatment, such plan may
37 include a provision requiring relevant testing for either alcohol or
38 illegal substances provided the physician's OR NURSE PRACTITIONER'S
39 clinical basis for recommending such plan provides sufficient facts for
40 the court to find (i) that such person has a history of alcohol or
41 substance abuse that is clinically related to the mental illness; and
42 (ii) that such testing is necessary to prevent a relapse or deteri-
43 oration which would be likely to result in serious harm to the person or
44 others. If a director is the petitioner, the written treatment plan
45 shall be provided to the court no later than the date of the hearing on
46 the petition. If a person other than a director is the petitioner, such
47 plan shall be provided to the court no later than the date set by the
48 court pursuant to paragraph three of subdivision (j) of this section.
49 (2) The physician OR NURSE PRACTITIONER appointed to develop the writ-
50 ten treatment plan shall provide the following persons with an opportu-
51 nity to actively participate in the development of such plan: the
52 subject of the petition; the treating physician OR NURSE PRACTITIONER,
53 if any; and upon the request of the subject of the petition, an individ-
54 ual significant to the subject including any relative, close friend or
55 individual otherwise concerned with the welfare of the subject. If the
56 subject of the petition has executed a health care proxy, the appointed
A. 1603 7
1 physician OR NURSE PRACTITIONER shall consider any directions included
2 in such proxy in developing the written treatment plan.
3 (3) The court shall not order assisted outpatient treatment unless a
4 physician OR NURSE PRACTITIONER appearing on behalf of a director testi-
5 fies to explain the written proposed treatment plan. Such physician OR
6 NURSE PRACTITIONER shall state the categories of assisted outpatient
7 treatment recommended, the rationale for each such category, facts which
8 establish that such treatment is the least restrictive alternative, and,
9 if the recommended assisted outpatient treatment plan includes medica-
10 tion, such physician OR NURSE PRACTITIONER shall state the types or
11 classes of medication recommended, the beneficial and detrimental phys-
12 ical and mental effects of such medication, and whether such medication
13 should be self-administered or administered by an authorized profes-
14 sional. If the subject of the petition has executed a health care proxy,
15 such physician OR NURSE PRACTITIONER shall state the consideration given
16 to any directions included in such proxy in developing the written
17 treatment plan. If a director is the petitioner, testimony pursuant to
18 this paragraph shall be given at the hearing on the petition. If a
19 person other than a director is the petitioner, such testimony shall be
20 given on the date set by the court pursuant to paragraph three of subdi-
21 vision (j) of this section.
22 (k) Petition for additional periods of treatment. Within thirty days
23 prior to the expiration of an order of assisted outpatient treatment,
24 the appropriate director or the current petitioner, if the current peti-
25 tion was filed pursuant to subparagraph (i) or (ii) of paragraph one of
26 subdivision (e) of this section, and the current petitioner retains his
27 or her original status pursuant to the applicable subparagraph, may
28 petition the court to order continued assisted outpatient treatment for
29 a period not to exceed one year from the expiration date of the current
30 order. If the court's disposition of such petition does not occur prior
31 to the expiration date of the current order, the current order shall
32 remain in effect until such disposition. The procedures for obtaining
33 any order pursuant to this subdivision shall be in accordance with the
34 provisions of the foregoing subdivisions of this section; provided that
35 the time restrictions included in paragraph four of subdivision (c) of
36 this section shall not be applicable. The notice provisions set forth in
37 paragraph six of subdivision (j) of this section shall be applicable.
38 Any court order requiring periodic blood tests or urinalysis for the
39 presence of alcohol or illegal drugs shall be subject to review after
40 six months by the physician OR NURSE PRACTITIONER who developed the
41 written treatment plan or another physician OR NURSE PRACTITIONER desig-
42 nated by the director, and such physician OR NURSE PRACTITIONER shall be
43 authorized to terminate such blood tests or urinalysis without further
44 action by the court.
