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

                                  6248

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  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 emergency  inter-
  vention for persons impaired by alcohol or other 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) DEFINITIONS. 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
VOLUNTARY  OR  INVOLUNTARY  PHYSICAL  EXAMINATION,  ASSESSMENT, CARE AND
TREATMENT OF AN INTOXICATED OR IMPAIRED PERSON WHO HAS BECOME  INCAPACI-
TATED  IN  ORDER TO ACHIEVE STABILIZATION AND/OR SUBSEQUENT ADMISSION TO
EXTENDED VOLUNTARY OR INVOLUNTARY TREATMENT.

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

                                                           LBD13217-01-5

S. 6248                             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) VOLUNTARY EMERGENCY SERVICES. 1. An intoxicated or impaired person
may  come  voluntarily  for emergency [treatment] SERVICES to a chemical
dependence program or treatment facility authorized by the  commissioner
to  [give]  PROVIDE  such  emergency  [treatment] SERVICES. A person who
appears to be intoxicated or impaired and who consents to the  proffered
help [may] SHALL 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] PROVIDE  emergency  [treatment]
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] 2. CONSISTENT WITH SUBDIVISION (B) OF SECTION  22.07  OF  THIS
ARTICLE,  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] SHALL 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 PURSUANT TO PETI-
TION TO THE DIRECTOR OF COMMUNITY SERVICES PURSUANT TO  SUBDIVISION  (D)
OF THIS SECTION, to a [general hospital or to any other place authorized
by the commissioner in regulations promulgated in accordance with subdi-
vision  (f)  of  this  section  to  give emergency treatment,] TREATMENT
FACILITY for [immediate observation, care, and]  PURPOSES  OF  RECEIVING
emergency  [treatment] SERVICES.   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)]  3.  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] PARAGRAPH TWO OF THIS
SUBDIVISION shall be [given emergency care and treatment] PROVIDED EMER-
GENCY SERVICES at such place if found suitable [therefor] by  authorized
personnel, or referred to another suitable facility or treatment program
for [care and treatment] EMERGENCY SERVICES, or sent to his or her home.
  [(e)]  4.  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]  PARAGRAPH TWO OF THIS SUBDIVISION
shall be examined as soon as possible by an examining 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
emergency  treatment  TO ACHIEVE STABILIZATION.  If the examining physi-
cian 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

S. 6248                             3

other law,] EXCEPT AS PROVIDED IN SUBDIVISION (C) OF THIS SECTION, 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 likelihood to result  in
harm to the person or others or;
  (ii) a period longer than [forty-eight] SEVENTY-TWO hours.
  [1.]  5.  Every  reasonable effort must be made to obtain the person's
consent to give prompt notification of a person's retention in a facili-
ty or program pursuant to this [section] SUBDIVISION to his or her clos-
est relative or friend, and, if requested by such person, to his or  her
attorney  and  personal  physician, in accordance with federal confiden-
tiality regulations.
  [2. A person may not be retained pursuant to  this  section  beyond  a
period of forty-eight 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.]
  (C) INVOLUNTARY EMERGENCY SERVICES ON CERTIFICATE  OF  A  DIRECTOR  OF
COMMUNITY  SERVICES OR DESIGNEE. 1. THE DIRECTOR OF A TREATMENT FACILITY
DESIGNATED BY THE COMMISSIONER TO PROVIDE EMERGENCY SERVICES SHALL  UPON
THE CERTIFICATE OF A LOCAL DIRECTOR OF COMMUNITY SERVICES OR A PHYSICIAN
DULY  DESIGNATED BY THE DIRECTOR OF COMMUNITY SERVICES, RECEIVE AND CARE
FOR IN SUCH FACILITY AS A PATIENT ANY PERSON WHO, IN THE OPINION OF  THE
DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE SOUGHT BY PETITION
PURSUANT  TO SUBDIVISION (D) OF THIS SECTION, IS INCAPACITATED SUCH THAT
SUCH PERSON'S USE OR ABUSE OF ALCOHOL AND/OR  SUBSTANCES  IS  LIKELY  TO
RESULT  IN  HARM  TO  HIMSELF,  HERSELF OR OTHERS AND FOR WHOM IMMEDIATE
INVOLUNTARY EMERGENCY SERVICES IS APPROPRIATE.
  2. THE NEED FOR IMMEDIATE  INVOLUNTARY  EMERGENCY  SERVICES  SHALL  BE
CONFIRMED  PRIOR TO ADMISSION BY A PHYSICIAN AFFILIATED WITH THE FACILI-
TY. EXCLUDING SUNDAYS AND HOLIDAYS, IF  THE  PHYSICIAN  RECOMMENDS  SUCH
PATIENT  BE RETAINED FOR EMERGENCY SERVICES BEYOND SEVENTY-TWO HOURS AND
THE PATIENT DOES NOT AGREE TO REMAIN IN SUCH  FACILITY  AS  A  VOLUNTARY
PATIENT, THE CERTIFICATE OF SUCH PHYSICIAN ATTESTING THAT THE PATIENT IS
IN  NEED  OF EXTENDED INVOLUNTARY EMERGENCY SERVICES SHALL BE FILED WITH
THE FACILITY. FROM THE TIME  OF  SUCH  PATIENT'S  ADMISSION  UNDER  THIS
SUBDIVISION  THE RETENTION OF SUCH PATIENT FOR EMERGENCY SERVICES BEYOND
SEVENTY-TWO HOURS SHALL BE SUBJECT TO THE PROVISIONS FOR  NOTICE,  HEAR-
ING,  REVIEW,  AND  JUDICIAL  APPROVAL  PROVIDED BY THIS ARTICLE FOR THE
ADMISSION AND RETENTION OF INVOLUNTARY PATIENTS, PROVIDED THAT, FOR  THE
PURPOSES  OF SUCH PROVISIONS, THE DATE OF ADMISSION OF THE PATIENT SHALL
BE DEEMED TO BE THE DATE WHEN THE PATIENT  WAS  FIRST  RECEIVED  IN  THE
FACILITY PURSUANT TO THIS SUBDIVISION.
  (D)  PETITION TO LOCAL DIRECTOR OF COMMUNITY SERVICES FOR VOLUNTARY OR
INVOLUNTARY EMERGENCY SERVICES. 1. A PETITION FOR EMERGENCY SERVICES MAY
BE SOUGHT FOR AN ADULT OR FOR A MINOR BY PETITION  TO  A  LOCAL  GOVERN-
MENTAL  UNIT'S  DIRECTOR  OF  COMMUNITY SERVICES IN ACCORDANCE WITH THIS
SUBDIVISION. ANY ONE OF THE FOLLOWING PERSONS MAY PETITION THE  DIRECTOR
OF COMMUNITY SERVICES:

