S. 3280 2
1987 and such section as renumbered by chapter 978 of the laws of 1977,
are amended to read as follows:
(a) The director of a hospital may receive and retain therein as a
patient any person alleged to be mentally ill and in need of involuntary
care and treatment upon [the] TWO certificates [of two examining physi-
cians], EACH COMPLETED BY AN EXAMINING PHYSICIAN OR A NURSE
PRACTITIONER, accompanied by an application for the admission of such
person. The examination may be conducted jointly but each examining
physician OR NURSE PRACTITIONER shall execute a separate certificate.
(d) Before an examining physician OR NURSE PRACTITIONER completes the
certificate of examination of a person for involuntary care and treat-
ment, he OR SHE shall consider alternative forms of care and treatment
that might be adequate to provide for the person's needs without requir-
ing involuntary hospitalization. If the examining physician OR NURSE
PRACTITIONER knows that the person he OR SHE is examining for involun-
tary care and treatment has been under prior treatment, he OR SHE shall,
insofar as possible, consult with the physician or psychologist furnish-
ing such prior treatment prior to completing his OR HER certificate.
Nothing in this section shall prohibit or invalidate any involuntary
admission made in accordance with the provisions of this chapter.
(e) The director of the hospital where such person is brought shall
cause such person to be examined forthwith by a physician, OTHER THAN AN
EXAMINING PHYSICIAN WHOSE CERTIFICATE ACCOMPANIED THE APPLICATION, who
shall be a member of the psychiatric staff of such hospital [other than
the original examining physicians whose certificate or certificates
accompanied the application and, if]. IF such person is found to be in
need of involuntary care and treatment, he OR SHE may be admitted there-
to as a patient as herein provided.
(i) After an application for the admission of a person has been
completed [and both physicians have examined such person and separately
certified either], AND TWO SEPARATE CERTIFICATES, EACH COMPLETED BY AN
EXAMINING PHYSICIAN OR A NURSE PRACTITIONER, SHOW that he or she is
mentally ill and in need of involuntary care and treatment in a hospi-
tal, ANY EXAMINING physician OR NURSE PRACTITIONER MAKING SUCH A CERTIF-
ICATION is authorized to request peace officers, when acting pursuant to
their special duties, or police officers, who are members of an author-
ized police department or force or of a sheriff's department, to take
into custody and transport such person to a hospital for determination
by the director whether such person qualifies for admission pursuant to
this section. Upon the request of [either] ANY EXAMINING physician OR
NURSE PRACTITIONER MAKING SUCH A CERTIFICATION, an ambulance service, as
defined by subdivision two of section three thousand one of the public
health law, is authorized to transport such person to a hospital for
determination by the director whether such person qualifies for admis-
sion pursuant to this section.
S 4. Subdivisions (a), (b) and (c) of section 9.37 of the mental
hygiene law, subdivision (a) as amended by chapter 723 of the laws of
1989, subdivision (c) as amended by chapter 230 of the laws of 2004 and
such section as renumbered by chapter 978 of the laws of 1977, are
amended to read as follows:
(a) The director of a hospital, upon application by a director of
community services or an examining physician duly designated by him or
her, may receive and care for in such hospital as a patient any person
who, in the opinion of the director of community services or the direc-
tor's designee, has a mental illness for which immediate inpatient care
S. 3280 3
and treatment in a hospital is appropriate and which is likely to result
in serious harm to himself or herself or others.
The need for immediate hospitalization shall be confirmed by a staff
physician OR NURSE PRACTITIONER of the hospital prior to admission.
Within seventy-two hours, excluding Sunday and holidays, after such
admission, if such patient is to be retained for care and treatment
beyond such time and he or she does not agree to remain in such hospital
as a voluntary patient, the certificate of another examining physician
OR NURSE PRACTITIONER who is a member of the psychiatric staff of the
hospital that the patient is in need of involuntary care and treatment
shall be filed with the hospital. From the time of his or her admission
under this section the retention of such patient for care and treatment
shall be subject to the provisions for notice, hearing, review, and
judicial approval of continued retention or transfer and continued
retention provided by this article for the admission and retention of
involuntary patients, provided that, for the purposes of such
provisions, the date of admission of the patient shall be deemed to be
the date when the patient was first received in the hospital under this
section.
