senate Bill S7651A

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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actions

  • 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 - 23.29, Ment Hyg L

Sponsor Memo

BILL NUMBER:S7651A

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

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

SUMMARY OF PROVISIONS:

Section 23.01 defines what assisted outpatient treatment for substance
abuse is.

Section 23.03 is definitions.

Section 23.05 sets forth the criteria for assisted outpatient
treatment of substance abuse and specifically defines for the purposes
of assisted outpatient treatment for substance abuse as a person who
is under the influence of an opioid.

Section 23.07 provides the process in which a person can petition the
court for an order authorizing assisted outpatient treatment for
substance abuse.

Sections 23.09 and 23.11 of this legislation provide for the service
and right to counsel to the subject of the petition.

Section 23.15 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 23.19 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 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 23.27 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 abuse and
to provide training focused on the issues of heroin and opioid
addiction.

Section 23.29 creates the assisted outpatient treatment for substance
abuse advisory council.

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--A

                            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 -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the  mental hygiene law, in relation to establishing
  protocols for assisted outpatient treatment for substance abuse

  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 ABUSE
SECTION 23.01 ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE.
        23.03 DEFINITIONS.
        23.05 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT  FOR  SUBSTANCE
                ABUSE.
        23.07 PETITION TO THE COURT.
        23.09 SERVICE.
        23.11 RIGHT TO COUNSEL.
        23.13 HEARING.
        23.15 WRITTEN TREATMENT PLAN.
        23.17 DISPOSITION.
        23.19 PETITIONS  FOR  ADDITIONAL PERIODS OF TREATMENT; PETITIONS
                FOR AN ORDER TO STAY, VACATE OR MODIFY; AND APPEALS.
        23.21 FAILURE TO COMPLY WITH ASSISTED OUTPATIENT TREATMENT.
        23.23 EFFECT OF DETERMINATION  THAT  A  PERSON  IS  IN  NEED  OF
                ASSISTED OUTPATIENT TREATMENT.
        23.25 FALSE PETITION.
        23.27 EDUCATION AND TRAINING.
        23.29 THE  ASSISTED  OUTPATIENT  TREATMENT  FOR  SUBSTANCE ABUSE
                ADVISORY COUNCIL.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15281-04-4

