senate Bill S7651

Amended

Establishes protocols for assisted outpatient treatment for substance abuse

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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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  • 23 / May / 2014
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE
  • 03 / Jun / 2014
    • REPORTED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO RULES
  • 03 / Jun / 2014
    • PRINT NUMBER 7651A
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1140
  • 09 / Jun / 2014
    • PASSED SENATE
  • 09 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 09 / Jun / 2014
    • REFERRED TO ALCOHOLISM AND DRUG ABUSE

Summary

Establishes protocols for assisted outpatient treatment for substance abuse; provides criteria for assisted outpatient treatment for substance abuse; provides for service, right to counsel, hearings, appeals and applications for additional periods of treatment; makes related changes.

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Bill Details

Versions:
S7651
S7651A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Add Art 23 ยงยง23.01 - 23.31, Ment Hyg L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
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Sponsor Memo

BILL NUMBER:S7651

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
establishing protocols for assisted outpatient treatment for substance
abusers

PURPOSE: This bill would create a process in which court-ordered
assisted outpatient treatment for substance abusers can be obtained
for individuals who are in need of services and are incapable of
helping themselves.

SUMMARY OF PROVISIONS:

Section 23.01 sets forth the criteria for assisted outpatient
treatment of substance abusers and specifically defines for the
purposes of assisted outpatient treatment for substance abuser as a
person who is under the influence of a controlled substance as defined
in subdivisions (b) and (c) of schedule I of section thirty-three
hundred six of the public health law.

Section 23.03 provides for the responsibility of services providers
who would be providing services and to ensure that the service
provider has the appropriate capabilities for safe treatment of a
person.

Section 23.05 provides the process in which a person can petition the
court for an order authorizing assisted outpatient treatment for
substance abusers.

Sections 23.07 and 23.09 of this legislation provide for the service
and right to counsel to the subject of the petition.

Section 23.11 provides for a court hearing to determine whether the
individual who is the subject of the petition meets the necessary
criteria for assisted outpatient treatment.

Section 23.13 of this legislation requires that a written treatment
plan be developed and provided to the court prior to the court
ordering assisted outpatient treatment.

Section 23.17 sets forth the process in which a petition for
additional periods of treatment may be obtained.

Section 23.19 of this legislation provides for the petition process
for an order to stay, vacate or modify the assisted outpatient
treatment.

Section 23.21 of this legislation sets forth the appeals process in
which the individual may appeal the court order for assisted
outpatient treatment.

Section 23.23 establishes the protocol in which an individual who
fails to comply with an court ordered treatment plan, shall be brought
to a facility or treatment program for emergency services.

Section 23.31 of this legislation requires the office of alcohol and
substance abuse services to prepare educational and training material


for the use of assisted outpatient treatment for substance abusers and
to provide training focused on the issues of heroin and opioid
addiction.

JUSTIFICATION: The New York State Senate Task force on Heroin and
Opioid Addiction has traveled across the State to hear firsthand how
heroin and opioid addiction has quickly become an epidemic that is
ravaging our communities.

Many of the people that attended these forums expressed the same
Concern about the inability to get a loved one the help they need
before it was to late. To address this major concern, this legislation
would establish a procedure in which someone could petition a court
and obtain an order for assisted outpatient treatment for a substance
abuser.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law

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

                                  7651

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  CARLUCCI, BALL, BONACIC, BOYLE, FELDER, GALLIVAN,
  GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO,  MARCHIONE,
  MARTINS,  MAZIARZ,  NOZZOLIO,  O'MARA,  RANZENHOFER,  RITCHIE, ROBACH,
  SAVINO, SEWARD, VALESKY, YOUNG -- 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  establishing
  protocols for assisted outpatient treatment for substance abusers