S. 6248                             4

  (I) IN THE CASE OF AN ADULT, A PHYSICIAN, THE PERSON'S SPOUSE OR GUAR-
DIAN,  ANY  RELATIVE  OF THE PERSON, OR ANY OTHER ADULT WHO HAS PERSONAL
KNOWLEDGE OF A PERSON'S SUBSTANCE ABUSE IMPAIRMENT; OR
  (II)  IN  THE  CASE OF A MINOR, THE MINOR'S PARENT, LEGAL GUARDIAN, OR
LEGAL CUSTODIAN.
  2. PETITION FOR ADMISSION OF A PATIENT TO  A  TREATMENT  FACILITY  FOR
EMERGENCY  SERVICES  PURSUANT  TO  THIS  SECTION  SHALL  BE BASED UPON A
PERSONAL EXAMINATION BY A DIRECTOR OF COMMUNITY SERVICES OR HIS  OR  HER
DESIGNEE. IT SHALL BE IN WRITING AND SHALL BE FILED WITH THE DIRECTOR OF
A  FACILITY  AT  THE  TIME  OF  THE PATIENT'S RECEPTION, TOGETHER WITH A
STATEMENT IN A FORM PRESCRIBED BY THE COMMISSIONER GIVING SUCH  INFORMA-
TION  AS  HE  OR  SHE MAY DEEM APPROPRIATE. A PETITION FOR ADMISSION FOR
EMERGENCY SERVICES MUST ESTABLISH THE  REASON  THE  PETITIONER  BELIEVES
THAT  THERE  IS  A  LIKELIHOOD TO RESULT IN HARM TO THE PERSON OR OTHERS
UNLESS HE OR SHE IS ADMITTED FOR IMMEDIATE EMERGENCY SERVICES.  A  PETI-
TION MUST INCLUDE:
  (I)  THE  NAME OF THE PERSON TO BE ADMITTED, THE NAME AND SIGNATURE OF
THE PETITIONER, THE RELATIONSHIP BETWEEN THE PERSON TO BE  ADMITTED  AND
THE APPLICANT; AND
  (II)  THE  REASON THE PETITIONER BELIEVES THAT BECAUSE OF SUCH IMPAIR-
MENT THE PERSON HAS LOST THE  POWER  OF  SELF-CONTROL  WITH  RESPECT  TO
SUBSTANCE ABUSE; AND
  (III)  THE REASON THE PETITIONER BELIEVES THAT THE PERSON'S REFUSAL TO
VOLUNTARILY RECEIVE EMERGENCY SERVICES IS BASED ON JUDGEMENT SO IMPAIRED
BY REASON OF ALCOHOL AND/OR 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 PETITION, THE DIRECTOR OF  COMMUNITY  SERVICES
OR A PERSON DULY DESIGNATED BY HIM OR HER SHALL REVIEW SUCH PETITION AND
MAY TAKE ACTIONS PURSUANT TO SUBDIVISIONS (B) OR (C) OF THIS SECTION.
  (E)  EACH  PERSON  ADMITTED  TO  A  TREATMENT  FACILITY  FOR EMERGENCY
SERVICES PURSUANT TO THIS SECTION SHALL BE PROVIDED WITH WRITTEN  NOTICE
REGARDING  PATIENT  RIGHTS  PURSUANT  TO  SECTION 22.03 OF THIS ARTICLE,
ACCESS TO HIS OR HER PERSONAL ATTORNEY UPON REQUEST, AND  NOTICE  AS  TO
THE  AVAILABILITY  OF THE MENTAL HYGIENE LEGAL SERVICE FOR LEGAL COUNSEL
AND SHALL BE PROVIDED ACCESS TO THE SERVICE UPON REQUEST.
  (F) THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING  PROCE-
DURES  FOR TAKING INTOXICATED OR IMPAIRED PERSONS AND PERSONS APPARENTLY
INCAPACITATED BY ALCOHOL AND/OR SUBSTANCES  TO  THEIR  RESIDENCE  OR  TO
APPROPRIATE   PUBLIC  OR  PRIVATE  TREATMENT  FACILITIES  FOR  EMERGENCY
SERVICES AND MINIMIZING THE ROLE OF THE POLICE IN OBTAINING TREATMENT OF
SUCH PERSONS.
  S 2. The mental hygiene law is amended by adding a new  section  22.13
to read as follows:
S 22.13 COURT AUTHORIZATION TO RETAIN AN INVOLUNTARY PATIENT.
  (A)  IF  THE  DIRECTOR  OF  A  FACILITY SHALL DETERMINE THAT A PATIENT
ADMITTED PURSUANT TO SUBDIVISION (C) OF SECTION 22.09 OF  THIS  ARTICLE,
FOR WHOM THERE IS NO PRIOR COURT ORDER AUTHORIZING RETENTION FOR A SPEC-
IFIED  PERIOD,  IS  IN NEED OF RETENTION BEYOND SEVENTY-TWO HOURS AND IF
SUCH PATIENT DOES NOT AGREE TO REMAIN IN SUCH FACILITY  AS  A  VOLUNTARY
PATIENT,  THE  DIRECTOR  SHALL  APPLY TO THE SUPREME COURT OR THE COUNTY
COURT IN THE COUNTY WHERE THE FACILITY IS LOCATED FOR AN ORDER AUTHORIZ-
ING CONTINUED RETENTION.  THE  FACILITY  IS  AUTHORIZED  TO  RETAIN  THE
PATIENT FOR SEVENTY-TWO HOURS OR DURING THE PERIOD IN WHICH THE APPLICA-
TION MAY BE PENDING, SUCH PERIOD NOT TO EXCEED NINETY DAYS. THE DIRECTOR
SHALL  CAUSE  WRITTEN  NOTICE  OF  SUCH  APPLICATION  TO BE GIVEN TO THE

