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 - Dead) 2020-01-08 - 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. LBD05197-01-9A. 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.