Bill Text: NY A09501 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to emergency intervention for persons impaired by substances.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-04-20 - print number 9501a [A09501 Detail]
Download: New_York-2015-A09501-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9501--A IN ASSEMBLY March 10, 2016 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Mental Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to emergency inter- vention for persons impaired by substances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 22.09 of the mental hygiene law, as added by chap- 2 ter 558 of the laws of 1999, is amended to read as follows: 3 § 22.09 Emergency services for persons intoxicated, impaired, or inca- 4 pacitated by alcohol [and/or substances]. 5 (a) As used in this article: 6 1. "Intoxicated or impaired person" means a person whose mental or 7 physical functioning is substantially impaired as a result of the pres- 8 ence of alcohol [and/or substances] in his or her body. 9 2. "Incapacitated" means that a person, as a result of the use of 10 alcohol [and/or substances], is unconscious or has his or her judgment 11 otherwise so impaired that he or she is incapable of realizing and 12 making a rational decision with respect to his or her need for treat- 13 ment. 14 3. "Likelihood to result in harm" or "likely to result in harm" means 15 (i) a substantial risk of physical harm to the person as manifested by 16 threats of or attempts at suicide or serious bodily harm or other 17 conduct demonstrating that the person is dangerous to himself or 18 herself, or (ii) a substantial risk of physical harm to other persons as 19 manifested by homicidal or other violent behavior by which others are 20 placed in reasonable fear of serious physical harm. 21 4. "Hospital" means a general hospital as defined in article twenty- 22 eight of the public health law. 23 (b) An intoxicated or impaired person may come voluntarily for emer- 24 gency treatment to a chemical dependence program or treatment facility 25 authorized by the commissioner to give such emergency treatment. A 26 person who appears to be intoxicated or impaired and who consents to the 27 proffered help may be assisted by any peace officer acting pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13217-06-6A. 9501--A 2 1 his or her special duties, police officer, or by a designee of the 2 director of community services to return to his or her home, to a chemi- 3 cal dependence program or treatment facility, or to any other facility 4 authorized by the commissioner to give emergency treatment. In such 5 cases, the peace officer, police officer, or designee of the director of 6 community services shall accompany the intoxicated or impaired person in 7 a manner which is reasonably designed to assure his or her safety, as 8 set forth in regulations promulgated in accordance with subdivision (f) 9 of this section. 10 (c) A person who appears to be incapacitated by alcohol [and/or11substances] to the degree that there is a likelihood to result in harm 12 to the person or to others may be taken by a peace officer acting pursu- 13 ant to his or her special duties, or a police officer who is a member of 14 the state police or of an authorized police department or force or of a 15 sheriff's department or by the director of community services or a 16 person duly designated by him or her to a general hospital or to any 17 other place authorized by the commissioner in regulations promulgated in 18 accordance with subdivision (f) of this section to give emergency treat- 19 ment, for immediate observation, care, and emergency treatment. Every 20 reasonable effort shall be made to protect the health and safety of such 21 person, including but not limited to the requirement that the peace 22 officer, police officer, or director of community services or his or her 23 designee shall accompany the apparently incapacitated person in a manner 24 which is reasonably designed to assure his or her safety, as set forth 25 in regulations promulgated in accordance with subdivision (f) of this 26 section. 27 (d) A person who comes voluntarily or is brought without his or her 28 objection to any such facility or program in accordance with subdivision 29 (c) of this section shall be given emergency care and treatment at such 30 place if found suitable therefor by authorized personnel, or referred to 31 another suitable facility or treatment program for care and treatment, 32 or sent to his or her home. 33 (e) A person who is brought with his or her objection to any facility 34 or treatment program in accordance with subdivision (c) of this section 35 shall be examined as soon as possible by an examining physician. If such 36 examining physician determines that such person is incapacitated by 37 alcohol [and/or substances] to the degree that there is a likelihood to 38 result in harm to the person or others, he or she may be retained for 39 emergency treatment. If the examining physician determines that such 40 person is not incapacitated by alcohol [and/or substances] to the degree 41 that there is a likelihood to result in harm to the person or others, he 42 or she must be released. Notwithstanding any other law, in no event may 43 such person be retained against his or her objection beyond whichever is 44 the shorter of the following: (i) the time that he or she is no longer 45 incapacitated by alcohol [and/or substances] to the degree that there is 46 a likelihood to result in harm to the person or others or (ii) a period 47 longer than forty-eight hours. 