Bill Text: NY S00910 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for emergency intervention services for persons impaired by chemical substances.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS [S00910 Detail]

Download: New_York-2023-S00910-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           910

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 9, 2023
                                       ___________

        Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Alcoholism  and  Substance
          Abuse

        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 amended by
     2  section 1 of part D of chapter 69 of the laws of 2016,  paragraph  5  of
     3  subdivision  (a) as amended by section 9 of part AA of chapter 57 of the
     4  laws of 2021, is amended to read as follows:
     5  § 22.09 Emergency services for persons intoxicated, impaired,  or  inca-
     6             pacitated by alcohol [and/or substances].
     7    (a) As used in this article:
     8    1.  "Intoxicated  or  impaired  person" means a person whose mental or
     9  physical functioning is substantially impaired as a result of the  pres-
    10  ence of alcohol [and/or substances] in his or her body.
    11    2.  "Incapacitated"  means  that  a  person, as a result of the use of
    12  alcohol [and/or substances], is unconscious or has his or  her  judgment
    13  otherwise  so  impaired  that  he  or  she is incapable of realizing and
    14  making a rational decision with respect to his or her  need  for  treat-
    15  ment.
    16    3.  "Likelihood to result in harm" or "likely to result in harm" means
    17  (i) a substantial risk of physical harm to the person as  manifested  by
    18  threats  of  or  attempts  at  suicide  or  serious bodily harm or other
    19  conduct demonstrating  that  the  person  is  dangerous  to  himself  or
    20  herself, or (ii) a substantial risk of physical harm to other persons as
    21  manifested  by  homicidal  or other violent behavior by which others are
    22  placed in reasonable fear of serious physical harm.
    23    4. "Emergency services" means immediate physical examination,  assess-
    24  ment,  care  and treatment of an incapacitated person for the purpose of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03698-01-3
        S. 910                              2

     1  confirming that the person is, and continues  to  be,  incapacitated  by
     2  alcohol  [and/or substances] to the degree that there is a likelihood to
     3  result in harm to the person or others.
     4    5. "Treatment facility" means a facility designated by the commission-
     5  er which may only include a general hospital as defined in article twen-
     6  ty-eight  of  the public health law, or a medically managed or medically
     7  supervised withdrawal, inpatient rehabilitation, or residential stabili-
     8  zation treatment program that has been certified by the commissioner  to
     9  have appropriate medical staff available on-site at all times to provide
    10  emergency  services  and continued evaluation of capacity of individuals
    11  retained under this section or a crisis  stabilization  center  licensed
    12  pursuant to [article] section 36.01 of this chapter.
    13    (b)  1.  An  intoxicated  or  impaired person may come voluntarily for
    14  emergency services to a chemical dependence program or treatment facili-
    15  ty authorized by the commissioner to provide such emergency services.  A
    16  person who appears to be intoxicated or impaired and who consents to the
    17  proffered  help  may be assisted by any peace officer acting pursuant to
    18  his or her special duties, police officer,  or  by  a  designee  of  the
    19  director of community services to return to his or her home, to a chemi-
    20  cal  dependence  program or treatment facility, or to any other facility
    21  authorized by the commissioner to provide such  emergency  services.  In
    22  such cases, the peace officer, police officer, or designee of the direc-
    23  tor  of  community  services shall accompany the intoxicated or impaired
    24  person in a manner which is reasonably designed to  assure  his  or  her
    25  safety,  as  set  forth  in  regulations  promulgated in accordance with
    26  subdivision (d) of this section.
    27    2. A person  who  appears  to  be  incapacitated  by  alcohol  [and/or
    28  substances]  to  the degree that there is a likelihood to result in harm
    29  to the person or to others may be taken by a peace officer acting pursu-
    30  ant to his or her special duties, or a police officer who is a member of
    31  the state police or of an authorized police department or force or of  a
    32  sheriff's  department  or  by  the  director  of community services or a
    33  person duly designated by  him  or  her  to  a  treatment  facility  for
    34  purposes  of receiving emergency services. Every reasonable effort shall
    35  be made to protect the health and safety of such person,  including  but
    36  not  limited  to the requirement that the peace officer, police officer,
    37  or director of community services or his or her designee shall accompany
    38  the apparently incapacitated person in  a  manner  which  is  reasonably
    39  designed  to  assure  his  or  her  safety,  as set forth in regulations
    40  promulgated in accordance with subdivision (d) of this section.