45 (n) Failure to comply with assisted outpatient treatment. Where in the
46 clinical judgment of a physician OR NURSE PRACTITIONER, (i) the assisted
47 outpatient, has failed or refused to comply with the assisted outpatient
48 treatment, (ii) efforts were made to solicit compliance, and (iii) such
49 assisted outpatient may be in need of involuntary admission to a hospi-
50 tal pursuant to section 9.27 of this article or immediate observation,
51 care and treatment pursuant to section 9.39 or 9.40 of this article,
52 such physician OR NURSE PRACTITIONER may request the director of commu-
53 nity services, the director's designee, or any physician OR NURSE PRAC-
54 TITIONER designated by the director of community services pursuant to
55 section 9.37 of this article, to direct the removal of such assisted
56 outpatient to an appropriate hospital for an examination to determine if
A. 1603 8
1 such person has a mental illness for which hospitalization is necessary
2 pursuant to section 9.27, 9.39 or 9.40 of this article. Furthermore, if
3 such assisted outpatient refuses to take medications as required by the
4 court order, or he or she refuses to take, or fails a blood test, urina-
5 lysis, or alcohol or drug test as required by the court order, such
6 physician OR NURSE PRACTITIONER may consider such refusal or failure
7 when determining whether the assisted outpatient is in need of an exam-
8 ination to determine whether he or she has a mental illness for which
9 hospitalization is necessary. Upon the request of such physician OR
10 NURSE PRACTITIONER, the director, the director's designee, or any physi-
11 cian OR NURSE PRACTITIONER designated pursuant to section 9.37 of this
12 article, may direct peace officers, acting pursuant to their special
13 duties, or police officers who are members of an authorized police
14 department or force or of a sheriff's department to take the assisted
15 outpatient into custody and transport him or her to the hospital operat-
16 ing the assisted outpatient treatment program or to any hospital author-
17 ized by the director of community services to receive such persons. Such
18 law enforcement officials shall carry out such directive. Upon the
19 request of such physician OR NURSE PRACTITIONER, the director, the
20 director's designee, or any physician OR NURSE PRACTITIONER designated
21 pursuant to section 9.37 of this article, an ambulance service, as
22 defined by subdivision two of section three thousand one of the public
23 health law, or an approved mobile crisis outreach team as defined in
24 section 9.58 of this article shall be authorized to take into custody
25 and transport any such person to the hospital operating the assisted
26 outpatient treatment program, or to any other hospital authorized by the
27 director of community services to receive such persons. Any director of
28 community services, or designee, shall be authorized to direct the
29 removal of an assisted outpatient who is present in his or her county to
30 an appropriate hospital, in accordance with the provisions of this
31 subdivision, based upon a determination of the appropriate director of
32 community services directing the removal of such assisted outpatient
33 pursuant to this subdivision. Such person may be retained for observa-
34 tion, care and treatment and further examination in the hospital for up
35 to seventy-two hours to permit a physician OR NURSE PRACTITIONER to
36 determine whether such person has a mental illness and is in need of
37 involuntary care and treatment in a hospital pursuant to the provisions
38 of this article. Any continued involuntary retention in such hospital
39 beyond the initial seventy-two hour period shall be in accordance with
40 the provisions of this article relating to the involuntary admission and
41 retention of a person. If at any time during the seventy-two hour period
42 the person is determined not to meet the involuntary admission and
43 retention provisions of this article, and does not agree to stay in the
44 hospital as a voluntary or informal patient, he or she must be released.
45 Failure to comply with an order of assisted outpatient treatment shall
46 not be grounds for involuntary civil commitment or a finding of contempt
47 of court.
48 S 10. This act shall take effect immediately; provided, however, that
49 1. The amendments to subdivisions (b) and (c) of section 9.40 of the
50 mental hygiene law made by section four of this act shall not affect the
51 repeal of such section and shall be deemed repealed therewith;
52 2. The amendments to sections 9.55 and 9.57 of the mental hygiene law
53 made by sections five and seven of this act shall be subject to the
54 expiration and reversion of such sections pursuant to section 21 of
55 chapter 723 of the laws of 1989, as amended, when upon such date the
56 provisions of sections six and eight of this act shall take effect;
A. 1603 9
1 3. The amendments to section 9.60 of the mental hygiene law made by
2 section nine of this act shall not affect the repeal of such section and
3 shall be deemed repealed therewith.
