senate Bill S7014

Relates to requests for emergency services for persons intoxicated, impaired or incapacitated by alcohol or substances

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 11 / Apr / 2014
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE

Summary

Relates to requests for emergency services for persons intoxicated, impaired or incapacitated by alcohol or substances.

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Bill Details

Versions:
S7014
Legislative Cycle:
2013-2014
Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §22.09, Ment Hyg L

Sponsor Memo

BILL NUMBER:S7014

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
requests for emergency services for persons intoxicated, impaired or
incapacitated by alcohol or substances

Purpose of Bill:

This legislation would authorize certain persons to make application
to a local governmental unit's director of community services for the
emergency admission and assessment of a person intoxicated, impaired
or incapacitated as a result of alcohol or substance abuse, and to set
the maximum stabilization period at 72 hours.

Summary of Provisions:

Section 1 would amend Mental Hygiene Law § 22.09, relating to
emergency services for persons intoxicated, impaired or incapacitated
by alcohol and/or substances, to provide a means for certain persons
(e.g. doctor, spouse, parent, guardian) who can document their
concerns about a person's safety or the safety of those around him/her
because of such person's impairment due to abuse of alcohol or
substances, to apply to the local director of community services to
transport such impaired person to an approved treatment facility for
assessment and stabilization. The bill extends the maximum time to
reach stabilization from 48 hours to 72 hours.

Section 2 provides for an effective date 180 days after the bill
becomes law.

Existing Law:

Mental Hygiene Law § 22.09 permits law enforcement, peace officers and
directors of community services or their designees to transport
persons who appear to be a danger to themselves or others to a
hospital approved by the commissioner for observation, care aid
treatment no longer than 48 hours.

Legislative History:

This is a new bill.

Statement in Support:

OASAS admissions data, news reports, and reports from law enforcement
personnel statewide reflect a dramatic increase in the availability
and abuse of prescription drugs illegal opiates and synthetic drugs,
across age ranges, but most dramatically among young people. Patient
advocacy groups and emergency personnel have been struggling with
identifying means to bring into treatment those persons who are so
impaired by powerful substances that they do not recognize the danger
they pose to themselves or others.

Under New York's emergency services statute for intoxicated, impaired
or incapacitated persons, law enforcement personnel generally make an
on-the-spot clinical decision (often on the street) about a person's
mental and physical condition before the person can be transported to


a hospital. Once in the hospital, the person may be detained for no
more than 48 hours, time period which is not clinically sufficient to
withdraw and stabilize from the more potent substances, or mixtures of
substances, being abused.

This bill would permit certain concerned persons to file a request
with the local director of community services to transport a named
person to an OASAS certified facility (hospital or other program) for
assessment and a maximum stabilization period of 72 hours. The person,
if transported, assessed and stabilized, may choose whether to receive
treatment. The director of community services would be required to
review and approve an application based on specified criteria before
directing transport of the named person to a facility.

Budget Implications:

This bill would have a negligible fiscal impact.

Effective Date:

This bill takes effect in 180 days.

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

                                  7014

                            I N  S E N A T E

                             April 11, 2014
                               ___________

Introduced  by Sen. BOYLE -- (at request of the Office of Alcoholism and
  Substance Abuse Services) -- read twice and ordered printed, and  when
  printed to be committed to the Committee on Alcoholism and Drug Abuse

AN  ACT  to  amend  the  mental hygiene law, in relation to requests for
  emergency services for persons intoxicated, impaired or  incapacitated
  by alcohol or substances

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

  Section 1. Section 22.09 of the mental hygiene law, as added by  chap-
ter 558 of the laws of 1999, is amended to read as follows:
S 22.09 Emergency  services  for persons intoxicated, impaired, or inca-
          pacitated by alcohol and/or substances.
  (a) As used in this article:
  1. "Intoxicated or impaired person" means a  person  whose  mental  or
physical  functioning is substantially impaired as a result of the pres-
ence of alcohol and/or substances in his or her body.
  2. "Incapacitated" means that a person, as a  result  of  the  use  of
alcohol  and/or  substances,  is  unconscious or has his or her judgment
otherwise so impaired that he or  she  is  incapable  of  realizing  and
making  a  rational  decision with respect to his or her need for treat-
ment.
  3. "Likelihood to result in harm" or "likely to result in harm"  means
(i)  a  substantial risk of physical harm to the person as manifested by
threats of or attempts at  suicide  or  serious  bodily  harm  or  other
conduct  demonstrating  that  the  person  is  dangerous  to  himself or
herself, or (ii) 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 of serious physical harm.
  4.  ["Hospital" means a general hospital as defined in article twenty-
eight of the public health law]  "EMERGENCY  SERVICES"  MEANS  IMMEDIATE
PHYSICAL  EXAMINATION,  ASSESSMENT,  CARE  AND  EMERGENCY  TREATMENT  TO
ACHIEVE STABILIZATION, AND EVALUATION OR REFERRAL FOR FURTHER TREATMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13917-02-4