    41    3. A person who comes voluntarily or is brought  without  his  or  her
    42  objection to any such facility or program in accordance with this subdi-
    43  vision  shall  be  given  emergency  care and treatment at such place if
    44  found suitable therefor by authorized personnel, or referred to  another
    45  suitable  facility  or treatment program for care and treatment, or sent
    46  to his or her home.
    47    4. The director of a treatment facility may receive as  a  patient  in
    48  need of emergency services any person who appears to be incapacitated as
    49  defined in this section.
    50    5.  A  person  who  comes  voluntarily  or  is brought with his or her
    51  objection to a treatment facility shall be examined as soon as  possible
    52  but not more than twelve hours after arriving at such treatment facility
    53  by  an  examining physician. If such examining physician determines that
    54  such person is incapacitated  by  alcohol  [and/or  substances]  to  the
    55  degree  that  there  is  a likelihood to result in harm to the person or
    56  others, he or she may be retained  to  receive  emergency  services  and
        S. 910                              3

     1  shall  be regularly reevaluated to confirm continued incapacity by alco-
     2  hol [and/or substances] to the degree that  there  is  a  likelihood  to
     3  result  in  harm  to  the  person  or others. If the examining physician
     4  determines  at any time that such person is not incapacitated by alcohol
     5  [and/or substances] to the degree that there is a likelihood  to  result
     6  in  harm  to  the person or others, he or she must be released. Notwith-
     7  standing any other law, in no event may such person be retained  against
     8  his  or  her objection beyond whichever is the shorter of the following:
     9  (i) the time that he or  she  is  no  longer  incapacitated  by  alcohol
    10  [and/or  substances]  to the degree that there is a likelihood to result
    11  in harm to the person or others or (ii) a period longer than seventy-two
    12  hours.
    13    6. Every reasonable effort must be made to obtain the person's consent
    14  to give prompt notification of a person's retention  in  a  facility  or
    15  program  pursuant  to  this  section  to  his or her closest relative or
    16  friend, and, if requested by such person, to his  or  her  attorney  and
    17  personal  physician,  in  accordance  with federal confidentiality regu-
    18  lations.
    19    7. A person may not be retained pursuant  to  this  section  beyond  a
    20  period of seventy-two hours without his or her consent. Persons suitable
    21  therefor may be voluntarily admitted to a chemical dependence program or
    22  facility pursuant to this article.
    23    (c)  Discharge  procedures.  1.  The discharge procedure process shall
    24  begin as soon as the patient is admitted to the treatment  facility  and
    25  shall  be  considered  a  part  of  the  treatment planning process. The
    26  discharge plan shall be developed in collaboration with the patient  and
    27  any  significant other(s) the patient chooses to involve. If the patient
    28  is a minor, the discharge plan must also be  developed  in  consultation
    29  with  his  or  her parent or guardian, unless the minor is being treated
    30  without parental consent as authorized by section 22.11 of  this  [chap-
    31  ter] article.
    32    2.  No  patient shall be discharged without a discharge plan which has
    33  been completed and reviewed by the multi-disciplinary team prior to  the
    34  discharge of the patient. This review may be part of a regular treatment
    35  plan review. The portion of the discharge plan which includes the refer-
    36  rals  for  continuing care shall be given to the patient upon discharge.
    37  This requirement shall not apply to patients who refuse continuing  care
    38  planning,  provided,  however,  that  the  treatment facility shall make
    39  reasonable efforts to provide information about the dangers of long term
    40  substance use as well as information related to treatment including, but
    41  not limited to, the OASAS HOPELINE and the OASAS Bed Availability  Dash-
    42  board.