(b) The application for admission of a patient pursuant to this
section shall be based upon a personal examination by a director of
community services or his OR HER designee. It shall be in writing and
shall be filed with the director of such hospital at the time of the
patient's reception, together with a statement in a form prescribed by
the commissioner giving such information as he OR SHE may deem appropri-
ate.
(c) Notwithstanding the provisions of subdivision (b) of this section,
in counties with a population of less than two hundred thousand, a
director of community services who is a licensed psychologist pursuant
to article one hundred fifty-three of the education law or a licensed
clinical social worker pursuant to article one hundred fifty-four of the
education law but who is not a physician may apply for the admission of
a patient pursuant to this section without a medical examination by a
designated physician, if a hospital approved by the commissioner pursu-
ant to section 9.39 of this article is not located within thirty miles
of the patient, and the director of community services has made a
reasonable effort to locate a designated examining physician but such a
designee is not immediately available and the director of community
services, after personal observation of the person, reasonably believes
that he OR SHE may have a mental illness which is likely to result in
serious harm to himself OR HERSELF or others and inpatient care and
treatment of such person in a hospital may be appropriate. In the event
of an application pursuant to this subdivision, a STAFF physician OR
NURSE PRACTITIONER of the receiving hospital shall examine the patient
and shall not admit the patient unless he or she determines that the
patient has a mental illness for which immediate inpatient care and
treatment in a hospital is appropriate and which is likely to result in
serious harm to himself OR HERSELF or others. If the patient is admit-
ted, the need for hospitalization shall be confirmed by another staff
physician OR NURSE PRACTITIONER within twenty-four hours. An application
pursuant to this subdivision shall be in writing and shall be filed with
the director of such hospital at the time of the patient's reception,
together with a statement in a form prescribed by the commissioner
giving such information as he OR SHE may deem appropriate, including a
statement of the efforts made by the director of community services to
S. 3280 4
locate a designated examining physician prior to making an application
pursuant to this subdivision.
S 5. Subdivision (a) of section 9.37 of the mental hygiene law, such
section as renumbered by chapter 978 of the laws of 1977, is amended to
read as follows:
(a) The director of a hospital, upon application by a director of
community services or an examining physician duly designated by him OR
HER, may receive and care for in such hospital as a patient any person
who, in the opinion of the director of community services or his OR HER
designee, has a mental illness for which immediate inpatient care and
treatment in a hospital is appropriate and which is likely to result in
serious harm to himself OR HERSELF or TO others[; "likelihood of serious
harm" shall mean:
1. substantial risk of physical harm to himself as manifested by
threats of or attempts at suicide or serious bodily harm or other
conduct demonstrating that he is dangerous to himself, or
2. a substantial risk of physical harm to other persons as manifested
by homicidal or other violent behavior by which others are placed in
reasonable fear or serious physical harm].
The need for immediate hospitalization shall be confirmed by a staff
physician OR NURSE PRACTITIONER of the hospital prior to admission.
Within seventy-two hours, excluding Sunday and holidays, after such
admission, if such patient is to be retained for care and treatment
beyond such time and he OR SHE does not agree to remain in such hospital
as a voluntary patient, the certificate of another examining physician
OR NURSE PRACTITIONER who is a member of the psychiatric staff of the
hospital that the patient is in need of involuntary care and treatment
shall be filed with the hospital. From the time of his OR HER admission
under this section the retention of such patient for care and treatment
shall be subject to the provisions for notice, hearing, review, and
judicial approval of continued retention or transfer and continued
retention provided by this article for the admission and retention of
involuntary patients, provided that, for the purposes of such
provisions, the date of admission of the patient shall be deemed to be
the date when the patient was first received in the hospital under this
section.
S 6. Subdivisions (b) and (c) of section 9.40 of the mental hygiene
law, as added by chapter 723 of the laws of 1989, are amended to read as
follows:
(b) The director shall cause examination of such persons to be initi-
ated by a staff physician OR NURSE PRACTITIONER of the program as soon
as practicable [and in any event within], BUT NO LONGER THAN six hours
after the person is received into the program's emergency room. Such
person may be retained for observation, care and treatment, and further
examination for up to twenty-four hours if, at the conclusion of such
examination, such physician OR NURSE PRACTITIONER determines that such
person may have a mental illness for which immediate observation, care
and treatment in a comprehensive psychiatric emergency program is appro-
priate, and which is likely to result in serious harm to the person or
others.