S. 6248                             5

PATIENT AND A COPY THEREOF SHALL BE GIVEN PERSONALLY OR BY MAIL  TO  ANY
PERSONS  REQUIRED  BY  THIS  ARTICLE  TO  BE  SERVED WITH NOTICE OF SUCH
PATIENT'S INITIAL ADMISSION AND TO THE  MENTAL  HYGIENE  LEGAL  SERVICE.
SUCH  NOTICE  SHALL STATE THAT A HEARING MAY BE REQUESTED BY THE PATIENT
OR THE SERVICE AND THAT FAILURE TO MAKE SUCH A REQUEST WITHIN FIVE DAYS,
EXCLUDING SUNDAY AND HOLIDAYS, FROM THE DATE THAT THE NOTICE  WAS  GIVEN
TO  THE  PATIENT  WILL  PERMIT  THE  ENTRY WITHOUT A HEARING OF AN ORDER
AUTHORIZING RETENTION FOR A PERIOD NOT TO EXCEED NINETY  DAYS  FROM  THE
DATE  OF  THE  ORDER,  PROVIDED  THE COURT IS SATISFIED THAT THE PATIENT
REQUIRES CONTINUED RETENTION.
  (B) UPON THE DEMAND OF THE PATIENT OR OF ANYONE ON HIS OR  HER  BEHALF
OR UPON REQUEST OF THE MENTAL HYGIENE LEGAL SERVICE, THE COURT SHALL, OR
MAY  ON  ITS  OWN  MOTION, FIX A DATE FOR THE HEARING OF THE APPLICATION
PURSUANT TO COURT PROCEDURE IN THE JURISDICTION OF THE FACILITY.
  (C) EXCEPT AS PROVIDED IN SUBDIVISION (A) OF THIS SECTION A PERSON MAY
NOT BE RETAINED BEYOND A PERIOD  OF  NINETY  DAYS  WITHOUT  HIS  OR  HER
CONSENT.  PERSONS  SUITABLE  THEREFOR  MAY  BE VOLUNTARILY ADMITTED TO A
CHEMICAL DEPENDENCE PROGRAM OR FACILITY PURSUANT TO THIS ARTICLE.
  S 3. Subdivision (d) of section 22.11 of the mental  hygiene  law,  as
added by chapter 558 of the laws of 1999, is amended to read as follows:
  (d)  Inpatient  or  residential  treatment.  1.  [Admission] VOLUNTARY
ADMISSION procedures. (i) A copy of  the  patient's  rights  established
under  this  section  and  under  section 22.03 of this article shall be
given and explained to the minor and to the minor's consenting parent or
guardian at the time of admission by the director  of  the  facility  or
such person's designee.
  (ii)  The  minor  shall be required to sign a form indicating that the
treatment is being voluntarily sought, and  that  he  or  she  has  been
advised of his or her ability to access the mental hygiene legal service
and  of  his  or her rights under this section and section 22.03 of this
article. The signed form  shall  be  included  in  the  minor's  medical
record.
  (iii)  At  the  time  of  admission,  any  minor  so admitted shall be
informed by the director of the facility  or  the  director's  designee,
orally  and in writing, of the minor's right to be discharged in accord-
ance with the provisions of this [section]  SUBDIVISION  within  twenty-
four hours of his or her making a request therefor.
  (iv) Emergency contacts.
  (A)  At  the time of admission, the provider of services shall use its
best efforts to obtain from the minor's consenting parent or guardian  a
telephone number or numbers where he or she may be reached by the facil-
ity  at  any time during the day or night. In addition, such provider of
services shall also use its best efforts to obtain from  the  parent  or
guardian  a name, address and appropriate telephone number or numbers of
an adult designated by such parent or guardian as an  emergency  contact
person in the event the facility is unable to reach such parent or guar-
dian.
  (B)  If  the  minor  is admitted in accordance with subdivision (c) of
this section, the provider of services shall use  its  best  efforts  to
obtain  from  the  minor  the  name, address, and telephone number of an
adult who may serve as an emergency  contact,  and  the  facility  shall
verify the existence and availability of such contact upon notice to and
with the prior written consent of the minor.
  (C)  Failure to obtain emergency contacts, after reasonable effort, in
accordance with this section shall not preclude admission of  the  minor