    43    3.  The  discharge plan shall be developed by the responsible clinical
    44  staff member, who, in the development of such plan, shall  consider  the
    45  patient's self-reported confidence in maintaining abstinence and follow-
    46  ing  an individualized relapse prevention plan. The responsible clinical
    47  staff member shall also consider an assessment of the patient's home and
    48  family environment, vocational/educational/employment  status,  and  the
    49  patient's  relationships  with  significant  others.  The purpose of the
    50  discharge plan shall be to establish the level of  clinical  and  social
    51  resources  available  to  the  patient upon discharge from the inpatient
    52  service and the need for the  services  for  significant  others.    The
    53  discharge plan shall include, but not be limited to, the following:
    54    (i)  identification of continuing chemical dependence services includ-
    55  ing management of withdrawal or continuing stabilization and  any  other
        S. 910                              4

     1  treatment,  rehabilitation,  self-help  and  vocational, educational and
     2  employment services the patient will need after discharge;
     3    (ii) identification of the type of residence, if any, that the patient
     4  will need after discharge;
     5    (iii)  identification  of specific providers of these needed services;
     6  and
     7    (iv) specific referrals and  initial  appointments  for  these  needed
     8  services.
     9    4.  A  discharge summary which includes the course and results of care
    10  and treatment must be prepared  and  included  in  each  patient's  case
    11  record within twenty days of discharge.
    12    (d) The commissioner shall promulgate all rules and regulations, after
    13  consulting with representatives of appropriate law enforcement and chem-
    14  ical  dependence  providers  of  services,  establishing  procedures for
    15  taking intoxicated or impaired persons and persons apparently  incapaci-
    16  tated by alcohol [and/or substances] to their residences or to appropri-
    17  ate public or private facilities for emergency services and for minimiz-
    18  ing  the  role  of  the  police  in  obtaining treatment of such persons
    19  necessary to implement the provisions of this section, including but not
    20  limited  to  establishing  procedures  for  transporting   incapacitated
    21  persons to a treatment facility for emergency services.
    22    §  2.  The mental hygiene law is amended by adding a new section 22.10
    23  to read as follows:
    24  § 22.10 Emergency services for  persons  impaired  or  incapacitated  by
    25            substances.
    26    (a) Definitions. As used in this article:
    27    1. "Impaired person" means a person whose mental or physical function-
    28  ing  is substantially impaired as a result of the presence of substances
    29  in his or her body.
    30    2. "Incapacitated" means that a person, as a  result  of  the  use  of
    31  substances,  is  unconscious  or  has  his  or her judgment otherwise so
    32  impaired that he or she is incapable of realizing and making a  rational
    33  decision with respect to his or her need for treatment.
    34    3.  "Likelihood to result in harm" or "likely to result in harm" means
    35  (i) a substantial risk of physical harm to the person as  manifested  by
    36  threats  of  or  attempts  at  suicide  or  serious bodily harm or other
    37  conduct demonstrating  that  the  person  is  dangerous  to  himself  or
    38  herself, or (ii) a substantial risk of physical harm to other persons as
    39  manifested  by  homicidal  or other violent behavior by which others are
    40  placed in reasonable fear of serious physical harm.
    41    4. "Emergency services" means immediate voluntary or involuntary phys-
    42  ical examination, assessment, care and treatment of an  impaired  person
    43  who  has  become  incapacitated in order to achieve stabilization and/or
    44  subsequent admission to extended voluntary or involuntary treatment.
    45    5. "Treatment facility" means a hospital as defined in  article  twen-
    46  ty-eight  of  the  public  health  law, or a chemical dependence program
    47  facility certified or approved by the commissioner.
    48    6. "Substance" shall have the same meaning as set forth in subdivision
    49  thirty-nine of section 1.03 of this chapter.