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

  Section 1. The mental hygiene law is amended by adding a  new  article
23 to read as follows:
                               ARTICLE 23
           ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSERS
SECTION 23.01 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR
                SUBSTANCE ABUSERS.
        23.03 RESPONSIBILITIES OF SERVICE PROVIDERS.
        23.05 PETITION TO THE COURT.
        23.07 SERVICE.
        23.09 RIGHT TO COUNSEL.
        23.11 HEARING.
        23.13 WRITTEN TREATMENT PLAN.
        23.15 DISPOSITION.
        23.17 PETITION FOR ADDITIONAL PERIODS OF TREATMENT.
        23.19 PETITION FOR AN ORDER TO STAY, VACATE OR MODIFY.
        23.21 APPEALS.
        23.23 FAILURE TO COMPLY WITH ASSISTED OUTPATIENT TREATMENT.
        23.25 EFFECT OF DETERMINATION THAT A PERSON IS IN NEED OF
                ASSISTED OUTPATIENT TREATMENT.
        23.27 FALSE PETITION.
        23.29 EXCEPTION.
        23.31 EDUCATION AND TRAINING.
S 23.01 CRITERIA FOR ASSISTED  OUTPATIENT  TREATMENT FOR SUBSTANCE ABUS-
          ERS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD15281-02-4

S. 7651                             2

  (A) A PERSON MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT  FOR
SUBSTANCE ABUSE IF THERE IS A GOOD FAITH REASON TO BELIEVE THE PERSON IS
SUBSTANCE ABUSE IMPAIRED AND, BECAUSE OF SUCH IMPAIRMENT SUCH PERSON HAS
LOST  THE  POWER  OF  SELF-CONTROL  WITH  RESPECT  TO SUBSTANCE USE, AND
EITHER:
  (1)  HAS  INFLICTED,  OR THREATENED OR ATTEMPTED TO INFLICT, OR UNLESS
PLACED IN TREATMENT IS LIKELY TO INFLICT, PHYSICAL HARM  ON  HIMSELF  OR
HERSELF OR ANOTHER; OR
  (2) IS IN NEED OF SUBSTANCE ABUSE SERVICES AND, BY REASON OF SUBSTANCE
ABUSE  IMPAIRMENT,  HIS  OR  HER  JUDGMENT HAS BEEN SO IMPAIRED THAT THE
PERSON IS INCAPABLE OF APPRECIATING HIS OR HER NEED  FOR  SUCH  SERVICES
AND  OF  MAKING  A  RATIONAL  DECISION  IN REGARD THERETO; HOWEVER, MERE
REFUSAL TO RECEIVE SUCH SERVICES DOES NOT CONSTITUTE EVIDENCE OF LACK OF
JUDGMENT WITH RESPECT TO HIS OR HER NEED FOR SUCH SERVICES; AND
  (B) A PERSON MEETS THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT  FOR
SUBSTANCE  ABUSE IF A COURT OF COMPETENT JURISDICTION FINDS BY CLEAR AND
CONVINCING EVIDENCE THAT THE SUBJECT OF THE PETITION MEETS  ALL  OF  THE