48 1. Every reasonable effort must be made to obtain the person's consent 49 to give prompt notification of a person's retention in a facility or 50 program pursuant to this section to his or her closest relative or 51 friend, and, if requested by such person, to his or her attorney and 52 personal physician, in accordance with federal confidentiality regu- 53 lations. 54 2. A person may not be retained pursuant to this section beyond a 55 period of forty-eight hours without his or her consent. Persons suitableA. 9501--A 3 1 therefor may be voluntarily admitted to a chemical dependence program or 2 facility pursuant to this article. 3 (f) The commissioner shall promulgate regulations, after consulting 4 with representatives of appropriate law enforcement and chemical depend- 5 ence providers of services, establishing procedures for taking intoxi- 6 cated or impaired persons and persons apparently incapacitated by alco- 7 hol [and/or substances] to their residences or to appropriate public or 8 private facilities for emergency treatment and for minimizing the role 9 of the police in obtaining treatment of such persons. 10 § 2. The mental hygiene law is amended by adding a new section 22.10 11 to read as follows: 12 § 22.10 Emergency services for persons impaired or incapacitated by 13 substances. 14 (a) Definitions. As used in this article: 15 1. "Impaired person" means a person whose mental or physical function- 16 ing is substantially impaired as a result of the presence of substances 17 in his or her body. 18 2. "Incapacitated" means that a person, as a result of the use of 19 substances, is unconscious or has his or her judgment otherwise so 20 impaired that he or she is incapable of realizing and making a rational 21 decision with respect to his or her need for treatment. 22 3. "Likelihood to result in harm" or "likely to result in harm" means 23 (i) a substantial risk of physical harm to the person as manifested by 24 threats of or attempts at suicide or serious bodily harm or other 25 conduct demonstrating that the person is dangerous to himself or 26 herself, or (ii) a substantial risk of physical harm to other persons as 27 manifested by homicidal or other violent behavior by which others are 28 placed in reasonable fear of serious physical harm. 29 4. "Emergency services" means immediate voluntary or involuntary phys- 30 ical examination, assessment, care and treatment of an impaired person 31 who has become incapacitated in order to achieve stabilization and/or 32 subsequent admission to extended voluntary or involuntary treatment. 33 5. "Treatment facility" means a hospital as defined in article twen- 34 ty-eight of the public health law, or a chemical dependence program 35 facility certified or approved by the commissioner. 36 6. "Substance" shall have the same meaning as set forth in subdivision 37 thirty-nine of section 1.03 of this chapter. 38 (b) Voluntary emergency services. 1. An impaired person may come 39 voluntarily for emergency services to a chemical dependence program or 40 treatment facility authorized by the commissioner to provide such emer- 41 gency services. A person who appears to be impaired and who consents to 42 the proffered help shall be assisted by any peace officer acting pursu- 43 ant to his or her special duties, police officer, or by a designee of 44 the director of community services to return to his or her home, to a 45 chemical dependence program or treatment facility, or to any other 46 facility authorized by the commissioner to provide emergency services. 47 In such cases, the peace officer, police officer, or designee of the 48 director of community services shall accompany the impaired person in a 49 manner which is reasonably designed to assure his or her safety, as set 50 forth in regulations promulgated in accordance with subdivision (f) of 51 this section. 52 2. Consistent with subdivision (b) of section 22.07 of this article, a 53 person who appears to be incapacitated by substances to the degree that 54 there is a likelihood to result in harm to the person or to others shall 55 be taken by a peace officer acting pursuant to his or her special 56 duties, or a police officer who is a member of the state police or of anA. 9501--A 4 1 authorized police department or force or of a sheriff's department or by 2 the director of community services or a person duly designated by him or 3 her, or pursuant to petition to the director of community services 4 pursuant to subdivision (d) of this section, to a treatment facility for 5 purposes of receiving emergency services. Every reasonable effort shall 6 be made to protect the health and safety of such person, including but 7 not limited to the requirement that the peace officer, police officer, 8 or director of community services or his or her designee shall accompany 9 the apparently incapacitated person in a manner which is reasonably 10 designed to assure his or her safety, as set forth in regulations 11 promulgated in accordance with subdivision (f) of this section. 