to treatment.

S. 6248                             6

  (v) Notice of admission and discharge procedures.
  (A)  A copy of the facility's admission and discharge procedures shall
be provided to the minor and to the minor's consenting parent or guardi-
an at the time of admission by the director  of  the  facility  or  such
person's  designee.  Such information shall also be mailed to the desig-
nated emergency contact person by regular mail.
  (B) If the minor is admitted in accordance  with  subdivision  (c)  of
this  section,  a  copy of the facility's admission and discharge proce-
dures shall be provided to the minor. Such  information  shall  also  be
mailed to the designated emergency contact person by regular mail.
  (vi) Each minor admitted for inpatient or residential chemical depend-
ence treatment pursuant to this subdivision shall be provided with writ-
ten  notice  regarding  the  availability  of  the  mental hygiene legal
service for legal counsel, and shall be provided access to  the  service
upon request.
  2.  INVOLUNTARY  ADMISSION PROCEDURES. (I) MINORS ADMITTED PURSUANT TO
SECTION 22.09 OF THIS ARTICLE SHALL  BE  PROVIDED  WITH  WRITTEN  NOTICE
REGARDING THE AVAILABILITY OF THE MENTAL HYGIENE LEGAL SERVICE FOR LEGAL
COUNSEL, AND SHALL BE PROVIDED ACCESS TO THE SERVICE UPON REQUEST.
  (II)  NO  MINOR  RECEIVING  INVOLUNTARY  INPATIENT  EMERGENCY SERVICES
PURSUANT TO SUBDIVISION (C) OF SECTION 22.09  OF  THIS  ARTICLE  MAY  BE
DISCHARGED  FROM  THE PROGRAM PRIOR TO SEVENTY-TWO HOURS BASED SOLELY ON
HIS OR HER REQUEST.
  (III) A COPY OF THE PATIENT'S RIGHTS ESTABLISHED  UNDER  THIS  SECTION
AND  UNDER SECTION 22.03 OF THIS ARTICLE SHALL BE GIVEN AND EXPLAINED TO
THE MINOR AND TO THE MINOR'S CONSENTING PARENT OR GUARDIAN AT  THE  TIME
OF ADMISSION BY THE DIRECTOR OF THE FACILITY OR SUCH PERSON'S DESIGNEE.
  (IV)  THE MINOR SHALL BE REQUIRED TO SIGN A FORM INDICATING THAT HE OR
SHE HAS BEEN ADVISED OF HIS OR HER ABILITY TO ACCESS THE MENTAL  HYGIENE
LEGAL  SERVICE  AND  OF HIS OR HER RIGHTS UNDER THIS SECTION AND SECTION
22.03 OF THIS ARTICLE. THE SIGNED FORM SHALL BE INCLUDED IN THE  MINOR'S
MEDICAL RECORD.
  3. Discharge procedures. All minors admitted pursuant to this subdivi-
sion shall be discharged in accordance with the following:
  (i)  [Any  minor  admitted  to  an  inpatient  or residential chemical
dependence treatment facility has the  right  to  be  discharged  within
twenty-four  hours  of  his  or  her  request  in  accordance  with  the
provisions of this subdivision.
  (ii)] If discharge is requested  prior  to  completion  of  a  minor's
treatment plan, such minor must request discharge in writing.
  (A)  Upon  receipt  of  any form of written request for discharge, the
director of the facility in which the minor is admitted shall immediate-
ly notify the minor's parent or guardian. If the facility is  unable  to
contact  such  parent  or  guardian  within a reasonable time, or if the
minor has been admitted pursuant to subdivision (c) of this section, the
facility shall notify the designated emergency contact person.
  (B) The minor shall not be discharged from such facility until  it  is
determined:
  (1)  that  the safety and well being of such minor will not be threat-
ened [or the expiration of twenty-four hours, whichever is sooner]; [or]
  (2) THAT THE MINOR'S PARENT OR GUARDIAN CONSENTS  TO  THE  RELEASE  OF
SUCH MINOR; AND
  (3)  that the parent, guardian, or designated emergency contact person
has made appropriate and timely departure arrangements with the  facili-
ty. [However, unless otherwise directed by the minor's parent or guardi-
an  or  designated  emergency contact person pursuant to this item, such