FOLLOWING CRITERIA:
  (1) IS EIGHTEEN YEARS OF AGE OR OLDER;
  (2)  HAS  A HISTORY OF LACK OF COMPLIANCE WITH TREATMENT FOR SUBSTANCE
ABUSE THAT HAS:
  (A) PRIOR TO THE FILING OF THE PETITION, AT  LEAST  TWICE  WITHIN  THE
LAST THIRTY-SIX MONTHS BEEN A SIGNIFICANT FACTOR IN NECESSITATING HOSPI-
TALIZATION  IN A HOSPITAL, OR RECEIPT OF SERVICES FOR SUBSTANCE ABUSE IN
A CORRECTIONAL FACILITY, NOT INCLUDING ANY  CURRENT  PERIOD,  OR  PERIOD
ENDING  WITHIN  THE  LAST  SIX MONTHS, DURING WHICH THE PERSON WAS OR IS
HOSPITALIZED OR INCARCERATED; OR
  (B) PRIOR TO FILING OF THE PETITION, RESULTED IN ONE OR MORE  ACTS  OF
SERIOUS  VIOLENT  BEHAVIOR  TOWARD  SELF  OR  OTHERS  OR  THREATS OF, OR
ATTEMPTS AT, SERIOUS PHYSICAL HARM TO SELF OR  OTHERS  WITHIN  THE  LAST
FORTY-EIGHT  MONTHS,  NOT INCLUDING ANY CURRENT PERIOD, OR PERIOD ENDING
WITHIN THE LAST SIX MONTHS, IN WHICH THE PERSON WAS OR  IS  HOSPITALIZED
OR INCARCERATED;
  (3) IS IN NEED OF SUBSTANCE ABUSE SERVICES AND, BY REASON OF SUBSTANCE
ABUSE  IMPAIRMENT,  HIS  OR  HER  JUDGMENT HAS BEEN SO IMPAIRED THAT THE
PERSON IS INCAPABLE OF APPRECIATING HIS OR HER NEED  FOR  SUCH  SERVICES
AND  OF  MAKING  A  RATIONAL  DECISION  IN REGARD THERETO; HOWEVER, MERE
REFUSAL TO RECEIVE SUCH SERVICES DOES NOT CONSTITUTE EVIDENCE OF LACK OF
JUDGMENT WITH RESPECT TO HIS OR HER NEED FOR SUCH SERVICES;
  (4) IS, AS A RESULT OF HIS OR HER SUBSTANCE ABUSE, UNLIKELY TO  VOLUN-
TARILY  PARTICIPATE IN THE OUTPATIENT TREATMENT THAT WOULD ENABLE HIM OR
HER TO LIVE SAFELY IN THE COMMUNITY; AND
  (5) IS LIKELY TO BENEFIT FROM ASSISTED OUTPATIENT TREATMENT.
  (C) A COURT MAY NOT GRANT SUCH PETITION UNLESS IT FINDS THAT  ASSISTED
OUTPATIENT  TREATMENT IS THE LEAST RESTRICTIVE ALTERNATIVE AVAILABLE FOR
THE PERSON.
  (D) FOR THE PURPOSES OF THIS ARTICLE, THE TERM "SUBSTANCE ABUSE" SHALL
MEAN PERSONS WHO ARE UNDER THE INFLUENCE OF A  CONTROLLED  SUBSTANCE  AS
DEFINED   IN   SUBDIVISIONS  (B)  AND  (C)  OF  SCHEDULE  I  OF  SECTION
THIRTY-THREE HUNDRED SIX OF THE PUBLIC HEALTH LAW.
S 23.03 RESPONSIBILITIES OF SERVICE PROVIDERS.
  IT IS THE RESPONSIBILITY OF THE SERVICE PROVIDER TO:
  (A) ENSURE THAT A PERSON WHO IS ADMITTED TO A SERVICE  PROVIDER  MEETS
THE ADMISSION CRITERIA SPECIFIED BY SECTION 23.01 OF THIS ARTICLE;