12 3. A person who comes voluntarily or is brought without his or her 13 objection to any such treatment facility in accordance with paragraph 14 two of this subdivision shall be provided emergency services at such 15 place if found suitable by authorized personnel, or referred to another 16 suitable facility or treatment program for emergency services, or sent 17 to his or her home. 18 4. A person who is brought with his or her objection to any treatment 19 facility in accordance with paragraph two of this subdivision shall be 20 examined as soon as possible by an examining physician. If such examin- 21 ing physician determines that such person is incapacitated by substances 22 to the degree that there is a likelihood to result in harm to the person 23 or others, he or she may be retained for emergency treatment to achieve 24 stabilization. If the examining physician determines that such person is 25 not incapacitated by substances to the degree that there is a likelihood 26 to result in harm to the person or others, he or she must be released. 27 Except as provided in subdivision (c) of this section, in no event may 28 such person be retained against his or her objection beyond whichever is 29 the shorter of the following: 30 (i) the time that he or she is no longer incapacitated by substances 31 to the degree that there is a likelihood to result in harm to the person 32 or others or; 33 (ii) a period longer than seventy-two hours. 34 5. Every reasonable effort must be made to obtain the person's consent 35 to give prompt notification of a person's retention in a facility or 36 program pursuant to this subdivision to his or her closest relative or 37 friend, and, if requested by such person, to his or her attorney and 38 personal physician, in accordance with federal confidentiality regu- 39 lations. 40 (c) Involuntary emergency services on certificate of a director of 41 community services or designee. 1. The director of a treatment facility 42 designated by the commissioner to provide emergency services shall upon 43 the certificate of a local director of community services or a physician 44 duly designated by the director of community services, receive and care 45 for in such facility as a patient any person who, in the opinion of the 46 director of community services or his or her designee sought by petition 47 pursuant to subdivision (d) of this section, is incapacitated such that 48 such person's use or abuse of chemical substances is likely to result in 49 harm to himself, herself or others and for whom immediate involuntary 50 emergency services is appropriate. 51 2. The need for immediate involuntary emergency services shall be 52 confirmed prior to admission by a physician affiliated with the facili- 53 ty. Excluding Sundays and holidays, if the physician recommends such 54 patient be retained for emergency services beyond seventy-two hours and 55 the patient does not agree to remain in such facility as a voluntary 56 patient, the certificate of such physician attesting that the patient isA. 9501--A 5 1 in need of extended involuntary emergency services shall be filed with 2 the facility. From the time of such patient's admission under this 3 subdivision the retention of such patient for emergency services beyond 4 seventy-two hours shall be subject to the provisions for notice, hear- 5 ing, review, and judicial approval provided by this article for the 6 admission and retention of involuntary patients, provided that, for the 7 purposes of such provisions, the date of admission of the patient shall 8 be deemed to be the date when the patient was first received in the 9 facility pursuant to this subdivision. 10 (d) Petition to local director of community services for voluntary or 11 involuntary emergency services. 1. A petition for emergency services may 12 be sought for an adult or for a minor by petition to a local govern- 13 mental unit's director of community services in accordance with this 14 subdivision. Any one of the following persons may petition the director 15 of community services: 16 (i) in the case of an adult, a physician, the person's spouse or guar- 17 dian, any relative of the person, or any other adult who has personal 18 knowledge of a person's substance abuse impairment; or 19 (ii) in the case of a minor, the minor's parent, legal guardian, or 20 legal custodian. 