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Senate Bill S5453A

2013-2014 Legislative Session

Relates to involuntary admittance

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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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

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

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

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