(c) No person shall be involuntarily retained in accordance with this
section for more than twenty-four hours, unless (i) within that time the
determination of the INITIAL examining staff physician OR NURSE PRACTI-
TIONER has been confirmed after examination by another physician OR
NURSE PRACTITIONER who is a member of the psychiatric staff of the
program and (ii) the person is admitted to an extended observation bed,
S. 3280 5
as such term is defined in section 31.27 of this chapter. At the time of
admission to an extended observation bed, such person shall be served
with written notice of his OR HER status and rights as a patient under
this section. Such notice shall contain the patient's name. The notice
shall be provided to the same persons and in the manner as if provided
pursuant to subdivision (a) of section 9.39 of this article. Written
requests for court hearings on the question of need for immediate obser-
vation, care and treatment shall be made, and court hearings shall be
scheduled and held, in the manner provided pursuant to subdivision (a)
of section 9.39 of this article, provided however, if a person is
removed or admitted to a hospital pursuant to subdivision (e) or (f) of
this section the director of such hospital shall be substituted for the
director of the comprehensive psychiatric emergency program in all legal
proceedings regarding the continued retention of the person.
S 7. Section 9.55 of the mental hygiene law, as amended by chapter 598
of the laws of 1994, is amended to read as follows:
S 9.55 Emergency admissions for immediate observation, care and treat-
ment; powers of qualified psychiatrists OR NURSE PRACTITIONERS.
A qualified psychiatrist OR NURSE PRACTITIONER shall have the power to
direct the removal of any person[,] whose treatment for a mental illness
he or she is either supervising or providing in a facility licensed or
operated by the office of mental health, which does not have an inpa-
tient psychiatric service, to a hospital approved by the commissioner
pursuant to subdivision (a) of section 9.39 of this article or to a
comprehensive psychiatric emergency program, if he or she determines
upon examination of such person that such person appears to have a
mental illness for which immediate observation, care and treatment in a
hospital is appropriate and which is likely to result in serious harm
[to himself or herself or others] AS DEFINED IN SECTION 9.01 OF THIS
ARTICLE. Upon the request of such qualified psychiatrist OR NURSE PRAC-
TITIONER, peace officers, when acting pursuant to their special duties,
or police officers[,] who are members of an authorized police department
or force or of a sheriff's department shall take into custody and trans-
port any such person. Upon the request of a qualified psychiatrist OR
NURSE PRACTITIONER an ambulance service, as defined by subdivision two
of section three thousand one of the public health law, is authorized to
transport any such person. Such person may then be admitted to a hospi-
tal in accordance with the provisions of section 9.39 of this article or
to a comprehensive psychiatric emergency program in accordance with the
provisions of section 9.40 of this article.
S 8. Section 9.55 of the mental hygiene law, as amended by chapter 847
of the laws of 1987, is amended to read as follows:
S 9.55 Emergency admissions for immediate observation, care and treat-
ment; powers of qualified psychiatrists OR NURSE PRACTITIONERS.
A qualified psychiatrist OR NURSE PRACTITIONER shall have the power to
direct the removal of any person[,] whose treatment for a mental illness
he OR SHE is either supervising or providing in a facility licensed or
operated by the office of mental health, which does not have an inpa-
tient psychiatric service, to a hospital approved by the commissioner
pursuant to subdivision (a) of section 9.39 of this article, OR TO A
COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM if he OR SHE determines upon
examination of such person that such person appears to have a mental
illness for which immediate observation, care and treatment in a hospi-
tal is appropriate and which is likely to result in serious harm [to
himself or others], as defined in section [9.39] 9.01 of this article.
Upon the request of such qualified psychiatrist OR NURSE PRACTITIONER,
S. 3280 6
peace officers, when acting pursuant to their special duties, or police
officers[,] who are members of an authorized police department or force
or of a sheriff's department shall take into custody and transport any
such person. Upon the request of a qualified psychiatrist OR NURSE PRAC-
TITIONER an ambulance service, as defined by subdivision two of section
three thousand one of the public health law, is authorized to transport
any such person. Such person may then be admitted in accordance with the
provisions of section 9.39 of this article.
