Bill Text: NY A03446 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that when there is an involuntary admittance to an in-patient facility, the person's or the person's guardian'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: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-01-29 - referred to alcoholism and drug abuse [A03446 Detail]

Download: New_York-2019-A03446-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3446
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Alcoholism and Drug Abuse
        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    § 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
    22  the  examining  physician's  professional  judgment  taking into account
    23  mitigating factors including but not limited to the individual's  antic-
    24  ipated duration of stay, and level of medical emergency.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05197-01-9

        A. 3446                             2
     1    § 3. This act shall take effect on the one hundred twentieth day after
     2  it shall have become a law.  Effective immediately, the addition, amend-
     3  ment and/or repeal of any rule or regulation necessary for the implemen-
     4  tation  of  this act on its effective date are authorized to be made and
     5  completed on or before such effective date.
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