S. 7014                             2

  5. "TREATMENT FACILITY" MEANS A HOSPITAL AS DEFINED IN  ARTICLE  TWEN-
TY-EIGHT  OF  THE  PUBLIC  HEALTH  LAW, OR A CHEMICAL DEPENDENCE PROGRAM
FACILITY CERTIFIED OR APPROVED BY THE COMMISSIONER.
  (b)  An  intoxicated or impaired person may come voluntarily for emer-
gency [treatment] SERVICES to a chemical dependence program or treatment
facility authorized by the commissioner to give such  emergency  [treat-
ment]  SERVICES.  A person who appears to be intoxicated or impaired and
who consents to the proffered help may be assisted by any peace  officer
acting  pursuant  to  his or her special duties, police officer, or by a
designee of the director of community services to return to his  or  her
home,  to a chemical dependence program or treatment facility, or to any
other facility authorized by the commissioner to give emergency  [treat-
ment]  SERVICES.  In  such  cases, the peace officer, police officer, or
designee of the director  of  community  services  shall  accompany  the
intoxicated  or impaired person in a manner which is reasonably designed
to assure his or her safety[, as set forth in regulations promulgated in
accordance with subdivision (f) of this section].
  (c) A person  who  appears  to  be  incapacitated  by  alcohol  and/or
substances to the degree that there is a likelihood to result in harm to
the  person or to others may be taken by a peace officer acting pursuant
to his or her special duties, or a police officer who is a member of the
state police or of an authorized police department  or  force  or  of  a
sheriff's  department  or  by  the  director  of community services or a
person duly designated by him or her, OR UPON APPLICATION TO THE  DIREC-
TOR  OF  COMMUNITY SERVICES PURSUANT TO SUBDIVISION (F) OF THIS SECTION,
to a [general hospital or to any other place authorized by  the  commis-
sioner  in regulations promulgated in accordance with subdivision (f) of
this section to give emergency treatment,] TREATMENT FACILITY for  imme-
diate  observation,  ASSESSMENT,  care, and emergency treatment.   Every
reasonable effort shall be made to protect the health and safety of such
person, including but not limited to  the  requirement  that  the  peace
officer, police officer, or director of community services or his or her
designee shall accompany the apparently incapacitated person in a manner
which  is reasonably designed to assure his or her safety[, as set forth
in regulations promulgated in accordance with subdivision  (f)  of  this
section].
  (d)  A  person  who comes voluntarily or is brought without his or her
objection to any  such  [facility  or  program]  TREATMENT  FACILITY  in
accordance with subdivision (c) of this section shall be given emergency
care and treatment at such place if found suitable [therefor] by author-
ized  personnel,  or  referred to another suitable facility or treatment
program for care and treatment, or sent to his or her home.
  (e) A person who is brought with his or her objection to any [facility
or treatment program] TREATMENT FACILITY in accordance with  subdivision
(c)  of this section shall be examined as soon as possible by an examin-
ing physician. If such examining physician determines that  such  person
is  incapacitated  by alcohol and/or substances to the degree that there
is a likelihood to result in harm to the person or others, he or she may
be retained for ASSESSMENT, CARE  AND  emergency  treatment  TO  ACHIEVE
STABILIZATION.    If the examining physician determines that such person
is not incapacitated by alcohol and/or substances  to  the  degree  that
there  is  a likelihood to result in harm to the person or others, he or
she must be released. Notwithstanding any other law,  in  no  event  may
such person be retained against his or her objection beyond whichever is
the  shorter  of the following: (i) the time that he or she is no longer
incapacitated by alcohol and/or substances to the degree that there is a