S 9. Section 9.57 of the mental hygiene law, as amended by chapter 598
of the laws of 1994, is amended to read as follows:
S 9.57 Emergency admissions for immediate observation, care and treat-
ment; powers of emergency room physicians OR NURSE PRACTI-
TIONERS.
A physician OR NURSE PRACTITIONER who has examined a person in an
emergency room or provided emergency medical services at a general
hospital, as defined in article twenty-eight of the public health law,
which does not have an inpatient psychiatric service, or a physician OR
NURSE PRACTITIONER who has examined a person in a comprehensive psychi-
atric emergency program shall be authorized to request that the director
of the program or hospital, or the director's designee, direct the
removal of such person to a hospital approved by the commissioner pursu-
ant to subdivision (a) of section 9.39 of this article or to a compre-
hensive psychiatric emergency program, if the physician OR NURSE PRACTI-
TIONER determines upon examination of such person that such person
appears to have a mental illness for which immediate care and treatment
in a hospital is appropriate and which is likely to result in serious
harm [to himself or others] AS DEFINED IN SECTION 9.01 OF THIS ARTICLE.
Upon the request of the physician OR NURSE PRACTITIONER, the director of
the program or hospital or the director's designee, is authorized to
direct peace officers, when acting pursuant to their special duties, or
police officers[,] who are members of an authorized police department or
force or of a sheriff's department to take into custody and transport
any such person. Upon the request of an emergency room physician, A
NURSE PRACTITIONER, or the director of the program or hospital, or the
director's designee, an ambulance service, as defined by subdivision two
of section three thousand one of the public health law, is authorized to
take into custody and transport any such person. Such person may then be
admitted to a hospital in accordance with the provisions of section 9.39
of this article or to a comprehensive psychiatric emergency program in
accordance with the provisions of section 9.40 of this article.
S 10. Section 9.57 of the mental hygiene law, as amended by chapter
847 of the laws of 1987, is amended to read as follows:
S 9.57 Emergency admissions for immediate observation, care and treat-
ment; powers of emergency room physicians OR NURSE PRACTI-
TIONERS.
A physician OR NURSE PRACTITIONER who has examined a person in an
emergency room or provided emergency medical services at a general
hospital, as defined in article twenty-eight of the public health law,
which does not have an inpatient psychiatric service, shall be author-
ized to request that the director of the hospital, or his OR HER desig-
nee, direct the removal of such person to a hospital approved by the
commissioner pursuant to subdivision (a) of section 9.39 of this arti-
cle, if the physician OR NURSE PRACTITIONER determines upon examination
of such person that such person appears to have a mental illness for
which immediate care and treatment in a hospital is appropriate and
which is likely to result in serious harm [to himself or others], as
S. 3280 7
defined in section [9.39] 9.01 of this article. Upon the request of the
physician OR NURSE PRACTITIONER, the director of the hospital or his OR
HER designee, is authorized to direct peace officers, when acting pursu-
ant to their special duties, or police officers, who are members of an
authorized police department or force or of a sheriff's department to
take into custody and transport any such person. Upon the request of an
emergency room physician, A NURSE PRACTITIONER, or the director of the
hospital, or his OR HER designee, an ambulance service, as defined by
subdivision two of section three thousand one of the public health law,
is authorized to take into custody and transport any such person. Such
person may then be admitted in accordance with the provisions of section
9.39 of this article.
S 11. Subparagraph (v) of paragraph 1 and paragraphs 3 and 4 of subdi-
vision (e) and subdivisions (h), (i), (k) and (n) of section 9.60 of the
mental hygiene law, as amended and paragraph 4 of subdivision (e) as
added by chapter 158 of the laws of 2005, are amended to read as
follows:
(v) a qualified psychiatrist OR NURSE PRACTITIONER who is either
supervising the treatment of or treating the subject of the petition for
a mental illness; or
(3) The petition shall be accompanied by an affirmation or affidavit
of a physician OR NURSE PRACTITIONER, who shall not be the petitioner,
stating either that:
(i) such physician OR NURSE PRACTITIONER has personally examined the
subject of the petition no more than ten days prior to the submission of
the petition, recommends assisted outpatient treatment for the subject
of the petition, and is willing and able to testify at the hearing on
the petition; or
(ii) no more than ten days prior to the filing of the petition, such
physician OR NURSE PRACTITIONER, or his or her designee, has made appro-
priate attempts but has not been successful in eliciting the cooperation
of the subject of the petition to submit to an examination, such physi-
cian OR NURSE PRACTITIONER has reason to suspect that the subject of the
petition meets the criteria for assisted outpatient treatment, and such
physician OR NURSE PRACTITIONER is willing and able to examine the
subject of the petition and testify at the hearing on the petition.