S. 7651--A                          2

S 23.01 ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE.
  THERE  IS  HEREBY  ESTABLISHED  THE  ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE PROGRAM.  THIS  PROGRAM  SHALL  SERVE  INDIVIDUALS  WITH
SUBSTANCE  USE  DISORDERS  WHO, DUE TO OPIOID ABUSE, REQUIRE SERVICES TO
PREVENT THEM FROM CAUSING HARM TO THEMSELVES AND OTHERS. THE COMMISSION-
ER, IN CONSULTATION WITH THE COMMISSIONER OF THE  DEPARTMENT  OF  HEALTH
AND  THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, AND IN CONJUNCTION
WITH THE ASSISTED OUTPATIENT  TREATMENT  FOR  SUBSTANCE  ABUSE  ADVISORY
COUNCIL,  SHALL PROMULGATE ALL RULES AND REGULATIONS NECESSARY TO IMPLE-
MENT THE PROVISIONS OF THIS ARTICLE.
S 23.03 DEFINITIONS.
  FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING  DEFINITIONS  SHALL
APPLY:
  (A)  "ASSISTED  OUTPATIENT  TREATMENT  FOR SUBSTANCE ABUSE" SHALL MEAN
CATEGORIES OF SERVICES THAT HAVE BEEN ORDERED BY THE COURT  PURSUANT  TO
THIS  ARTICLE.  SUCH TREATMENT SHALL INCLUDE CASE MANAGEMENT SERVICES TO
PROVIDE CARE COORDINATION, AND MAY ALSO INCLUDE  ANY  OF  THE  FOLLOWING
CATEGORIES  OF SERVICES: SUBSTANCE USE DISORDER SERVICES, DETOXIFICATION
AS DEEMED APPROPRIATE PURSUANT TO A WRITTEN TREATMENT  PLAN;  MEDICATION
SUPPORTED  RECOVERY;  INDIVIDUAL  OR  GROUP  THERAPY; DAY OR PARTIAL DAY
PROGRAMMING ACTIVITIES; TESTS FOR THE PRESENCE  OF  ALCOHOL  OR  ILLEGAL
DRUGS;  SUPERVISION  OF  LIVING ARRANGEMENTS; TREATMENT FOR CO-OCCURRING
DISORDERS; AND ANY OTHER  SERVICES  PRESCRIBED  TO  TREAT  THE  PERSON'S
SUBSTANCE  USE DISORDER AND TO ASSIST THE PERSON IN LIVING AND FUNCTION-
ING IN THE COMMUNITY, OR TO ATTEMPT TO  PREVENT  A  RELAPSE  OR  DETERI-
ORATION  THAT  MAY  REASONABLY  BE  PREDICTED  TO RESULT IN THE NEED FOR
HOSPITALIZATION OR SERIOUS HARM TO THE PERSON OR OTHERS.
  (B) "ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE PROGRAM"  SHALL
MEAN  A SYSTEM TO ARRANGE FOR, AND COORDINATE THE PROVISION OF, ASSISTED
OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE; TO MONITOR  TREATMENT  COMPLI-
ANCE  BY  ASSISTED OUTPATIENTS; TO TAKE APPROPRIATE STEPS TO ADDRESS THE
NEEDS OF SUCH INDIVIDUALS; AND TO ENSURE COMPLIANCE WITH COURT ORDERS.
  (C) "ASSISTED OUTPATIENT" SHALL MEAN THE PERSON UNDER A COURT ORDER TO
RECEIVE ASSISTED OUTPATIENT TREATMENT  FOR  SUBSTANCE  ABUSE  DUE  TO  A
SUBSTANCE USE DISORDER.
  (D)  "OPIOID" SHALL MEAN AN OPIATE, OPIUM, OPIUM POPPY OR POPPY STRAW;
AND ANY SALT, COMPOUND, DERIVATIVE, OR PREPARATION OF  THEREOF  THAT  IS
CHEMICALLY EQUIVALENT OR IDENTICAL TO SUCH SUBSTANCES.
  (E)  "SUBJECT  OF THE PETITION" OR "SUBJECT" SHALL MEAN THE PERSON WHO
IS ALLEGED IN A PETITION, FILED PURSUANT TO THE PROVISIONS OF THIS ARTI-
CLE,  TO  MEET  THE  CRITERIA  FOR  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE ABUSE.
  (F)  "SUBSTANCE USE DISORDER" SHALL MEAN THE MISUSE OF, DEPENDENCE ON,
OR ADDICTION TO A LEGAL OR ILLEGAL OPIOID LEADING TO  EFFECTS  THAT  ARE
DETRIMENTAL  TO  THE  INDIVIDUAL'S  PHYSICAL  AND  MENTAL HEALTH, OR THE
WELFARE OF OTHERS.
S 23.05 CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE.
  (A) A PERSON MAY BE ORDERED TO RECEIVE ASSISTED  OUTPATIENT  TREATMENT
FOR SUBSTANCE ABUSE IF THE COURT FINDS THAT SUCH PERSON:
  (1) IS EIGHTEEN YEARS OF AGE OR OLDER; AND
  (2) IS SUFFERING FROM A SUBSTANCE USE DISORDER; AND
  (3)  IS  UNLIKELY  TO  SURVIVE  SAFELY IN THE COMMUNITY WITHOUT SUPER-
VISION, BASED ON A CLINICAL DETERMINATION; AND
  (4) HAS A HISTORY OF LACK OF COMPLIANCE WITH TREATMENT FOR A SUBSTANCE
USE DISORDER, AS EVIDENCED BY:

S. 7651--A                          3

  (I) PRIOR TO THE FILING OF THE PETITION, AT  LEAST  TWICE  WITHIN  THE
LAST  THIRTY-SIX  MONTHS,  HIS  OR HER SUBSTANCE USE DISORDER HAS BEEN A
SIGNIFICANT FACTOR IN NECESSITATING HOSPITALIZATION IN  A  HOSPITAL,  AS
DEFINED  IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR RECEIPT OF
SUBSTANCE ABUSE TREATMENT SERVICES IN A CORRECTIONAL FACILITY OR A LOCAL
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
  (II) PRIOR TO THE 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;  PROVIDED,  HOWEVER, THAT USE OF AN OPIOID ALONE SHALL
NOT BE DEEMED AS SATISFYING THIS REQUIREMENT; AND
  (5) IS, AS A RESULT OF HIS OR HER SUBSTANCE ABUSE, UNLIKELY TO  VOLUN-
TARILY  PARTICIPATE IN SUBSTANCE USE DISORDER SERVICES THAT WOULD ENABLE
HIM OR HER TO LIVE SAFELY IN THE COMMUNITY; AND
  (6) IN VIEW OF HIS OR HER TREATMENT HISTORY AND CURRENT  BEHAVIOR,  IS
IN NEED OF ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE IN ORDER TO
PREVENT  A  RELAPSE  OR  DETERIORATION THAT WOULD BE LIKELY TO RESULT IN
SERIOUS HARM TO THE PERSON OR OTHERS; AND
  (7) IS LIKELY  TO  BENEFIT  FROM  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE ABUSE.
S 23.07 PETITION TO THE COURT.
  (A)  A PETITION FOR AN ORDER AUTHORIZING ASSISTED OUTPATIENT TREATMENT
FOR SUBSTANCE ABUSE 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 FOR SUBSTANCE ABUSE 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, OR CHILD OF THE SUBJECT OF THE  PETI-
TION WHO IS EIGHTEEN YEARS OF AGE OR OLDER; OR
  (3)  ANY  OTHER PERSON DEEMED APPROPRIATE BY THE COMMISSIONER IN REGU-
LATION.
  (B) THE PETITION SHALL STATE:
  (1) EACH  OF  THE  CRITERIA  FOR  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE ABUSE AS SET FORTH IN SECTION 23.05 OF THIS ARTICLE;
  (2)  FACTS  WHICH  SUPPORT THE PETITIONER'S BELIEF THAT THE SUBJECT OF
THE PETITION MEETS EACH CRITERION, PROVIDED  THAT  THE  HEARING  ON  THE
PETITION NEED NOT BE LIMITED TO THE STATED FACTS; AND
  (3)  THAT  THE  SUBJECT  OF  THE PETITION IS PRESENT, OR IS REASONABLY
BELIEVED TO BE PRESENT, WITHIN THE COUNTY WHERE SUCH PETITION IS FILED.
  (C) THE PETITION SHALL BE ACCOMPANIED BY AN AFFIRMATION  OR  AFFIDAVIT
OF A PHYSICIAN, WHO SHALL NOT BE THE PETITIONER, STATING EITHER THAT:
  (1) SUCH PHYSICIAN HAS PERSONALLY EXAMINED THE SUBJECT OF THE PETITION
NO  MORE  THAN  TEN DAYS PRIOR TO THE SUBMISSION OF THE PETITION, RECOM-
MENDS ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE FOR THE  SUBJECT
OF  THE  PETITION,  AND IS WILLING AND ABLE TO TESTIFY AT THE HEARING ON
THE PETITION; OR
  (2) NO MORE THAN TEN DAYS PRIOR TO THE FILING OF  THE  PETITION,  SUCH
PHYSICIAN  OR HIS OR HER DESIGNEE HAS MADE APPROPRIATE ATTEMPTS, BUT HAS
NOT BEEN SUCCESSFUL IN ELICITING THE COOPERATION OF THE SUBJECT  OF  THE
PETITION  TO  SUBMIT  TO  AN  EXAMINATION;  SUCH PHYSICIAN HAS REASON TO