S. 6248                             7

minor shall be discharged within twenty-four hours after  submission  of
the request.
  (iii)]  (II) Writing materials for use in requesting a discharge shall
be made available at  all  times  to  all  minors  admitted  under  this
section.
  (III)  The staff of the facility shall assist such minors in preparing
or submitting requests for discharge.
  S 4.  This act shall take effect immediately.

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

                                 6248--A

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen.  ORTT  --  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 emergency  inter-
  vention for persons impaired by alcohol or other 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) DEFINITIONS. 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
VOLUNTARY  OR  INVOLUNTARY  PHYSICAL  EXAMINATION,  ASSESSMENT, CARE AND
TREATMENT OF AN INTOXICATED OR IMPAIRED PERSON WHO HAS BECOME  INCAPACI-

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

                                                           LBD13217-02-6

S. 6248--A                          2

TATED  IN  ORDER TO ACHIEVE STABILIZATION AND/OR SUBSEQUENT ADMISSION TO
EXTENDED VOLUNTARY OR INVOLUNTARY TREATMENT.
  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) VOLUNTARY EMERGENCY SERVICES. 1. An intoxicated or impaired person
may  come  voluntarily  for emergency [treatment] SERVICES to a chemical
dependence program or treatment facility authorized by the  commissioner
to  [give]  PROVIDE  such  emergency  [treatment] SERVICES. A person who
appears to be intoxicated or impaired and who consents to the  proffered
help [may] SHALL 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] PROVIDE  emergency  [treatment]
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] 2. CONSISTENT WITH SUBDIVISION (B) OF SECTION  22.07  OF  THIS
ARTICLE,  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] SHALL 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 PURSUANT TO PETI-
TION TO THE DIRECTOR OF COMMUNITY SERVICES PURSUANT TO  SUBDIVISION  (D)
OF THIS SECTION, to a [general hospital or to any other place authorized
by the commissioner in regulations promulgated in accordance with subdi-
vision  (f)  of  this  section  to  give emergency treatment,] TREATMENT
FACILITY for [immediate observation, care, and]  PURPOSES  OF  RECEIVING
emergency  [treatment] SERVICES.   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)]  3.  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] PARAGRAPH TWO OF THIS
SUBDIVISION shall be [given emergency care and treatment] PROVIDED EMER-
GENCY SERVICES at such place if found suitable [therefor] by  authorized
personnel, or referred to another suitable facility or treatment program
for [care and treatment] EMERGENCY SERVICES, or sent to his or her home.
  [(e)]  4.  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]  PARAGRAPH TWO OF THIS SUBDIVISION
shall be examined as soon as possible by an examining 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
emergency  treatment  TO ACHIEVE STABILIZATION.  If the examining physi-
cian determines that such person is not incapacitated by alcohol  and/or