S. 7651                             3

  (B)  ASCERTAIN  WHETHER  THE  MEDICAL AND BEHAVIORAL CONDITIONS OF THE
PERSON AS PRESENTED ARE WITHIN THE SAFE MANAGEMENT CAPABILITIES  OF  THE
SERVICE PROVIDERS; AND
  (C)  PROVIDE  FOR THE ADMISSION OF THE PERSON TO THE SERVICE COMPONENT
THAT REPRESENTS THE LEAST RESTRICTIVE AVAILABLE SETTING THAT IS  RESPON-
SIVE TO THE PERSON'S TREATMENT NEEDS.
S 23.05 PETITION TO THE COURT.
  (A)  A PETITION FOR AN ORDER AUTHORIZING ASSISTED OUTPATIENT TREATMENT
FOR SUBSTANCE ABUSERS MAY BE FILED IN THE SUPREME OR COUNTY COURT IN THE
COUNTY IN WHICH THE SUBJECT OF THE PETITION  IS  PRESENT  OR  REASONABLY
BELIEVED  TO  BE  PRESENT.  A  PETITION  TO  OBTAIN AN ORDER AUTHORIZING
ASSISTED OUTPATIENT TREATMENT MAY BE INITIATED  ONLY  BY  THE  FOLLOWING
PERSONS:
  (1) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER WITH WHOM THE SUBJECT OF
THE PETITION RESIDES; OR
  (2)  THE  PARENT,  SPOUSE,  SIBLING EIGHTEEN YEARS OF AGE OR OLDER, OR
CHILD EIGHTEEN YEARS OR OLDER OF THE SUBJECT OF THE PETITION; OR
  (3) THE DIRECTOR OF A HOSPITAL IN WHICH THE SUBJECT OF THE PETITION IS
HOSPITALIZED; OR
  (4) THE DIRECTOR OF ANY PUBLIC OR CHARITABLE ORGANIZATION,  AGENCY  OR
HOME  PROVIDING  SUBSTANCE ABUSE SERVICES TO THE SUBJECT OF THE PETITION
IN WHOSE INSTITUTION THE SUBJECT OF THE PETITION RESIDES; OR
  (5) THE DIRECTOR OF COMMUNITY SERVICES, OR SOCIAL SERVICES OFFICIAL OF
THE CITY OR COUNTY WHERE THE PERSON IS PRESENT OR IS REASONABLY BELIEVED
TO BE PRESENT; OR
  (6) A PAROLE OFFICER OR PROBATION OFFICER ASSIGNED  TO  SUPERVISE  THE
PERSON.
  (B)  THE  PETITION  MUST ALLEGE THAT THE SUBJECT OF THE PETITION MEETS
THE CRITERIA FOR ASSISTED OUTPATIENT  TREATMENT  FOR  SUBSTANCE  ABUSERS
CRITERIA  AS  DEFINED  IN  SECTION  23.01  OF  THIS  ARTICLE AND MUST BE
SUPPORTED BY A SWORN STATEMENT OF ANY PERSON IDENTIFIED  IN  SUBDIVISION
(A) OF THIS SECTION.
S 23.07 SERVICE.
  THE  PETITIONER SHALL CAUSE WRITTEN NOTICE OF THE PETITION TO BE GIVEN
TO THE SUBJECT OF THE PETITION AND A COPY THEREOF TO BE GIVEN PERSONALLY
OR BY MAIL TO THE HEALTH CARE AGENT IF ANY SUCH AGENT IS  KNOWN  TO  THE
PETITIONER,  THE  APPROPRIATE  PROGRAM  COORDINATOR, AND THE APPROPRIATE
DIRECTOR OF COMMUNITY SERVICES, IF SUCH DIRECTOR IS NOT THE PETITIONER.
S 23.09 RIGHT TO COUNSEL.
  THE SUBJECT OF THE PETITION SHALL HAVE THE RIGHT TO BE REPRESENTED  BY
A PUBLIC DEFENDER OR ASSIGNED COUNSEL, OR PRIVATELY FINANCED COUNSEL, AT
ALL STAGES OF A PROCEEDING COMMENCED UNDER THIS SECTION.
S 23.11 HEARING.
  (A)  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 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 SECTION
23.07 OF THIS ARTICLE, THE PETITIONER, THE PHYSICIAN  WHOSE  AFFIRMATION
OR  AFFIDAVIT  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 TESTIMONY AND, IF IT BE DEEMED ADVISABLE AND THE  SUBJECT  OF

