Bill Text: NY S06248 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to emergency intervention for persons impaired by substances.

Sponsorship: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2016-05-17 - referred to mental health [S06248 Detail]

Download: New_York-2015-S06248-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6248--B
                    IN SENATE
                                       (Prefiled)
                                     January 6, 2016
                                       ___________
        Introduced by Sens. ORTT, ADDABBO -- read twice and ordered printed, and
          when  printed  to be committed to the Committee on Alcoholism and Drug
          Abuse -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said committee -- 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13217-05-6