S. 6248--A                          3

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,] EXCEPT AS PROVIDED IN SUBDIVISION (C) OF THIS SECTION, 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 likelihood to result in
harm to the person or others or;
  (ii) a period longer than [forty-eight] SEVENTY-TWO hours.
  [1.] 5. Every reasonable effort must be made to  obtain  the  person's
consent to give prompt notification of a person's retention in a facili-
ty or program pursuant to this [section] SUBDIVISION to his or her clos-
est  relative or friend, and, if requested by such person, to his or her
attorney and personal physician, in accordance  with  federal  confiden-
tiality regulations.
  [2.  A  person  may  not be retained pursuant to this section beyond a
period of forty-eight 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.]
  (C)  INVOLUNTARY  EMERGENCY  SERVICES  ON CERTIFICATE OF A DIRECTOR OF
COMMUNITY SERVICES OR DESIGNEE. 1. THE DIRECTOR OF A TREATMENT  FACILITY
DESIGNATED  BY THE COMMISSIONER TO PROVIDE EMERGENCY SERVICES SHALL UPON
THE CERTIFICATE OF A LOCAL DIRECTOR OF COMMUNITY SERVICES OR A PHYSICIAN
DULY DESIGNATED BY THE DIRECTOR OF COMMUNITY SERVICES, RECEIVE AND  CARE
FOR  IN SUCH FACILITY AS A PATIENT ANY PERSON WHO, IN THE OPINION OF THE
DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE SOUGHT BY PETITION
PURSUANT TO SUBDIVISION (D) OF THIS SECTION, IS INCAPACITATED SUCH  THAT
SUCH PERSON'S USE OR ABUSE OF CHEMICAL SUBSTANCES IS LIKELY TO RESULT IN
HARM  TO  HIMSELF,  HERSELF OR OTHERS AND FOR WHOM IMMEDIATE INVOLUNTARY
EMERGENCY SERVICES IS APPROPRIATE.
  2. THE NEED FOR IMMEDIATE  INVOLUNTARY  EMERGENCY  SERVICES  SHALL  BE
CONFIRMED  PRIOR TO ADMISSION BY A PHYSICIAN AFFILIATED WITH THE FACILI-
TY. EXCLUDING SUNDAYS AND HOLIDAYS, IF  THE  PHYSICIAN  RECOMMENDS  SUCH
PATIENT  BE RETAINED FOR EMERGENCY SERVICES BEYOND SEVENTY-TWO HOURS AND
THE PATIENT DOES NOT AGREE TO REMAIN IN SUCH  FACILITY  AS  A  VOLUNTARY
PATIENT, THE CERTIFICATE OF SUCH PHYSICIAN ATTESTING THAT THE PATIENT IS
IN  NEED  OF EXTENDED INVOLUNTARY EMERGENCY SERVICES SHALL BE FILED WITH
THE FACILITY. FROM THE TIME  OF  SUCH  PATIENT'S  ADMISSION  UNDER  THIS
SUBDIVISION  THE RETENTION OF SUCH PATIENT FOR EMERGENCY SERVICES BEYOND
SEVENTY-TWO HOURS SHALL BE SUBJECT TO THE PROVISIONS FOR  NOTICE,  HEAR-
ING,  REVIEW,  AND  JUDICIAL  APPROVAL  PROVIDED BY THIS ARTICLE FOR THE
ADMISSION AND RETENTION OF INVOLUNTARY PATIENTS, PROVIDED THAT, FOR  THE
PURPOSES  OF SUCH PROVISIONS, THE DATE OF ADMISSION OF THE PATIENT SHALL
BE DEEMED TO BE THE DATE WHEN THE PATIENT  WAS  FIRST  RECEIVED  IN  THE
FACILITY PURSUANT TO THIS SUBDIVISION.
  (D)  PETITION TO LOCAL DIRECTOR OF COMMUNITY SERVICES FOR VOLUNTARY OR
INVOLUNTARY EMERGENCY SERVICES. 1. A PETITION FOR EMERGENCY SERVICES MAY
BE SOUGHT FOR AN ADULT OR FOR A MINOR BY PETITION  TO  A  LOCAL  GOVERN-
MENTAL  UNIT'S  DIRECTOR  OF  COMMUNITY SERVICES IN ACCORDANCE WITH THIS