    50    (b) Voluntary emergency services. 1.   An  impaired  person  may  come
    51  voluntarily  for  emergency services to a chemical dependence program or
    52  treatment facility authorized by the commissioner to provide such  emer-
    53  gency  services. A person who appears to be impaired and who consents to
    54  the proffered help shall be assisted by any peace officer acting  pursu-
    55  ant  to  his  or her special duties, police officer, or by a designee of
    56  the director of community services to return to his or her  home,  to  a
        S. 910                              5

     1  chemical  dependence  program  or  treatment  facility,  or to any other
     2  facility authorized by the commissioner to provide  emergency  services.
     3  In  such  cases,  the  peace officer, police officer, or designee of the
     4  director  of community services shall accompany the impaired person in a
     5  manner which is reasonably designed to assure his or her safety, as  set
     6  forth  in  regulations promulgated in accordance with subdivision (f) of
     7  this section.
     8    2. Consistent with subdivision (b) of section 22.07 of this article, a
     9  person who appears to be incapacitated by substances to the degree  that
    10  there is a likelihood to result in harm to the person or to others shall
    11  be  taken  by  a  peace  officer  acting  pursuant to his or her special
    12  duties, or a police officer who is a member of the state police or of an
    13  authorized police department or force or of a sheriff's department or by
    14  the director of community services or a person duly designated by him or
    15  her, or pursuant to petition  to  the  director  of  community  services
    16  pursuant to subdivision (d) of this section, to a treatment facility for
    17  purposes  of receiving emergency services. Every reasonable effort shall
    18  be made to protect the health and safety of such person,  including  but
    19  not  limited  to the requirement that the peace officer, police officer,
    20  or director of community services or his or her designee shall accompany
    21  the apparently incapacitated person in  a  manner  which  is  reasonably
    22  designed  to  assure  his  or  her  safety,  as set forth in regulations
    23  promulgated in accordance with subdivision (f) of this section.
    24    3. A person who comes voluntarily or is brought  without  his  or  her
    25  objection  to  any  such treatment facility in accordance with paragraph
    26  two of this subdivision shall be provided  emergency  services  at  such
    27  place  if found suitable by authorized personnel, or referred to another
    28  suitable facility or treatment program for emergency services,  or  sent
    29  to his or her home.
    30    4.  A person who is brought with his or her objection to any treatment
    31  facility in accordance with paragraph two of this subdivision  shall  be
    32  examined  as soon as possible by an examining physician. If such examin-
    33  ing physician determines that such person is incapacitated by substances
    34  to the degree that there is a likelihood to result in harm to the person
    35  or others, he or she may be retained for emergency treatment to  achieve
    36  stabilization. If the examining physician determines that such person is
    37  not incapacitated by substances to the degree that there is a likelihood
    38  to  result  in harm to the person or others, he or she must be released.
    39  Except as provided in subdivision (c) of this section, in no  event  may
    40  such person be retained against his or her objection beyond whichever is
    41  the shorter of the following:
    42    (i)  the  time that he or she is no longer incapacitated by substances
    43  to the degree that there is a likelihood to result in harm to the person
    44  or others or;
    45    (ii) a period longer than seventy-two hours.
    46    5. Every reasonable effort must be made to obtain the person's consent
    47  to give prompt notification of a person's retention  in  a  facility  or
    48  program  pursuant  to this subdivision to his or her closest relative or
    49  friend, and, if requested by such person, to his  or  her  attorney  and
    50  personal  physician,  in  accordance  with federal confidentiality regu-
    51  lations.
    52    (c) Involuntary emergency services on certificate  of  a  director  of
    53  community  services or designee. 1. The director of a treatment facility
    54  designated by the commissioner to provide emergency services shall  upon
    55  the certificate of a local director of community services or a physician
    56  duly  designated by the director of community services, receive and care
        S. 910                              6

     1  for in such facility as a patient any person who, in the opinion of  the
     2  director of community services or his or her designee sought by petition
     3  pursuant  to subdivision (d) of this section, is incapacitated such that
     4  such person's use or abuse of chemical substances is likely to result in
     5  harm  to  himself,  herself or others and for whom immediate involuntary
     6  emergency services is appropriate.