S. 7014                             3

likelihood to result in harm to the person or others or  (ii)  a  period
longer than [forty-eight] SEVENTY-TWO hours.
  1. Every reasonable effort must be made to obtain the person's consent
to  give  prompt  notification  of a person's retention in a facility or
program pursuant to this section to  his  or  her  closest  relative  or
friend,  and,  if  requested  by such person, to his or her attorney and
personal physician, in accordance  with  federal  confidentiality  regu-
lations.
  2.  A  person  may  not  be retained pursuant to this section beyond a
period of [forty-eight] SEVENTY-TWO hours without his  or  her  consent.
Persons  suitable  therefor  may  be  voluntarily admitted to a chemical
dependence program or facility pursuant to this article.
  (f) [The commissioner shall promulgate regulations,  after  consulting
with representatives of appropriate law enforcement and chemical depend-
ence  providers  of services, establishing procedures for taking intoxi-
cated or impaired persons and persons apparently incapacitated by  alco-
hol  and/or  substances  to their residences or to appropriate public or
private facilities for emergency treatment and for minimizing  the  role
of the police in obtaining treatment of such persons] EMERGENCY SERVICES
MAY  BE  SOUGHT  FOR  AN  ADULT OR FOR A MINOR BY APPLICATION TO A LOCAL
GOVERNMENTAL UNIT'S DIRECTOR OF COMMUNITY SERVICES  IN  ACCORDANCE  WITH
THIS SUBDIVISION.
  1.  THE  FOLLOWING  PERSONS  MAY  MAKE  APPLICATION TO THE DIRECTOR OF
COMMUNITY SERVICES:
  (I) IN THE CASE OF AN ADULT, A PHYSICIAN, THE PERSON'S SPOUSE OR GUAR-
DIAN, ANY RELATIVE OF THE PERSON, OR ANY OTHER RESPONSIBLE ADULT WHO HAS
PERSONAL KNOWLEDGE OF THE PERSON'S SUBSTANCE ABUSE IMPAIRMENT; OR
  (II) IN THE CASE OF A MINOR, THE MINOR'S PARENT,  LEGAL  GUARDIAN,  OR
LEGAL CUSTODIAN.
  2.  AN  APPLICATION FOR EMERGENCY SERVICES MUST ESTABLISH THE NEED FOR
IMMEDIATE SERVICES AND CONTAIN THE NAME OF THE PERSON  TO  BE  ADMITTED,
THE  NAME  AND  SIGNATURE OF THE APPLICANT, THE RELATIONSHIP BETWEEN THE
PERSON TO BE ADMITTED AND THE APPLICANT, AND  FACTUAL  ALLEGATIONS  WITH
RESPECT TO:
  (I) THE REASON FOR THE APPLICANT'S BELIEF THAT THE PERSON IS SUBSTANCE
ABUSE IMPAIRED; AND
  (II)  THE  REASON  FOR  THE  APPLICANT'S  BELIEF  THAT BECAUSE OF SUCH
IMPAIRMENT THE PERSON HAS LOST THE POWER OF SELF-CONTROL WITH RESPECT TO
SUBSTANCE ABUSE; AND EITHER
  (A) THE REASON THE APPLICANT BELIEVES THAT THE PERSON HAS INFLICTED OR
IS LIKELY TO INFLICT PHYSICAL HARM  ON  HIMSELF  OR  HERSELF  OR  OTHERS
UNLESS ADMITTED; OR
  (B)  THE  REASON  THE  APPLICANT BELIEVES THAT THE PERSON'S REFUSAL TO
VOLUNTARILY RECEIVE SUBSTANCE ABUSE SERVICES IS  BASED  ON  JUDGMENT  SO
IMPAIRED  BY  REASON  OF  SUBSTANCE ABUSE THAT HE OR SHE IS INCAPABLE OF
APPRECIATING HIS OR HER NEED FOR SUCH SERVICES AND OF MAKING A  RATIONAL
DECISION REGARDING HIS OR HER NEED FOR SERVICES.
  3.  UPON  RECEIPT  OF  SUCH  APPLICATION,  THE  DIRECTOR  OF COMMUNITY
SERVICES SHALL TAKE ACTIONS PURSUANT TO SUBDIVISION (D) OR (E)  OF  THIS
SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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