S. 7651                             4

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  APPROPRIATE  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.
  (B)  THE COURT SHALL NOT ORDER ASSISTED OUTPATIENT TREATMENT UNLESS AN
EXAMINING PHYSICIAN, WHO RECOMMENDS ASSISTED  OUTPATIENT  TREATMENT  AND
HAS  PERSONALLY  EXAMINED  THE  SUBJECT OF THE PETITION NO MORE THAN SIX
MONTHS BEFORE THE FILING OF THE PETITION, TESTIFIES  IN  PERSON  AT  THE
HEARING.  SUCH  PHYSICIAN  SHALL  STATE  THE FACTS AND CLINICAL DETERMI-
NATIONS WHICH SUPPORT THE ALLEGATION THAT THE SUBJECT  OF  THE  PETITION
MEETS EACH OF THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT.
  (C)  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.
S 23.13 WRITTEN TREATMENT PLAN.
  (A)  THE  COURT SHALL NOT ORDER ASSISTED OUTPATIENT TREATMENT UNLESS A
PHYSICIAN APPOINTED BY THE APPROPRIATE DIRECTOR,  IN  CONSULTATION  WITH
SUCH  DIRECTOR,  DEVELOPS  AND  PROVIDES TO THE COURT A PROPOSED WRITTEN
TREATMENT PLAN. THE WRITTEN TREATMENT PLAN SHALL INCLUDE CASE MANAGEMENT
SERVICES OR ASSERTIVE COMMUNITY TREATMENT TEAM SERVICES TO PROVIDE  CARE
COORDINATION.  THE WRITTEN TREATMENT PLAN ALSO SHALL INCLUDE ALL CATEGO-
RIES OF SERVICES WHICH SUCH PHYSICIAN 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 A DIRECTOR IS THE PETITIONER, THE  WRIT-
TEN 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 SUBDIVISION (C) OF  SECTION  23.15  OF
THIS ARTICLE.
  THE  PHYSICIAN  APPOINTED  TO DEVELOP THE WRITTEN TREATMENT PLAN SHALL
PROVIDE THE FOLLOWING PERSONS WITH AN OPPORTUNITY  TO  ACTIVELY  PARTIC-
IPATE  IN THE DEVELOPMENT OF SUCH PLAN: THE SUBJECT OF THE PETITION; THE
TREATING PHYSICIAN, IF ANY; AND UPON THE REQUEST OF THE SUBJECT  OF  THE
PETITION,  AN  INDIVIDUAL SIGNIFICANT TO THE SUBJECT INCLUDING ANY RELA-
TIVE, 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 SHALL CONSIDER ANY DIRECTIONS INCLUDED IN
SUCH PROXY IN DEVELOPING THE WRITTEN TREATMENT PLAN.
  (B)  THE  COURT SHALL NOT ORDER ASSISTED OUTPATIENT TREATMENT UNLESS A
PHYSICIAN APPEARING ON BEHALF OF A DIRECTOR  TESTIFIES  TO  EXPLAIN  THE
WRITTEN  PROPOSED TREATMENT PLAN. SUCH PHYSICIAN SHALL STATE THE CATEGO-
RIES 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  OUTPA-
TIENT TREATMENT PLAN INCLUDES MEDICATION, SUCH PHYSICIAN SHALL STATE THE
TYPES  OR  CLASSES  OF MEDICATION RECOMMENDED, THE BENEFICIAL AND DETRI-
MENTAL PHYSICAL AND MENTAL EFFECTS OF SUCH MEDICATION, AND WHETHER  SUCH
MEDICATION  SHOULD BE SELF-ADMINISTERED OR ADMINISTERED BY AN AUTHORIZED
PROFESSIONAL. IF THE SUBJECT OF THE PETITION HAS EXECUTED A HEALTH  CARE
PROXY,  SUCH  PHYSICIAN  SHALL  STATE  THE  CONSIDERATION  GIVEN  TO ANY