(4) In counties with a population of less than seventy-five thousand,
the affirmation or affidavit required by paragraph three of this subdi-
vision may be made by a physician OR NURSE PRACTITIONER who is an
employee of the office. The office is authorized to make available, at
no cost to the county, a qualified physician OR NURSE PRACTITIONER for
the purpose of making such affirmation or affidavit consistent with the
provisions of such paragraph.
(h) Hearing. (1) Upon receipt of the petition, the court shall fix the
date for a hearing. Such date shall be no later than three days from the
date such petition is received by the court, excluding Saturdays,
Sundays and holidays. Adjournments shall be permitted only for good
cause shown. In granting adjournments, the court shall consider the need
for further examination by a physician OR NURSE PRACTITIONER or the
potential need to provide assisted outpatient treatment expeditiously.
The court shall cause the subject of the petition, any other person
receiving notice pursuant to subdivision (f) of this section, the peti-
tioner, the physician OR NURSE PRACTITIONER whose affirmation or affida-
vit accompanied the petition, and such other persons as the court may
determine to be advised of such date. Upon such date, or upon such other
date to which the proceeding may be adjourned, the court shall hear
S. 3280 8
testimony and, if it be deemed advisable and the subject of the petition
is available, examine the subject of the petition in or out of court. If
the subject of the petition does not appear at the hearing, and appro-
priate attempts to elicit the attendance of the subject have failed, the
court may conduct the hearing in the subject's absence. In such case,
the court shall set forth the factual basis for conducting the hearing
without the presence of the subject of the petition.
(2) The court shall not order assisted outpatient treatment unless an
examining physician OR NURSE PRACTITIONER, who recommends assisted
outpatient treatment and has personally examined the subject of the
petition no more than ten days before the filing of the petition, testi-
fies in person at the hearing. Such physician OR NURSE PRACTITIONER
shall state the facts and clinical determinations which support the
allegation that the subject of the petition meets each of the criteria
for assisted outpatient treatment.
(3) If the subject of the petition has refused to be examined by a
physician OR NURSE PRACTITIONER, the court may request the subject to
consent to an examination by a physician OR NURSE PRACTITIONER appointed
by the court. If the subject of the petition does not consent and the
court finds reasonable cause to believe that the allegations in the
petition are true, the court may order peace officers, acting pursuant
to their special duties, or police officers who are members of an
authorized police department or force, or of a sheriff's department to
take the subject of the petition into custody and transport him or her
to a hospital for examination by a physician. Retention of the subject
of the petition under such order shall not exceed twenty-four hours. The
examination of the subject of the petition may be performed by the
physician OR NURSE PRACTITIONER whose affirmation or affidavit accompa-
nied the petition pursuant to paragraph three of subdivision (e) of this
section, if such physician OR NURSE PRACTITIONER is privileged by such
hospital or otherwise authorized by such hospital to do so. If such
examination is performed by another physician OR NURSE PRACTITIONER, the
examining physician OR NURSE PRACTITIONER may consult with the physician
OR NURSE PRACTITIONER whose affirmation or affidavit accompanied the
petition as to whether the subject meets the criteria for assisted
outpatient treatment.
(4) A physician OR NURSE PRACTITIONER who testifies pursuant to para-
graph two of this subdivision shall state: (i) the facts which support
the allegation that the subject meets each of the criteria for assisted
outpatient treatment, (ii) that the treatment is the least restrictive
alternative, (iii) the recommended assisted outpatient treatment, and
(iv) the rationale for the recommended assisted outpatient treatment. If
the recommended assisted outpatient treatment includes medication, such
physician's OR NURSE PRACTITIONER'S testimony shall describe the types
or classes of medication which should be authorized, shall describe the
beneficial and detrimental physical and mental effects of such medica-
tion, and shall recommend whether such medication should be self-admin-
istered or administered by authorized personnel.
(5) The subject of the petition shall be afforded an opportunity to
present evidence, to call witnesses on his or her behalf, and to cross-
examine adverse witnesses.
