Bill Text: NY A10627 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to the amount of time a person incapacitated by alcohol and/or substances, to the degree that there is a likelihood it will result in harm to the person or others, shall be retained without giving consent.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-08 - referred to alcoholism and drug abuse [A10627 Detail]

Download: New_York-2015-A10627-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10627
                   IN ASSEMBLY
                                      June 8, 2016
                                       ___________
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
          read once and referred to the Committee on Alcoholism and Drug Abuse
        AN ACT to amend the mental hygiene law, in relation  to  the  amount  of
          time  persons  who  are incapacitated by alcohol and/or substances, to
          the degree that there is a likelihood it will result in  harm  to  the
          person or others, may be retained without giving consent
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (e) of section 22.09 of the mental hygiene law,
     2  as added by chapter 558 of the laws of  1999,  is  amended  to  read  as
     3  follows:
     4    (e)  A person who is brought with his or her objection to any facility
     5  or treatment program in accordance with subdivision (c) of this  section
     6  shall be examined as soon as possible by an examining physician. If such
     7  examining  physician  determines  that  such  person is incapacitated by
     8  alcohol and/or substances to the degree that there is  a  likelihood  to
     9  result  in  harm  to  the  person  or  others,  he or she [may] shall be
    10  retained for emergency treatment. If the examining physician  determines
    11  that  such  person  is not incapacitated by alcohol and/or substances to
    12  the degree that there is a likelihood to result in harm to the person or
    13  others, he or she [must] may be released. Notwithstanding any other law,
    14  in no event may such person be retained against  his  or  her  objection
    15  [beyond  whichever is the shorter of the following: (i) the time that he
    16  or she is no longer incapacitated by alcohol and/or  substances  to  the
    17  degree  that  there  is  a likelihood to result in harm to the person or
    18  others or (ii)] for  a  period  longer  than  [forty-eight]  seventy-two
    19  hours.
    20    1. Every reasonable effort must be made to obtain the person's consent
    21  to  give  prompt  notification  of a person's retention in a facility or
    22  program pursuant to this section to  his  or  her  closest  relative  or
    23  friend,  and,  if  requested  by such person, to his or her attorney and
    24  personal physician, in accordance  with  federal  confidentiality  regu-
    25  lations.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15696-02-6
        A. 10627                            2
     1    2.  A  person  may  not  be retained pursuant to this section beyond a
     2  period of [forty-eight] seventy-two hours without his  or  her  consent.
     3  Persons  suitable  therefor  may  be  voluntarily admitted to a chemical
     4  dependence program or facility pursuant to this article.
     5    § 2. This act shall take effect immediately.