S. 7651                             5

DIRECTIONS INCLUDED IN SUCH PROXY IN DEVELOPING  THE  WRITTEN  TREATMENT
PLAN.  IF A DIRECTOR IS THE PETITIONER, TESTIMONY PURSUANT TO THIS PARA-
GRAPH 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 SUBDIVISION (C) OF  SECTION  23.15  OF
THIS ARTICLE.
S 23.15 DISPOSITION.
  (A) IF AFTER HEARING ALL RELEVANT EVIDENCE, THE COURT DOES NOT FIND BY
CLEAR AND CONVINCING EVIDENCE THAT THE SUBJECT OF THE PETITION MEETS THE
CRITERIA  FOR ASSISTED OUTPATIENT TREATMENT, THE COURT SHALL DISMISS THE
PETITION.
  (B) IF AFTER HEARING ALL RELEVANT EVIDENCE, THE COURT FINDS  BY  CLEAR
AND  CONVINCING  EVIDENCE  THAT  THE  SUBJECT  OF THE PETITION MEETS THE
CRITERIA FOR ASSISTED OUTPATIENT TREATMENT, AND THERE IS NO  APPROPRIATE
AND  FEASIBLE  LESS  RESTRICTIVE  ALTERNATIVE,  THE  COURT MAY ORDER THE
SUBJECT TO RECEIVE ASSISTED OUTPATIENT TREATMENT FOR AN  INITIAL  PERIOD
NOT  TO  EXCEED  SIX  MONTHS.  IN  FASHIONING THE ORDER, THE COURT SHALL
SPECIFICALLY MAKE FINDINGS BY CLEAR AND  CONVINCING  EVIDENCE  THAT  THE
PROPOSED  TREATMENT  IS  THE LEAST RESTRICTIVE TREATMENT APPROPRIATE AND
FEASIBLE FOR THE SUBJECT. THE ORDER SHALL STATE AN  ASSISTED  OUTPATIENT
TREATMENT  PLAN,  WHICH  SHALL INCLUDE ALL CATEGORIES OF ASSISTED OUTPA-
TIENT TREATMENT WHICH THE ASSISTED OUTPATIENT IS TO RECEIVE,  BUT  SHALL
NOT  INCLUDE ANY SUCH CATEGORY THAT HAS NOT BEEN RECOMMENDED IN BOTH THE
PROPOSED WRITTEN TREATMENT PLAN AND THE TESTIMONY PROVIDED TO THE  COURT
PURSUANT TO SECTION 23.13 OF THIS ARTICLE.
  (C)  IF  AFTER HEARING ALL RELEVANT EVIDENCE PRESENTED BY A PETITIONER
WHO IS NOT A DIRECTOR, THE COURT FINDS BY CLEAR AND CONVINCING  EVIDENCE
THAT  THE SUBJECT OF THE PETITION MEETS THE CRITERIA FOR ASSISTED OUTPA-
TIENT TREATMENT, AND THE COURT HAS YET TO BE  PROVIDED  WITH  A  WRITTEN
PROPOSED  TREATMENT PLAN AND TESTIMONY PURSUANT TO SECTION 23.13 OF THIS
ARTICLE, THE COURT SHALL ORDER THE APPROPRIATE DIRECTOR TO  PROVIDE  THE
COURT  WITH SUCH PLAN AND TESTIMONY NO LATER THAN THE THIRD DAY, EXCLUD-
ING SATURDAYS, SUNDAYS AND HOLIDAYS, IMMEDIATELY FOLLOWING THE  DATE  OF
SUCH  ORDER. UPON RECEIVING SUCH PLAN AND TESTIMONY, THE COURT MAY ORDER
ASSISTED OUTPATIENT TREATMENT AS PROVIDED FOR IN SUBDIVISION (B) OF THIS
SECTION.
  (D) IF THE PETITIONER IS THE DIRECTOR OF A HOSPITAL THAT  OPERATES  AN
ASSISTED  OUTPATIENT TREATMENT PROGRAM, THE COURT ORDER SHALL DIRECT THE
HOSPITAL DIRECTOR TO PROVIDE OR ARRANGE FOR ALL CATEGORIES  OF  ASSISTED
OUTPATIENT  TREATMENT  FOR THE ASSISTED OUTPATIENT THROUGHOUT THE PERIOD
OF THE ORDER. IN ALL OTHER INSTANCES, THE ORDER SHALL REQUIRE THE APPRO-
PRIATE DIRECTOR, AS THAT TERM IS DEFINED IN THIS SECTION, TO PROVIDE  OR
ARRANGE  FOR  ALL  CATEGORIES  OF  ASSISTED OUTPATIENT TREATMENT FOR THE
ASSISTED OUTPATIENT THROUGHOUT THE PERIOD OF THE ORDER.
  (E) THE DIRECTOR SHALL CAUSE A COPY OF ANY COURT ORDER ISSUED PURSUANT
TO THIS SECTION TO BE SERVED PERSONALLY, OR BY MAIL, FACSIMILE OR  ELEC-
TRONIC  MEANS,  UPON  THE  ASSISTED  OUTPATIENT, OR ANYONE ACTING ON THE
ASSISTED  OUTPATIENT'S  BEHALF,  THE  ORIGINAL  PETITIONER,   IDENTIFIED
SERVICE PROVIDERS, AND ALL OTHERS ENTITLED TO NOTICE UNDER SECTION 23.07
OF THIS ARTICLE.
S 23.17 PETITION FOR ADDITIONAL PERIODS OF TREATMENT.
  (A)  PRIOR TO THE EXPIRATION OF AN ORDER PURSUANT TO THIS SECTION, THE
APPROPRIATE  DIRECTOR  SHALL  REVIEW  WHETHER  THE  ASSISTED  OUTPATIENT
CONTINUES TO MEET THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT. IF, AS
DOCUMENTED  IN  THE PETITION, THE DIRECTOR DETERMINES THAT SUCH CRITERIA
CONTINUE TO BE MET OR HAS MADE APPROPRIATE ATTEMPTS TO, BUT HAS NOT BEEN