     7    2. The need for immediate  involuntary  emergency  services  shall  be
     8  confirmed  prior to admission by a physician affiliated with the facili-
     9  ty. Excluding Sundays and holidays, if  the  physician  recommends  such
    10  patient  be retained for emergency services beyond seventy-two hours and
    11  the patient does not agree to remain in such  facility  as  a  voluntary
    12  patient, the certificate of such physician attesting that the patient is
    13  in  need  of extended involuntary emergency services shall be filed with
    14  the facility. From the time  of  such  patient's  admission  under  this
    15  subdivision  the retention of such patient for emergency services beyond
    16  seventy-two hours shall be subject to the provisions for  notice,  hear-
    17  ing,  review,  and  judicial  approval  provided by this article for the
    18  admission and retention of involuntary patients, provided that, for  the
    19  purposes  of such provisions, the date of admission of the patient shall
    20  be deemed to be the date when the patient  was  first  received  in  the
    21  facility pursuant to this subdivision.
    22    (d)  Petition to local director of community services for voluntary or
    23  involuntary emergency services. 1. A petition for emergency services may
    24  be sought for an adult or for a minor by petition  to  a  local  govern-
    25  mental  unit's  director  of  community services in accordance with this
    26  subdivision. Any one of the following persons may petition the  director
    27  of community services:
    28    (i) in the case of an adult, a physician, the person's spouse or guar-
    29  dian,  any  relative  of the person, or any other adult who has personal
    30  knowledge of a person's substance abuse impairment; or
    31    (ii) in the case of a minor, the minor's parent,  legal  guardian,  or
    32  legal custodian.
    33    2.  Petition  for  admission  of a patient to a treatment facility for
    34  emergency services pursuant to  this  section  shall  be  based  upon  a
    35  personal  examination  by a director of community services or his or her
    36  designee. It shall be in writing and shall be filed with the director of
    37  a facility at the time of  the  patient's  reception,  together  with  a
    38  statement  in a form prescribed by the commissioner giving such informa-
    39  tion as he or she may deem appropriate. A  petition  for  admission  for
    40  emergency  services  must  establish  the reason the petitioner believes
    41  that there is a likelihood to result in harm to  the  person  or  others
    42  unless  he  or she is admitted for immediate emergency services. A peti-
    43  tion must include:
    44    (i) the name of the person to be admitted, the name and  signature  of
    45  the  petitioner,  the relationship between the person to be admitted and
    46  the applicant; and
    47    (ii) the reason the petitioner believes that because of  such  impair-
    48  ment  the  person  has  lost  the  power of self-control with respect to
    49  substance abuse; and
    50    (iii) the reason the petitioner believes that the person's refusal  to
    51  voluntarily receive emergency services is based on judgement so impaired
    52  by reason of substance abuse that he or she is incapable of appreciating
    53  his  or  her  need  for  such services and of making a rational decision
    54  regarding his or her need for services.
        S. 910                              7

     1    3. Upon receipt of such petition, the director of  community  services
     2  or a person duly designated by him or her shall review such petition and
     3  may take actions pursuant to subdivisions (b) or (c) of this section.
     4    (e)  Each  person  admitted  to  a  treatment  facility  for emergency
     5  services pursuant to this section shall be provided with written  notice
     6  regarding  patient  rights  pursuant  to  section 22.03 of this article,
     7  access to his or her personal attorney upon request, and  notice  as  to
     8  the  availability  of the mental hygiene legal service for legal counsel
     9  and shall be provided access to the service upon request.
    10    (f) The commissioner shall promulgate regulations establishing  proce-
    11  dures  for taking intoxicated or impaired persons and persons apparently
    12  incapacitated by alcohol and/or substances  to  their  residence  or  to
    13  appropriate   public  or  private  treatment  facilities  for  emergency
    14  services and minimizing the role of the police in obtaining treatment of
    15  such persons.
    16    § 3. The mental hygiene law is amended by adding a new  section  22.13
    17  to read as follows:
    18  § 22.13 Court authorization to retain an involuntary patient.