(i) Written treatment plan. (1) The court shall not order assisted
outpatient treatment unless a physician OR NURSE PRACTITIONER appointed
by the appropriate director, in consultation with such director, devel-
ops and provides to the court a proposed written treatment plan. The
written treatment plan shall include case management services or asser-
S. 3280 9
tive community treatment team services to provide care coordination. The
written treatment plan also shall include all categories of services, as
set forth in paragraph one of subdivision (a) of this section, which
such physician OR NURSE PRACTITIONER recommends that the subject of the
petition receive. All service providers shall be notified regarding
their inclusion in the written treatment plan. If the written treatment
plan includes medication, it shall state whether such medication should
be self-administered or administered by authorized personnel, and shall
specify type and dosage range of medication most likely to provide maxi-
mum benefit for the subject. If the written treatment plan includes
alcohol or substance abuse counseling and treatment, such plan may
include a provision requiring relevant testing for either alcohol or
illegal substances provided the physician's OR NURSE PRACTITIONER'S
clinical basis for recommending such plan provides sufficient facts for
the court to find (i) that such person has a history of alcohol or
substance abuse that is clinically related to the mental illness; and
(ii) that such testing is necessary to prevent a relapse or deteri-
oration which would be likely to result in serious harm to the person or
others. If a director is the petitioner, the written treatment plan
shall be provided to the court no later than the date of the hearing on
the petition. If a person other than a director is the petitioner, such
plan shall be provided to the court no later than the date set by the
court pursuant to paragraph three of subdivision (j) of this section.
(2) The physician OR NURSE PRACTITIONER appointed to develop the writ-
ten treatment plan shall provide the following persons with an opportu-
nity to actively participate in the development of such plan: the
subject of the petition; the treating physician OR NURSE PRACTITIONER,
if any; and upon the request of the subject of the petition, an individ-
ual significant to the subject including any relative, close friend or
individual otherwise concerned with the welfare of the subject. If the
subject of the petition has executed a health care proxy, the appointed
physician OR NURSE PRACTITIONER shall consider any directions included
in such proxy in developing the written treatment plan.
(3) The court shall not order assisted outpatient treatment unless a
physician OR NURSE PRACTITIONER appearing on behalf of a director testi-
fies to explain the written proposed treatment plan. Such physician OR
NURSE PRACTITIONER shall state the categories of assisted outpatient
treatment recommended, the rationale for each such category, facts which
establish that such treatment is the least restrictive alternative, and,
if the recommended assisted outpatient treatment plan includes medica-
tion, such physician OR NURSE PRACTITIONER shall state the types or
classes of medication recommended, the beneficial and detrimental phys-
ical and mental effects of such medication, and whether such medication
should be self-administered or administered by an authorized profes-
sional. If the subject of the petition has executed a health care proxy,
such physician OR NURSE PRACTITIONER shall state the consideration given
to any directions included in such proxy in developing the written
treatment plan. If a director is the petitioner, testimony pursuant to
this paragraph shall be given at the hearing on the petition. If a
person other than a director is the petitioner, such testimony shall be
given on the date set by the court pursuant to paragraph three of subdi-
vision (j) of this section.
(k) Petition for additional periods of treatment. Within thirty days
prior to the expiration of an order of assisted outpatient treatment,
the appropriate director or the current petitioner, if the current peti-
tion was filed pursuant to subparagraph (i) or (ii) of paragraph one of
S. 3280 10
subdivision (e) of this section, and the current petitioner retains his
or her original status pursuant to the applicable subparagraph, may
petition the court to order continued assisted outpatient treatment for
a period not to exceed one year from the expiration date of the current
order. If the court's disposition of such petition does not occur prior
to the expiration date of the current order, the current order shall
remain in effect until such disposition. The procedures for obtaining
any order pursuant to this subdivision shall be in accordance with the
provisions of the foregoing subdivisions of this section; provided that
the time restrictions included in paragraph four of subdivision (c) of
this section shall not be applicable. The notice provisions set forth in
paragraph six of subdivision (j) of this section shall be applicable.
Any court order requiring periodic blood tests or urinalysis for the
presence of alcohol or illegal drugs shall be subject to review after
six months by the physician OR NURSE PRACTITIONER who developed the
written treatment plan or another physician OR NURSE PRACTITIONER desig-
nated by the director, and such physician OR NURSE PRACTITIONER shall be
authorized to terminate such blood tests or urinalysis without further
action by the court.