S. 7651                             6

SUCCESSFUL IN ELICITING, THE COOPERATION OF THE SUBJECT TO SUBMIT TO  AN
EXAMINATION,  WITHIN  THIRTY DAYS PRIOR TO THE EXPIRATION OF AN ORDER OF
ASSISTED OUTPATIENT TREATMENT, SUCH DIRECTOR MAY PETITION THE  COURT  TO
ORDER  CONTINUED ASSISTED OUTPATIENT TREATMENT PURSUANT TO PARAGRAPH TWO
OF THIS SUBDIVISION. UPON DETERMINING WHETHER SUCH CRITERIA CONTINUE  TO
BE MET, SUCH DIRECTOR SHALL NOTIFY THE PROGRAM COORDINATOR IN WRITING AS
TO  WHETHER  A  PETITION  FOR CONTINUED ASSISTED OUTPATIENT TREATMENT IS
WARRANTED AND WHETHER SUCH A PETITION WAS OR WILL BE FILED.
  (B) WITHIN THIRTY DAYS PRIOR TO THE EXPIRATION OF AN ORDER OF ASSISTED
OUTPATIENT TREATMENT, THE APPROPRIATE DIRECTOR OR THE CURRENT  PETITION-
ER,  IF THE CURRENT PETITION WAS FILED PURSUANT TO SECTION 23.05 OF THIS
ARTICLE, 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 NOTICE PROVISIONS SET FORTH IN SECTION 23.15 OF THIS ARTICLE SHALL
BE APPLICABLE. ANY COURT ORDER REQUIRING PERIODIC BLOOD TESTS OR  URINA-
LYSIS  FOR  THE PRESENCE OF ALCOHOL OR ILLEGAL DRUGS SHALL BE SUBJECT TO
REVIEW AFTER SIX MONTHS BY  THE  PHYSICIAN  WHO  DEVELOPED  THE  WRITTEN
TREATMENT PLAN OR ANOTHER PHYSICIAN DESIGNATED BY THE DIRECTOR, AND SUCH
PHYSICIAN  SHALL BE AUTHORIZED TO TERMINATE SUCH BLOOD TESTS OR URINALY-
SIS WITHOUT FURTHER ACTION BY THE COURT.
S 23.19 PETITION FOR AN ORDER TO STAY, VACATE OR MODIFY.
  (A) IN ADDITION TO ANY OTHER RIGHT OR REMEDY  AVAILABLE  BY  LAW  WITH
RESPECT  TO  THE  ORDER  FOR ASSISTED OUTPATIENT TREATMENT, THE ASSISTED
OUTPATIENT, OR ANYONE ACTING ON THE  ASSISTED  OUTPATIENT'S  BEHALF  MAY
PETITION  THE  COURT ON NOTICE TO THE DIRECTOR, THE ORIGINAL PETITIONER,
AND ALL OTHERS ENTITLED TO NOTICE UNDER SECTION 23.07 OF THIS ARTICLE TO
STAY, VACATE OR MODIFY THE ORDER.
  (B) THE APPROPRIATE DIRECTOR SHALL PETITION  THE  COURT  FOR  APPROVAL
BEFORE INSTITUTING A PROPOSED MATERIAL CHANGE IN THE ASSISTED OUTPATIENT
TREATMENT  PLAN,  UNLESS  SUCH  CHANGE IS AUTHORIZED BY THE ORDER OF THE
COURT. SUCH PETITION SHALL BE FILED ON NOTICE TO ALL PARTIES ENTITLED TO
NOTICE UNDER SECTION 23.07 OF THIS ARTICLE. NOT  LATER  THAN  FIVE  DAYS
AFTER  RECEIVING  SUCH  PETITION, EXCLUDING SATURDAYS, SUNDAYS AND HOLI-
DAYS, THE COURT SHALL HOLD A HEARING ON THE PETITION; PROVIDED  THAT  IF
THE  ASSISTED  OUTPATIENT INFORMS THE COURT THAT HE OR SHE AGREES TO THE
PROPOSED MATERIAL CHANGE, THE COURT MAY APPROVE SUCH  CHANGE  WITHOUT  A
HEARING.  NON-MATERIAL CHANGES MAY BE INSTITUTED BY THE DIRECTOR WITHOUT
COURT APPROVAL. FOR THE PURPOSES OF THIS PARAGRAPH, A MATERIAL CHANGE IS
AN ADDITION OR DELETION OF A CATEGORY OF SERVICES TO OR FROM  A  CURRENT
ASSISTED  OUTPATIENT  TREATMENT  PLAN,  OR  ANY  DEVIATION  WITHOUT  THE
ASSISTED OUTPATIENT'S CONSENT FROM THE TERMS OF A CURRENT ORDER RELATING
TO THE ADMINISTRATION OF PSYCHOTROPIC DRUGS.
S 23.21 APPEALS.
  REVIEW OF AN ORDER ISSUED PURSUANT TO THIS SECTION  SHALL  BE  HAD  IN
LIKE  MANNER  AS SPECIFIED IN SECTION 9.35 OF ARTICLE NINE OF THIS CHAP-
TER.
S 23.23 FAILURE TO COMPLY WITH ASSISTED OUTPATIENT TREATMENT.
  WHERE THE SUBJECT FAILS TO COMPLY WITH THE  ASSISTED  OUTPATIENT  PLAN
SET  FORTH IN ACCORDANCE WITH SECTION 23.15 OF THIS ARTICLE, THE SUBJECT
SHALL BE BROUGHT TO  A  FACILITY  OR  TREATMENT  PROGRAM  FOR  EMERGENCY
SERVICES PURSUANT TO SECTION 22.09 OF THIS CHAPTER.