    19    (a)  If  the  director  of  a  facility shall determine that a patient
    20  admitted pursuant to subdivision (c) of section 22.10 of  this  article,
    21  for whom there is no prior court order authorizing retention for a spec-
    22  ified  period,  is  in need of retention beyond seventy-two hours and if
    23  such patient does not agree to remain in such facility  as  a  voluntary
    24  patient,  the  director  shall  apply to the supreme court or the county
    25  court in the county where the facility is located for an order authoriz-
    26  ing continued retention.  The  facility  is  authorized  to  retain  the
    27  patient for seventy-two hours or during the period in which the applica-
    28  tion may be pending, such period not to exceed ninety days. The director
    29  shall  cause  written  notice  of  such  application  to be given to the
    30  patient and a copy thereof shall be given personally or by mail  to  any
    31  persons  required  by  this  article  to  be  served with notice of such
    32  patient's initial admission and to the  mental  hygiene  legal  service.
    33  Such  notice  shall state that a hearing may be requested by the patient
    34  or the service and that failure to make such a request within five days,
    35  excluding Sunday and holidays, from the date that the notice  was  given
    36  to  the  patient  will  permit  the  entry without a hearing of an order
    37  authorizing retention for a period not to exceed ninety  days  from  the
    38  date  of  the  order,  provided  the court is satisfied that the patient
    39  requires continued retention.
    40    (b) Upon the demand of the patient or of anyone on his or  her  behalf
    41  or upon request of the mental hygiene legal service, the court shall, or
    42  may  on  its  own  motion, fix a date for the hearing of the application
    43  pursuant to court procedure in the jurisdiction of the facility.
    44    (c) Except as provided in subdivision (a) of this section a person may
    45  not be retained beyond a period  of  ninety  days  without  his  or  her
    46  consent.  Persons  suitable  therefor  may  be voluntarily admitted to a
    47  chemical dependence program or facility pursuant to this article.
    48    § 4. Subdivision (d) of section 22.11 of the mental  hygiene  law,  as
    49  added by chapter 558 of the laws of 1999, is amended to read as follows:
    50    (d)  Inpatient  or  residential  treatment.  1.  [Admission] Voluntary
    51  admission procedures. (i) A copy of  the  patient's  rights  established
    52  under  this  section  and  under  section 22.03 of this article shall be
    53  given and explained to the minor and to the minor's consenting parent or
    54  guardian at the time of admission by the director  of  the  facility  or
    55  such person's designee.
        S. 910                              8

     1    (ii)  The  minor  shall be required to sign a form indicating that the
     2  treatment is being voluntarily sought, and  that  he  or  she  has  been
     3  advised of his or her ability to access the mental hygiene legal service
     4  and  of  his  or her rights under this section and section 22.03 of this
     5  article.  The  signed  form  shall  be  included  in the minor's medical
     6  record.
     7    (iii) At the time  of  admission,  any  minor  so  admitted  shall  be
     8  informed  by  the  director  of the facility or the director's designee,
     9  orally and in writing, of the minor's right to be discharged in  accord-
    10  ance  with  the  provisions of this [section] subdivision within twenty-
    11  four hours of his or her making a request therefor.
    12    (iv) Emergency contacts.
    13    (A) At the time of admission, the provider of services shall  use  its
    14  best  efforts to obtain from the minor's consenting parent or guardian a
    15  telephone number or numbers where he or she may be reached by the facil-
    16  ity at any time during the day or night. In addition, such  provider  of
    17  services  shall  also  use its best efforts to obtain from the parent or
    18  guardian a name, address and appropriate telephone number or numbers  of
    19  an  adult  designated by such parent or guardian as an emergency contact
    20  person in the event the facility is unable to reach such parent or guar-
    21  dian.
    22    (B) If the minor is admitted in accordance  with  subdivision  (c)  of
    23  this  section,  the  provider  of services shall use its best efforts to
    24  obtain from the minor the name, address,  and  telephone  number  of  an
    25  adult  who  may  serve  as  an emergency contact, and the facility shall
    26  verify the existence and availability of such contact upon notice to and
    27  with the prior written consent of the minor.