(n) Failure to comply with assisted outpatient treatment. Where in the
clinical judgment of a physician OR NURSE PRACTITIONER, (i) the assisted
outpatient, has failed or refused to comply with the assisted outpatient
treatment, (ii) efforts were made to solicit compliance, and (iii) such
assisted outpatient may be in need of involuntary admission to a hospi-
tal pursuant to section 9.27 of this article or immediate observation,
care and treatment pursuant to section 9.39 or 9.40 of this article,
such physician OR NURSE PRACTITIONER may request the director of commu-
nity services, the director's designee, or any physician OR NURSE PRAC-
TITIONER designated by the director of community services pursuant to
section 9.37 of this article, to direct the removal of such assisted
outpatient to an appropriate hospital for an examination to determine if
such person has a mental illness for which hospitalization is necessary
pursuant to section 9.27, 9.39 or 9.40 of this article. Furthermore, if
such assisted outpatient refuses to take medications as required by the
court order, or he or she refuses to take, or fails a blood test, urina-
lysis, or alcohol or drug test as required by the court order, such
physician OR NURSE PRACTITIONER may consider such refusal or failure
when determining whether the assisted outpatient is in need of an exam-
ination to determine whether he or she has a mental illness for which
hospitalization is necessary. Upon the request of such physician OR
NURSE PRACTITIONER, the director, the director's designee, or any physi-
cian OR NURSE PRACTITIONER designated pursuant to section 9.37 of this
article, may direct peace officers, acting pursuant to their special
duties, or police officers who are members of an authorized police
department or force or of a sheriff's department to take the assisted
outpatient into custody and transport him or her to the hospital operat-
ing the assisted outpatient treatment program or to any hospital author-
ized by the director of community services to receive such persons. Such
law enforcement officials shall carry out such directive. Upon the
request of such physician OR NURSE PRACTITIONER, the director, the
director's designee, or any physician OR NURSE PRACTITIONER designated
pursuant to section 9.37 of this article, an ambulance service, as
defined by subdivision two of section three thousand one of the public
health law, or an approved mobile crisis outreach team as defined in
section 9.58 of this article shall be authorized to take into custody
and transport any such person to the hospital operating the assisted
S. 3280 11
outpatient treatment program, or to any other hospital authorized by the
director of community services to receive such persons. Any director of
community services, or designee, shall be authorized to direct the
removal of an assisted outpatient who is present in his or her county to
an appropriate hospital, in accordance with the provisions of this
subdivision, based upon a determination of the appropriate director of
community services directing the removal of such assisted outpatient
pursuant to this subdivision. Such person may be retained for observa-
tion, care and treatment and further examination in the hospital for up
to seventy-two hours to permit a physician OR NURSE PRACTITIONER to
determine whether such person has a mental illness and is in need of
involuntary care and treatment in a hospital pursuant to the provisions
of this article. Any continued involuntary retention in such hospital
beyond the initial seventy-two hour period shall be in accordance with
the provisions of this article relating to the involuntary admission and
retention of a person. If at any time during the seventy-two hour period
the person is determined not to meet the involuntary admission and
retention provisions of this article, and does not agree to stay in the
hospital as a voluntary or informal patient, he or she must be released.
Failure to comply with an order of assisted outpatient treatment shall
not be grounds for involuntary civil commitment or a finding of contempt
of court.
S 12. This act shall take effect immediately; provided, however, that:
a. The amendments to subdivision (a) of section 9.37 of the mental
hygiene law made by section four of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 21 of
chapter 723 of the laws of 1989, as amended, when upon such date the
provisions of section five of this act shall take effect;
b. The amendments to subdivisions (b) and (c) of section 9.40 of the
mental hygiene law made by section six of this act shall not affect the
repeal of such section and shall be deemed repealed therewith;
c. The amendments to sections 9.55 and 9.57 of the mental hygiene law
made by sections seven and nine of this act shall be subject to the
expiration and reversion of such sections pursuant to section 21 of
chapter 723 of the laws of 1989, as amended, when upon such date the
provisions of sections eight and ten of this act shall take effect; and
d. The amendments to section 9.60 of the mental hygiene law made by
section eleven of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