S. 7651                             7

S  23.25  EFFECT  OF  DETERMINATION THAT A PERSON IS IN NEED OF ASSISTED
          OUTPATIENT TREATMENT.
  THE  DETERMINATION  BY  A  COURT  THAT A PERSON IS IN NEED OF ASSISTED
OUTPATIENT TREATMENT SHALL NOT BE CONSTRUED AS OR DEEMED TO BE A  DETER-
MINATION   THAT   SUCH  PERSON  IS  INCAPACITATED  PURSUANT  TO  ARTICLE
EIGHTY-ONE OF THIS CHAPTER.
S 23.27 FALSE PETITION.
  A PERSON MAKING A FALSE STATEMENT OR PROVIDING  FALSE  INFORMATION  OR
FALSE  TESTIMONY  IN  A  PETITION OR HEARING UNDER THIS SECTION SHALL BE
SUBJECT TO CRIMINAL PROSECUTION PURSUANT TO ARTICLE ONE  HUNDRED  SEVEN-
TY-FIVE OR ARTICLE TWO HUNDRED TEN OF THE PENAL LAW.
S 23.29 EXCEPTION.
  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO AFFECT THE ABILITY OF
THE DIRECTOR OF A HOSPITAL TO RECEIVE, ADMIT,  OR  RETAIN  PATIENTS  WHO
OTHERWISE  MEET  THE  PROVISIONS  OF  THIS  ARTICLE  REGARDING  RECEIPT,
RETENTION OR ADMISSION.
S 23.31 EDUCATION AND TRAINING.
  (A) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN  CONSUL-
TATION  WITH  THE  OFFICE  OF COURT ADMINISTRATION, SHALL PREPARE EDUCA-
TIONAL AND TRAINING MATERIALS ON THE USE OF THIS SECTION, WHICH SHALL BE
MADE AVAILABLE TO LOCAL GOVERNMENTAL UNITS, PROVIDERS OF SERVICES, JUDG-
ES, COURT PERSONNEL, LAW ENFORCEMENT OFFICIALS AND THE GENERAL PUBLIC.
  (B) THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, IN  CONSUL-
TATION  WITH  THE  OFFICE  OF  COURT  ADMINISTRATION,  SHALL ESTABLISH A
SUBSTANCE ABUSE TRAINING PROGRAM FOR SUPREME AND COUNTY COURT JUDGES AND
COURT PERSONNEL. SUCH TRAINING SHALL FOCUS ON THE USE  OF  THIS  SECTION
AND GENERALLY ADDRESS ISSUES RELATING TO HEROIN AND OPIOID ADDICTION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

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