S. 7651--A                          4

SUSPECT THAT THE SUBJECT OF THE PETITION MEETS THE CRITERIA FOR ASSISTED
OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE; AND SUCH PHYSICIAN IS  WILLING
AND ABLE TO EXAMINE THE SUBJECT OF THE PETITION AND TESTIFY AT THE HEAR-
ING ON THE PETITION.
  (D)  IN COUNTIES WITH A POPULATION OF LESS THAN SEVENTY-FIVE THOUSAND,
THE AFFIRMATION OR AFFIDAVIT REQUIRED BY SUBDIVISION (C) OF THIS SECTION
MAY BE MADE BY A PHYSICIAN WHO IS AN EMPLOYEE OF THE OFFICE.  THE OFFICE
IS AUTHORIZED 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 SUBDIVISION.
S 23.09 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 SUCH OTHER PERSONS AS  THE  COMMISSIONER  DEEMS
APPROPRIATE IN REGULATION.
S 23.11 RIGHT TO COUNSEL.
  THE  SUBJECT OF THE PETITION SHALL HAVE THE RIGHT TO BE REPRESENTED BY
COUNSEL AT ALL STAGES OF A PROCEEDING COMMENCED UNDER THIS SECTION.
S 23.13 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 FOR SUBSTANCE ABUSE EXPEDITIOUSLY. THE COURT  SHALL
CAUSE  THE  SUBJECT  OF  THE PETITION, ANY OTHER PERSON RECEIVING NOTICE
PURSUANT TO SECTION 23.09 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  THE PETITION IS AVAILABLE, EXAMINE THE SUBJECT OF THE PETI-
TION 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 PETI-
TION.
  (B) THE COURT  SHALL  NOT  ORDER  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE  ABUSE  UNLESS AN EXAMINING PHYSICIAN, WHO RECOMMENDS ASSISTED
OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE 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 DETERMINATIONS THAT SUPPORT THE  ALLEGATION  THAT
THE  SUBJECT  OF  THE  PETITION  MEETS EACH OF THE CRITERIA FOR ASSISTED
OUTPATIENT TREATMENT FOR SUBSTANCE  ABUSE.  THE  COMMISSIONER  SHALL  IN
REGULATION  ADDRESS  INSTANCES  IN  WHICH  THE  SUBJECT  OF THE PETITION
REFUSES EXAMINATION BY A PHYSICIAN.
  (C) A PHYSICIAN WHO TESTIFIES PURSUANT  TO  SUBDIVISION  (B)  OF  THIS
SECTION  SHALL STATE: (I) THE FACTS THAT SUPPORT THE ALLEGATION THAT THE
SUBJECT MEETS EACH OF THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE, (II) THAT THE TREATMENT IS THE LEAST RESTRICTIVE ALTER-
NATIVE,  (III)  THE  RECOMMENDED  ASSISTED  OUTPATIENT   TREATMENT   FOR
SUBSTANCE  ABUSE,  AND  (IV)  THE RATIONALE FOR THE RECOMMENDED ASSISTED
OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE. IF  THE  RECOMMENDED  ASSISTED