21 2. Petition for admission of a patient to a treatment facility for 22 emergency services pursuant to this section shall be based upon a 23 personal examination by a director of community services or his or her 24 designee. It shall be in writing and shall be filed with the director of 25 a facility at the time of the patient's reception, together with a 26 statement in a form prescribed by the commissioner giving such informa- 27 tion as he or she may deem appropriate. A petition for admission for 28 emergency services must establish the reason the petitioner believes 29 that there is a likelihood to result in harm to the person or others 30 unless he or she is admitted for immediate emergency services. A peti- 31 tion must include: 32 (i) the name of the person to be admitted, the name and signature of 33 the petitioner, the relationship between the person to be admitted and 34 the applicant; and 35 (ii) the reason the petitioner believes that because of such impair- 36 ment the person has lost the power of self-control with respect to 37 substance abuse; and 38 (iii) the reason the petitioner believes that the person's refusal to 39 voluntarily receive emergency services is based on judgement so impaired 40 by reason of substance abuse that he or she is incapable of appreciating 41 his or her need for such services and of making a rational decision 42 regarding his or her need for services. 43 3. Upon receipt of such petition, the director of community services 44 or a person duly designated by him or her shall review such petition and 45 may take actions pursuant to subdivisions (b) or (c) of this section. 46 (e) Each person admitted to a treatment facility for emergency 47 services pursuant to this section shall be provided with written notice 48 regarding patient rights pursuant to section 22.03 of this article, 49 access to his or her personal attorney upon request, and notice as to 50 the availability of the mental hygiene legal service for legal counsel 51 and shall be provided access to the service upon request. 52 (f) The commissioner shall promulgate regulations establishing proce- 53 dures for taking intoxicated or impaired persons and persons apparently 54 incapacitated by alcohol and/or substances to their residence or to 55 appropriate public or private treatment facilities for emergencyA. 9501--A 6 1 services and minimizing the role of the police in obtaining treatment of 2 such persons. 3 § 3. The mental hygiene law is amended by adding a new section 22.13 4 to read as follows: 5 § 22.13 Court authorization to retain an involuntary patient. 6 (a) If the director of a facility shall determine that a patient 7 admitted pursuant to subdivision (c) of section 22.10 of this article, 8 for whom there is no prior court order authorizing retention for a spec- 9 ified period, is in need of retention beyond seventy-two hours and if 10 such patient does not agree to remain in such facility as a voluntary 11 patient, the director shall apply to the supreme court or the county 12 court in the county where the facility is located for an order authoriz- 13 ing continued retention. The facility is authorized to retain the 14 patient for seventy-two hours or during the period in which the applica- 15 tion may be pending, such period not to exceed ninety days. The director 16 shall cause written notice of such application to be given to the 17 patient and a copy thereof shall be given personally or by mail to any 18 persons required by this article to be served with notice of such 19 patient's initial admission and to the mental hygiene legal service. 20 Such notice shall state that a hearing may be requested by the patient 21 or the service and that failure to make such a request within five days, 22 excluding Sunday and holidays, from the date that the notice was given 23 to the patient will permit the entry without a hearing of an order 24 authorizing retention for a period not to exceed ninety days from the 25 date of the order, provided the court is satisfied that the patient 26 requires continued retention. 27 (b) Upon the demand of the patient or of anyone on his or her behalf 28 or upon request of the mental hygiene legal service, the court shall, or 29 may on its own motion, fix a date for the hearing of the application 30 pursuant to court procedure in the jurisdiction of the facility. 31 (c) Except as provided in subdivision (a) of this section a person may 32 not be retained beyond a period of ninety days without his or her 33 consent. Persons suitable therefor may be voluntarily admitted to a 34 chemical dependence program or facility pursuant to this article. 35 § 4. Subdivision (d) of section 22.11 of the mental hygiene law, as 36 added by chapter 558 of the laws of 1999, is amended to read as follows: 37 (d) Inpatient or residential treatment. 1. [Admission] Voluntary 38 admission procedures. (i) A copy of the patient's rights established 39 under this section and under section 22.03 of this article shall be 40 given and explained to the minor and to the minor's consenting parent or 41 guardian at the time of admission by the director of the facility or 42 such person's designee. 43 (ii) The minor shall be required to sign a form indicating that the 44 treatment is being voluntarily sought, and that he or she has been 45 advised of his or her ability to access the mental hygiene legal service 46 and of his or her rights under this section and section 22.03 of this 47 article. The signed form shall be included in the minor's medical 48 record. 49 (iii) At the time of admission, any minor so admitted shall be 50 informed by the director of the facility or the director's designee, 51 orally and in writing, of the minor's right to be discharged in accord- 52 ance with the provisions of this [section] subdivision within twenty- 53 four hours of his or her making a request therefor. 54 (iv) Emergency contacts. 