senate Bill S5005

Relates to the examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than 80,000

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 06 / May / 2013
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 22 / May / 2013
    • 1ST REPORT CAL.750
  • 23 / May / 2013
    • 2ND REPORT CAL.
  • 29 / May / 2013
    • ADVANCED TO THIRD READING
  • 30 / May / 2013
    • SUBSTITUTED BY A5954

Summary

Provides that the state office of mental health is directed to make available, at no cost to the county, a qualified physician for the purpose of examination of persons ordered to obtain assisted outpatient treatment in certain counties.

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Bill Details

See Assembly Version of this Bill:
A5954
Versions:
S5005
Legislative Cycle:
2013-2014
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง9.60, Ment Hyg L

Votes

10
0
10
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S5005

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
examination of persons ordered to obtain assisted outpatient treatment
in counties with a population of less than eighty thousand

PURPOSE OR GENERAL IDEA OF BILL:

Allows for the use of a psychiatrist employed by the state to provide
the examination for and testify in court during "Kendra's Law"
hearings in counties with a population under 80,000.

SUMMARY OF SPECIFIC PROVISIONS:

Amends subdivision (e) of section 9.60 of the mental hygiene law, as
added by Chapter 158 of the Laws of 2005.

JUSTIFICATION:

Kendra's Law requires a psychiatrist to be in court in hearings
scheduled by the judge within 72 hours of a petition being filed.
This is a nearly insurmountable problem in very small counties where
there may be only one psychiatrist in the whole county. It is very
difficult to ask a psychiatrist to rearrange his or her schedule on
such short notice once in a while - but it would be nearly impossible
to find one who would do so if there were several "Kendra's Law"
petitions.

This bill would require OMH to make a psychiatrist from a nearby OMH
facility available to the county for meeting the requirements of
Kendra's Law in counties of under 80,000 in population.

PRIOR LEGISLATIVE HISTORY:

2009-10: A.1116/A.9130/S.5245 - Passed Assembly; Referred to Senate
Mental Health and Development Disabilities Committee.
2008: A962 - Passed Assembly; Died in Senate Rules Committee.
2007; A.962 - Referred to Assembly Mental Health Committee.
2005-06: A.256 - Referred to the Assembly Mental Health Committee.

FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:

There would be no additional cost to the State but this would relieve
a burden on the eligible counties.

EFFECTIVE DATE:

Immediately, and effective only for the duration of Kendra's Law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5005

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 6, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation  to  examination  of
  persons  ordered  to  obtain assisted outpatient treatment in counties
  with a population of less than eighty thousand

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  4  of  subdivision  (e) of section 9.60 of the
mental hygiene law, as added by chapter 158 of  the  laws  of  2005,  is
amended to read as follows:
  (4)  In  counties with a population of less than [seventy-five] EIGHTY
thousand, the affirmation or affidavit required by  paragraph  three  of
this  subdivision  may  be made by a physician who is an employee of the
office.  The office is authorized AND DIRECTED to make available, at  no
cost to the county, a qualified physician for the purpose of making such
affirmation  or  affidavit  consistent with the provisions of such para-
graph.
  S 2. This act shall take effect immediately, provided,  however,  that
the amendments made to paragraph 4 of subdivision (e) of section 9.60 of
the  mental  hygiene law by section one of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07518-03-3

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