S. 6248--A                          4

SUBDIVISION. ANY ONE OF THE FOLLOWING PERSONS MAY PETITION 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 ADULT WHO HAS PERSONAL
KNOWLEDGE OF A PERSON'S SUBSTANCE ABUSE IMPAIRMENT; OR
  (II) IN THE CASE OF A MINOR, THE MINOR'S PARENT,  LEGAL  GUARDIAN,  OR
LEGAL CUSTODIAN.
  2.  PETITION  FOR  ADMISSION  OF A PATIENT TO A TREATMENT FACILITY FOR
EMERGENCY SERVICES PURSUANT TO  THIS  SECTION  SHALL  BE  BASED  UPON  A
PERSONAL  EXAMINATION  BY A DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER
DESIGNEE. IT SHALL BE IN WRITING AND SHALL BE FILED WITH THE DIRECTOR OF
A FACILITY AT THE TIME OF  THE  PATIENT'S  RECEPTION,  TOGETHER  WITH  A
STATEMENT  IN A FORM PRESCRIBED BY THE COMMISSIONER GIVING SUCH INFORMA-
TION AS HE OR SHE MAY DEEM APPROPRIATE. A  PETITION  FOR  ADMISSION  FOR
EMERGENCY  SERVICES  MUST  ESTABLISH  THE REASON THE PETITIONER BELIEVES
THAT THERE IS A LIKELIHOOD TO RESULT IN HARM TO  THE  PERSON  OR  OTHERS
UNLESS  HE  OR SHE IS ADMITTED FOR IMMEDIATE EMERGENCY SERVICES. A PETI-
TION MUST INCLUDE:
  (I) THE NAME OF THE PERSON TO BE ADMITTED, THE NAME AND  SIGNATURE  OF
THE  PETITIONER,  THE RELATIONSHIP BETWEEN THE PERSON TO BE ADMITTED AND
THE APPLICANT; AND
  (II) THE REASON THE PETITIONER BELIEVES THAT BECAUSE OF  SUCH  IMPAIR-
MENT  THE  PERSON  HAS  LOST  THE  POWER OF SELF-CONTROL WITH RESPECT TO
SUBSTANCE ABUSE; AND
  (III) THE REASON THE PETITIONER BELIEVES THAT THE PERSON'S REFUSAL  TO
VOLUNTARILY RECEIVE EMERGENCY SERVICES IS BASED ON JUDGEMENT 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 PETITION, THE DIRECTOR OF  COMMUNITY  SERVICES
OR A PERSON DULY DESIGNATED BY HIM OR HER SHALL REVIEW SUCH PETITION AND
MAY TAKE ACTIONS PURSUANT TO SUBDIVISIONS (B) OR (C) OF THIS SECTION.
  (E)  EACH  PERSON  ADMITTED  TO  A  TREATMENT  FACILITY  FOR EMERGENCY
SERVICES PURSUANT TO THIS SECTION SHALL BE PROVIDED WITH WRITTEN  NOTICE
REGARDING  PATIENT  RIGHTS  PURSUANT  TO  SECTION 22.03 OF THIS ARTICLE,
ACCESS TO HIS OR HER PERSONAL ATTORNEY UPON REQUEST, AND  NOTICE  AS  TO
THE  AVAILABILITY  OF THE MENTAL HYGIENE LEGAL SERVICE FOR LEGAL COUNSEL
AND SHALL BE PROVIDED ACCESS TO THE SERVICE UPON REQUEST.
  (F) THE COMMISSIONER SHALL PROMULGATE REGULATIONS ESTABLISHING  PROCE-
DURES  FOR TAKING INTOXICATED OR IMPAIRED PERSONS AND PERSONS APPARENTLY
INCAPACITATED BY ALCOHOL AND/OR SUBSTANCES  TO  THEIR  RESIDENCE  OR  TO
APPROPRIATE   PUBLIC  OR  PRIVATE  TREATMENT  FACILITIES  FOR  EMERGENCY
SERVICES AND MINIMIZING THE ROLE OF THE POLICE IN OBTAINING TREATMENT OF
SUCH PERSONS.
  S 2. The mental hygiene law is amended by adding a new  section  22.13
to read as follows:
S 22.13 COURT AUTHORIZATION TO RETAIN AN INVOLUNTARY PATIENT.
  (A)  IF  THE  DIRECTOR  OF  A  FACILITY SHALL DETERMINE THAT A PATIENT
ADMITTED PURSUANT TO SUBDIVISION (C) OF SECTION 22.09 OF  THIS  ARTICLE,
FOR WHOM THERE IS NO PRIOR COURT ORDER AUTHORIZING RETENTION FOR A SPEC-
IFIED  PERIOD,  IS  IN NEED OF RETENTION BEYOND SEVENTY-TWO HOURS AND IF
SUCH PATIENT DOES NOT AGREE TO REMAIN IN SUCH FACILITY  AS  A  VOLUNTARY
PATIENT,  THE  DIRECTOR  SHALL  APPLY TO THE SUPREME COURT OR THE COUNTY
COURT IN THE COUNTY WHERE THE FACILITY IS LOCATED FOR AN ORDER AUTHORIZ-
ING CONTINUED RETENTION.  THE  FACILITY  IS  AUTHORIZED  TO  RETAIN  THE
PATIENT FOR SEVENTY-TWO HOURS OR DURING THE PERIOD IN WHICH THE APPLICA-