    28    (C) Failure to obtain emergency contacts, after reasonable effort,  in
    29  accordance  with  this section shall not preclude admission of the minor
    30  to treatment.
    31    (v) Notice of admission and discharge procedures.
    32    (A) A copy of the facility's admission and discharge procedures  shall
    33  be provided to the minor and to the minor's consenting parent or guardi-
    34  an  at  the  time  of  admission by the director of the facility or such
    35  person's designee. Such information shall also be mailed to  the  desig-
    36  nated emergency contact person by regular mail.
    37    (B)  If  the  minor  is admitted in accordance with subdivision (c) of
    38  this section, a copy of the facility's admission  and  discharge  proce-
    39  dures  shall  be  provided  to the minor. Such information shall also be
    40  mailed to the designated emergency contact person by regular mail.
    41    (vi) Each minor admitted for inpatient or residential chemical depend-
    42  ence treatment pursuant to this subdivision shall be provided with writ-
    43  ten notice regarding  the  availability  of  the  mental  hygiene  legal
    44  service  for  legal counsel, and shall be provided access to the service
    45  upon request.
    46    2. Involuntary admission procedures. (i) Minors admitted  pursuant  to
    47  section  22.10  of  this  article  shall be provided with written notice
    48  regarding the availability of the mental hygiene legal service for legal
    49  counsel, and shall be provided access to the service upon request.
    50    (ii) No  minor  receiving  involuntary  inpatient  emergency  services
    51  pursuant  to  subdivision  (c)  of  section 22.10 of this article may be
    52  discharged from the program prior to seventy-two hours based  solely  on
    53  his or her request.
    54    (iii)  A  copy  of the patient's rights established under this section
    55  and under section 22.03 of this article shall be given and explained  to
        S. 910                              9

     1  the  minor  and to the minor's consenting parent or guardian at the time
     2  of admission by the director of the facility or such person's designee.
     3    (iv)  The minor shall be required to sign a form indicating that he or
     4  she has been advised of his or her ability to access the mental  hygiene
     5  legal  service  and  of his or her rights under this section and section
     6  22.03 of this article. The signed form shall be included in the  minor's
     7  medical record.
     8    3. Discharge procedures. All minors admitted pursuant to this subdivi-
     9  sion shall be discharged in accordance with the following:
    10    (i)  [Any  minor  admitted  to  an  inpatient  or residential chemical
    11  dependence treatment facility has the  right  to  be  discharged  within
    12  twenty-four  hours  of  his  or  her  request  in  accordance  with  the
    13  provisions of this subdivision.
    14    (ii)] If discharge is requested  prior  to  completion  of  a  minor's
    15  treatment plan, such minor must request discharge in writing.
    16    (A)  Upon  receipt  of  any form of written request for discharge, the
    17  director of the facility in which the minor is admitted shall immediate-
    18  ly notify the minor's parent or guardian. If the facility is  unable  to
    19  contact  such  parent  or  guardian  within a reasonable time, or if the
    20  minor has been admitted pursuant to subdivision (c) of this section, the
    21  facility shall notify the designated emergency contact person.
    22    (B) The minor shall not be discharged from such facility until  it  is
    23  determined:
    24    (1)  that  the safety and well being of such minor will not be threat-
    25  ened [or the expiration of twenty-four hours, whichever is sooner]; [or]
    26    (2) that the minor's parent or guardian consents  to  the  release  of
    27  such minor; and
    28    (3)  that the parent, guardian, or designated emergency contact person
    29  has made appropriate and timely departure arrangements with the  facili-
    30  ty. [However, unless otherwise directed by the minor's parent or guardi-
    31  an  or  designated  emergency contact person pursuant to this item, such
    32  minor shall be discharged within twenty-four hours after  submission  of
    33  the request.
    34    (iii)]  (ii) Writing materials for use in requesting a discharge shall
    35  be made available at  all  times  to  all  minors  admitted  under  this
    36  section.
    37    (iii)  The staff of the facility shall assist such minors in preparing
    38  or submitting requests for discharge.
    39    § 5.  This act shall take effect immediately.