55 (A) At the time of admission, the provider of services shall use its 56 best efforts to obtain from the minor's consenting parent or guardian aA. 9501--A 7 1 telephone number or numbers where he or she may be reached by the facil- 2 ity at any time during the day or night. In addition, such provider of 3 services shall also use its best efforts to obtain from the parent or 4 guardian a name, address and appropriate telephone number or numbers of 5 an adult designated by such parent or guardian as an emergency contact 6 person in the event the facility is unable to reach such parent or guar- 7 dian. 8 (B) If the minor is admitted in accordance with subdivision (c) of 9 this section, the provider of services shall use its best efforts to 10 obtain from the minor the name, address, and telephone number of an 11 adult who may serve as an emergency contact, and the facility shall 12 verify the existence and availability of such contact upon notice to and 13 with the prior written consent of the minor. 14 (C) Failure to obtain emergency contacts, after reasonable effort, in 15 accordance with this section shall not preclude admission of the minor 16 to treatment. 17 (v) Notice of admission and discharge procedures. 18 (A) A copy of the facility's admission and discharge procedures shall 19 be provided to the minor and to the minor's consenting parent or guardi- 20 an at the time of admission by the director of the facility or such 21 person's designee. Such information shall also be mailed to the desig- 22 nated emergency contact person by regular mail. 23 (B) If the minor is admitted in accordance with subdivision (c) of 24 this section, a copy of the facility's admission and discharge proce- 25 dures shall be provided to the minor. Such information shall also be 26 mailed to the designated emergency contact person by regular mail. 27 (vi) Each minor admitted for inpatient or residential chemical depend- 28 ence treatment pursuant to this subdivision shall be provided with writ- 29 ten notice regarding the availability of the mental hygiene legal 30 service for legal counsel, and shall be provided access to the service 31 upon request. 32 2. Involuntary admission procedures. (i) Minors admitted pursuant to 33 section 22.10 of this article shall be provided with written notice 34 regarding the availability of the mental hygiene legal service for legal 35 counsel, and shall be provided access to the service upon request. 36 (ii) No minor receiving involuntary inpatient emergency services 37 pursuant to subdivision (c) of section 22.10 of this article may be 38 discharged from the program prior to seventy-two hours based solely on 39 his or her request. 40 (iii) A copy of the patient's rights established under this section 41 and under section 22.03 of this article shall be given and explained to 42 the minor and to the minor's consenting parent or guardian at the time 43 of admission by the director of the facility or such person's designee. 44 (iv) The minor shall be required to sign a form indicating that he or 45 she has been advised of his or her ability to access the mental hygiene 46 legal service and of his or her rights under this section and section 47 22.03 of this article. The signed form shall be included in the minor's 48 medical record. 49 3. Discharge procedures. All minors admitted pursuant to this subdivi- 50 sion shall be discharged in accordance with the following: 51 (i) [Any minor admitted to an inpatient or residential chemical52dependence treatment facility has the right to be discharged within53twenty-four hours of his or her request in accordance with the54provisions of this subdivision.55(ii)] If discharge is requested prior to completion of a minor's 56 treatment plan, such minor must request discharge in writing.A. 9501--A 8 1 (A) Upon receipt of any form of written request for discharge, the 2 director of the facility in which the minor is admitted shall immediate- 3 ly notify the minor's parent or guardian. If the facility is unable to 4 contact such parent or guardian within a reasonable time, or if the 5 minor has been admitted pursuant to subdivision (c) of this section, the 6 facility shall notify the designated emergency contact person. 7 (B) The minor shall not be discharged from such facility until it is 8 determined: 9 (1) that the safety and well being of such minor will not be threat- 10 ened [or the expiration of twenty-four hours, whichever is sooner]; [or] 11 (2) that the minor's parent or guardian consents to the release of 12 such minor; and 13 (3) that the parent, guardian, or designated emergency contact person 14 has made appropriate and timely departure arrangements with the facili- 15 ty. [However, unless otherwise directed by the minor's parent or guardi-16an or designated emergency contact person pursuant to this item, such17minor shall be discharged within twenty-four hours after submission of18the request.19(iii)] (ii) Writing materials for use in requesting a discharge shall 20 be made available at all times to all minors admitted under this 21 section. 22 (iii) The staff of the facility shall assist such minors in preparing 23 or submitting requests for discharge. 24 § 5. This act shall take effect immediately.