Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to mental health and developmental disabilities |
Jun 21, 2013 |
committed to rules |
Jun 11, 2013 |
advanced to third reading |
Jun 10, 2013 |
2nd report cal. amended 5453a |
Jun 05, 2013 |
1st report cal.1137 |
May 16, 2013 |
referred to mental health and developmental disabilities |
Senate Bill S5453A
2013-2014 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2013-S5453 - Details
- Current Committee:
- Senate Mental Health And Developmental Disabilities
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§9.29 & 9.39, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S3650
2017-2018: S2942
2013-S5453 - Summary
Provides that when there is an involuntary admittance to an in-patient facility, the person's or the person's designee's choice of facility shall be respected as long as it is appropriate; provided, however, such choice shall be subject to the facility's ability to provide the person's necessary level of care and the availability of space.
2013-S5453 - Sponsor Memo
BILL NUMBER:S5453 TITLE OF BILL: An act to amend the mental hygiene law, in relation to involuntary admittance PURPOSE: The purpose of the bill is to respect a patient's choice of facility when being admitted involuntarily for treatment. SUMMARY OF PROVISIONS: Section 1 amends section 9.29 of the mental hygiene law to require that when there is an involuntary admittance to an in-patient facility the person's or the person's designee's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived. Section 2 amend section 9.39 of the mental hygiene law to require that when there is an involuntary admittance to an in-patient facility the person's or the person's designee's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived.
2013-S5453 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5453 2013-2014 Regular Sessions I N S E N A T E May 16, 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 involuntary admittance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 9.29 of the mental hygiene law is amended by adding a new subdivision (c) to read as follows: (C) WHEN THERE IS AN INVOLUNTARY ADMITTANCE TO AN IN-PATIENT FACILITY PURSUANT TO SECTION 9.27 OF THIS ARTICLE, THE PERSON'S OR THE PERSON'S DESIGNEE'S CHOICE OF FACILITY SHALL BE RESPECTED; PROVIDED, HOWEVER, SUCH CHOICE SHALL BE SUBJECT TO THE FACILITY'S ABILITY TO PROVIDE THE PERSON'S NECESSARY LEVEL OF CARE AND THE AVAILABILITY OF SPACE. S 2. Section 9.39 of the mental hygiene law is amended by adding a new subdivision (d) to read as follows: (D) WHEN THERE IS AN INVOLUNTARY ADMITTANCE TO AN IN-PATIENT FACILITY PURSUANT TO SECTION 9.27 OF THIS ARTICLE, THE PERSON'S OR THE PERSON'S DESIGNEE'S CHOICE OF FACILITY SHALL BE RESPECTED; PROVIDED, HOWEVER, SUCH CHOICE SHALL BE SUBJECT TO THE FACILITY'S ABILITY TO PROVIDE THE PERSON'S NECESSARY LEVEL OF CARE AND THE AVAILABILITY OF SPACE. S 3. 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11031-01-3
2013-S5453A (ACTIVE) - Details
- Current Committee:
- Senate Mental Health And Developmental Disabilities
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§9.29 & 9.39, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S3650
2017-2018: S2942
2013-S5453A (ACTIVE) - Summary
Provides that when there is an involuntary admittance to an in-patient facility, the person's or the person's designee's choice of facility shall be respected as long as it is appropriate; provided, however, such choice shall be subject to the facility's ability to provide the person's necessary level of care and the availability of space.
2013-S5453A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5453A TITLE OF BILL: An act to amend the mental hygiene law, in relation to involuntary admittance PURPOSE: The purpose of the bill is to respect a patient's choice of facility when being admitted involuntarily for treatment. SUMMARY OF PROVISIONS: Section 1 amends section 9.29 of the mental hygiene law to require that when there is an involuntary admittance to an in-patient facility the person's or the person's guardian's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived or if the health and safety of the individual would be jeopardized. Section 2 amend section 9.39 of the mental hygiene law to require that when there is an involuntary admittance to an in-patient facility the person's or the person's guardian's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived or if the health and safety of the individual would be jeopardize.
2013-S5453A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5453--A Cal. No. 1137 2013-2014 Regular Sessions I N S E N A T E May 16, 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 -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report AN ACT to amend the mental hygiene law, in relation to involuntary admittance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 9.29 of the mental hygiene law is amended by adding a new subdivision (c) to read as follows: (C) WHEN THERE IS AN INVOLUNTARY ADMITTANCE TO AN IN-PATIENT FACILITY PURSUANT TO SECTION 9.27 OF THIS ARTICLE, THE PERSON'S OR THE PERSON'S GUARDIAN'S CHOICE OF FACILITY SHALL BE RESPECTED; PROVIDED, HOWEVER, SUCH CHOICE SHALL BE SUBJECT TO THE FACILITY'S ABILITY TO PROVIDE THE PERSON'S NECESSARY LEVEL OF CARE AND THE AVAILABILITY OF A BED WITHIN A REASONABLE TIME PERIOD, AND PROVIDED THAT HONORING SUCH CHOICE WOULD NOT JEOPARDIZE THE HEALTH AND SAFETY OF THE INDIVIDUAL IN THE EXAMINING PHYSICIAN'S PROFESSIONAL JUDGMENT. S 2. Section 9.39 of the mental hygiene law is amended by adding a new subdivision (d) to read as follows: (D) WHEN THERE IS AN INVOLUNTARY ADMITTANCE TO AN IN-PATIENT FACILITY PURSUANT TO SECTION 9.27 OF THIS ARTICLE, THE PERSON'S OR THE PERSON'S GUARDIAN'S CHOICE OF FACILITY SHALL BE RESPECTED; PROVIDED, HOWEVER, SUCH CHOICE SHALL BE SUBJECT TO THE FACILITY'S ABILITY TO PROVIDE THE PERSON'S NECESSARY LEVEL OF CARE AND THE AVAILABILITY OF A BED WITHIN A REASONABLE TIME PERIOD, AND PROVIDED THAT HONORING SUCH CHOICE WOULD NOT JEOPARDIZE THE HEALTH AND SAFETY OF THE INDIVIDUAL IN THE EXAMINING PHYSICIAN'S PROFESSIONAL JUDGMENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11031-02-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.