S. 7651--A                          5

OUTPATIENT  TREATMENT  FOR SUBSTANCE ABUSE INCLUDES MEDICATION SUPPORTED
RECOVERY, SUCH PHYSICIAN'S TESTIMONY SHALL PROVIDE SUCH DETAILS  AS  THE
COMMISSIONER SHALL REQUIRE IN REGULATION.
  (D)  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 23.15 WRITTEN TREATMENT PLAN.
  (A)  THE  COURT  SHALL  NOT  ORDER  ASSISTED  OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE UNLESS A PHYSICIAN DEVELOPS AND PROVIDES TO THE COURT  A
PROPOSED  WRITTEN TREATMENT PLAN, IN ACCORDANCE WITH REGULATIONS PROMUL-
GATED BY THE COMMISSIONER. THE WRITTEN TREATMENT PLAN SHALL INCLUDE CASE
MANAGEMENT SERVICES TO PROVIDE CARE COORDINATION. THE WRITTEN  TREATMENT
PLAN  ALSO  SHALL INCLUDE ALL CATEGORIES OF SERVICES THAT SUCH PHYSICIAN
RECOMMENDS THAT THE SUBJECT OF THE PETITION RECEIVE. ALL SUBSTANCE ABUSE
PROGRAMS SHALL BE NOTIFIED REGARDING  THEIR  INCLUSION  IN  THE  WRITTEN
TREATMENT PLAN.
  (B)  THE  PHYSICIAN  APPOINTED  TO  DEVELOP THE WRITTEN TREATMENT PLAN
SHALL PROVIDE THE FOLLOWING PERSONS  WITH  AN  OPPORTUNITY  TO  ACTIVELY
PARTICIPATE  IN  THE  DEVELOPMENT OF SUCH PLAN: THE SUBJECT OF THE PETI-
TION; THE TREATING PHYSICIAN, IF  ANY;  AND  UPON  THE  REQUEST  OF  THE
SUBJECT  OF  THE  PETITION,  AN  INDIVIDUAL  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 SHALL CONSIDER ANY
DIRECTIONS INCLUDED IN SUCH PROXY IN DEVELOPING  THE  WRITTEN  TREATMENT
PLAN.
  (C)  THE  COURT  SHALL  NOT  ORDER  ASSISTED  OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE UNLESS A PHYSICIAN WHO DEVELOPED SUCH PLAN TESTIFIES  TO
EXPLAIN  THE PROPOSED WRITTEN TREATMENT PLAN. SUCH PHYSICIAN SHALL STATE
THE CATEGORIES OF ASSISTED  OUTPATIENT  TREATMENT  FOR  SUBSTANCE  ABUSE
RECOMMENDED, THE RATIONALE FOR EACH SUCH CATEGORY, FACTS WHICH ESTABLISH
THAT  SUCH TREATMENT IS THE LEAST RESTRICTIVE ALTERNATIVE, AND ANY OTHER
INFORMATION REQUIRED BY THE COMMISSIONER IN REGULATION. IF  THE  SUBJECT
OF  THE  PETITION HAS EXECUTED A HEALTH CARE PROXY, SUCH PHYSICIAN SHALL
STATE THE CONSIDERATION GIVEN TO ANY DIRECTIONS INCLUDED IN  SUCH  PROXY
IN DEVELOPING THE WRITTEN TREATMENT PLAN.
S 23.17 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  FOR SUBSTANCE ABUSE, 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  FOR  SUBSTANCE  ABUSE,  AND
THERE  IS  NO APPROPRIATE AND FEASIBLE LESS RESTRICTIVE ALTERNATIVE, THE
COURT MAY ORDER THE SUBJECT TO RECEIVE ASSISTED OUTPATIENT TREATMENT FOR
SUBSTANCE ABUSE 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 FOR  SUBSTANCE  ABUSE
PLAN,  WHICH  SHALL INCLUDE ALL CATEGORIES OF ASSISTED OUTPATIENT TREAT-
MENT FOR SUBSTANCE ABUSE THAT 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 23.15 OF THIS ARTICLE.

S. 7651--A                          6

  (C) THE COMMISSIONER SHALL ESTABLISH IN REGULATION PROCEDURES FOR  THE
PROVISION  OR  ARRANGEMENT  FOR  ALL  CATEGORIES  OF ASSISTED OUTPATIENT
TREATMENT FOR SUBSTANCE ABUSE TO THE ASSISTED OUTPATIENT THROUGHOUT  THE
PERIOD OF THE ORDER.
  (D) 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 23.09
OF THIS ARTICLE.
S 23.19 PETITIONS FOR ADDITIONAL PERIODS OF TREATMENT; PETITIONS FOR  AN
          ORDER TO STAY, VACATE OR MODIFY; AND APPEALS.
  THE  COMMISSIONER  SHALL ESTABLISH IN REGULATION SUCH RULES AND PROCE-
DURES TO ENSURE THAT ASSISTED OUTPATIENTS: RECEIVE APPROPRIATE SUBSTANCE
USE DISORDER SERVICES; ARE AFFORDED ALL RIGHTS AND REMEDIES AVAILABLE BY
LAW WITH RESPECT TO THE ORDER  FOR  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE  ABUSE,  INCLUDING  THE ABILITY TO PETITION THE COURT TO STAY,
VACATE OR MODIFY THE ORDER; AND ARE GIVEN THE OPPORTUNITY TO  APPEAL  AN
ORDER ISSUED PURSUANT TO THIS ARTICLE.
S 23.21 FAILURE TO COMPLY WITH ASSISTED OUTPATIENT TREATMENT.
  WHERE  THE  SUBJECT  FAILS  TO COMPLY WITH THE ASSISTED OUTPATIENT FOR
SUBSTANCE ABUSE TREATMENT 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 TITLE.
S 23.23 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  FOR  SUBSTANCE ABUSE SHALL NOT BE CONSTRUED AS OR
DEEMED TO BE A DETERMINATION THAT SUCH PERSON IS INCAPACITATED  PURSUANT
TO ARTICLE EIGHTY-ONE OF THIS CHAPTER.
S 23.25 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 23.27 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, IN CONSULTATION WITH  THE  OFFICE  OF  COURT  ADMINIS-
TRATION,  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 23.29 THE ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE  ABUSE  ADVISORY
          COUNCIL.
  THERE   IS  HEREBY  CREATED  THE  ASSISTED  OUTPATIENT  TREATMENT  FOR
SUBSTANCE ABUSE ADVISORY COUNCIL.  (A) THE COUNCIL SHALL CONSIST OF: THE
COMMISSIONER, OR HIS OR HER DESIGNEE; THE COMMISSIONER OF MENTAL HEALTH,
OR HIS OR HER DESIGNEE; THE COMMISSIONER OF HEALTH, OR HIS OR HER DESIG-
NEE; AND FOURTEEN MEMBERS APPOINTED BY THE  GOVERNOR  BY  AND  WITH  THE
ADVICE  AND  CONSENT  OF THE SENATE. THE GOVERNOR SHALL DESIGNATE ONE OF
THE APPOINTED MEMBERS OF THE COUNCIL AS CHAIR, WHO SHALL SERVE  AS  SUCH

S. 7651--A                          7

FOR A THREE YEAR TERM. MEMBERSHIP SHALL BE REPRESENTATIVE OF THE PUBLIC,
SHALL  HAVE  BROAD  PROGRAMMATIC  AND  GEOGRAPHIC  REPRESENTATION, SHALL
INCLUDE BOTH NOT-FOR-PROFIT AND PROPRIETARY PROVIDERS OF SUBSTANCE ABUSE
SERVICES, AND SHALL INCLUDE:
  (1)  FIVE CONSUMER REPRESENTATIVES, INCLUDING PERSONS WHO ARE RECOVER-
ING FROM SUBSTANCE USE DISORDERS,  THEIR  FAMILY  MEMBERS,  AND  PATIENT
ADVOCATES.
  (2)  FIVE  REPRESENTATIVES  OF  PROVIDERS  OF SERVICES TO PERSONS WITH
SUBSTANCE USE DISORDERS, INCLUDING BUT NOT LIMITED TO REPRESENTATIVES OF
FREE STANDING SUBSTANCE ABUSE FACILITIES, GENERAL HOSPITALS, RESIDENTIAL
FACILITIES FOR PERSONS WHO ABUSE OR ARE DEPENDENT UPON  OPIOIDS,  METHA-
DONE  MAINTENANCE  PROGRAMS,  AND  OUTPATIENT FACILITIES FOR PERSONS WHO
ABUSE OR ARE DEPENDENT ON OPIOIDS. OF THESE APPOINTMENTS, AT  LEAST  ONE
REPRESENTATIVE MUST BE A PHYSICIAN.
  (3)  FOUR  REPRESENTATIVES  OF LAW ENFORCEMENT, LOCAL GOVERNMENTS, AND
PUBLIC AND PRIVATE PAYORS OF ALCOHOLISM SUBSTANCE ABUSE TREATMENT.
  (B) MEMBERS SHALL BE APPOINTED FOR  TERMS  OF  THREE  YEARS,  PROVIDED
HOWEVER,  THAT  OF  THE  MEMBERS  FIRST  APPOINTED,  ONE-THIRD  SHALL BE
APPOINTED FOR ONE YEAR TERMS AND ONE-THIRD SHALL BE  APPOINTED  FOR  TWO
YEAR  TERMS.  VACANCIES  SHALL  BE FILLED IN THE SAME MANNER AS ORIGINAL
APPOINTMENTS FOR THE REMAINDER OF ANY UNEXPIRED TERM.
  (C) THE COUNCIL SHALL MEET AT THE REQUEST OF ITS CHAIR OR THE  COMMIS-
SIONER,  BUT  NO  LESS  FREQUENTLY THAN FOUR TIMES IN EACH FULL CALENDAR
YEAR.
  (D) THE COUNCIL SHALL  PROVIDE  RECOMMENDATIONS  TO  THE  COMMISSIONER
REGARDING  POLICIES,  RULES  AND  REGULATIONS NECESSARY TO IMPLEMENT THE
ASSISTED OUTPATIENT TREATMENT FOR SUBSTANCE ABUSE PROGRAM  ACCORDING  TO
THIS ARTICLE.
  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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