S. 6248--A                          5

TION MAY BE PENDING, SUCH PERIOD NOT TO EXCEED NINETY DAYS. THE DIRECTOR
SHALL  CAUSE  WRITTEN  NOTICE  OF  SUCH  APPLICATION  TO BE GIVEN TO THE
PATIENT AND A COPY THEREOF SHALL BE GIVEN PERSONALLY OR BY MAIL  TO  ANY
PERSONS  REQUIRED  BY  THIS  ARTICLE  TO  BE  SERVED WITH NOTICE OF SUCH
PATIENT'S INITIAL ADMISSION AND TO THE  MENTAL  HYGIENE  LEGAL  SERVICE.
SUCH  NOTICE  SHALL STATE THAT A HEARING MAY BE REQUESTED BY THE PATIENT
OR THE SERVICE AND THAT FAILURE TO MAKE SUCH A REQUEST WITHIN FIVE DAYS,
EXCLUDING SUNDAY AND HOLIDAYS, FROM THE DATE THAT THE NOTICE  WAS  GIVEN
TO  THE  PATIENT  WILL  PERMIT  THE  ENTRY WITHOUT A HEARING OF AN ORDER
AUTHORIZING RETENTION FOR A PERIOD NOT TO EXCEED NINETY  DAYS  FROM  THE
DATE  OF  THE  ORDER,  PROVIDED  THE COURT IS SATISFIED THAT THE PATIENT
REQUIRES CONTINUED RETENTION.
  (B) UPON THE DEMAND OF THE PATIENT OR OF ANYONE ON HIS OR  HER  BEHALF
OR UPON REQUEST OF THE MENTAL HYGIENE LEGAL SERVICE, THE COURT SHALL, OR
MAY  ON  ITS  OWN  MOTION, FIX A DATE FOR THE HEARING OF THE APPLICATION
PURSUANT TO COURT PROCEDURE IN THE JURISDICTION OF THE FACILITY.
  (C) EXCEPT AS PROVIDED IN SUBDIVISION (A) OF THIS SECTION A PERSON MAY
NOT BE RETAINED BEYOND A PERIOD  OF  NINETY  DAYS  WITHOUT  HIS  OR  HER
CONSENT.  PERSONS  SUITABLE  THEREFOR  MAY  BE VOLUNTARILY ADMITTED TO A
CHEMICAL DEPENDENCE PROGRAM OR FACILITY PURSUANT TO THIS ARTICLE.
  S 3. Subdivision (d) of section 22.11 of the mental  hygiene  law,  as
added by chapter 558 of the laws of 1999, is amended to read as follows:
  (d)  Inpatient  or  residential  treatment.  1.  [Admission] VOLUNTARY
ADMISSION procedures. (i) A copy of  the  patient's  rights  established
under  this  section  and  under  section 22.03 of this article shall be
given and explained to the minor and to the minor's consenting parent or
guardian at the time of admission by the director  of  the  facility  or
such person's designee.
  (ii)  The  minor  shall be required to sign a form indicating that the
treatment is being voluntarily sought, and  that  he  or  she  has  been
advised of his or her ability to access the mental hygiene legal service
and  of  his  or her rights under this section and section 22.03 of this
article. The signed form  shall  be  included  in  the  minor's  medical
record.
  (iii)  At  the  time  of  admission,  any  minor  so admitted shall be
informed by the director of the facility  or  the  director's  designee,
orally  and in writing, of the minor's right to be discharged in accord-
ance with the provisions of this [section]  SUBDIVISION  within  twenty-
four hours of his or her making a request therefor.
  (iv) Emergency contacts.
  (A)  At  the time of admission, the provider of services shall use its
best efforts to obtain from the minor's consenting parent or guardian  a
telephone number or numbers where he or she may be reached by the facil-
ity  at  any time during the day or night. In addition, such provider of
services shall also use its best efforts to obtain from  the  parent  or
guardian  a name, address and appropriate telephone number or numbers of
an adult designated by such parent or guardian as an  emergency  contact
person in the event the facility is unable to reach such parent or guar-
dian.
  (B)  If  the  minor  is admitted in accordance with subdivision (c) of
this section, the provider of services shall use  its  best  efforts  to
obtain  from  the  minor  the  name, address, and telephone number of an
adult who may serve as an emergency  contact,  and  the  facility  shall
verify the existence and availability of such contact upon notice to and
with the prior written consent of the minor.

S. 6248--A                          6

  (C)  Failure to obtain emergency contacts, after reasonable effort, in
accordance with this section shall not preclude admission of  the  minor
to treatment.
  (v) Notice of admission and discharge procedures.
  (A)  A copy of the facility's admission and discharge procedures shall
be provided to the minor and to the minor's consenting parent or guardi-
an at the time of admission by the director  of  the  facility  or  such
person's  designee.  Such information shall also be mailed to the desig-
nated emergency contact person by regular mail.
  (B) If the minor is admitted in accordance  with  subdivision  (c)  of
this  section,  a  copy of the facility's admission and discharge proce-
dures shall be provided to the minor. Such  information  shall  also  be
mailed to the designated emergency contact person by regular mail.
  (vi) Each minor admitted for inpatient or residential chemical depend-
ence treatment pursuant to this subdivision shall be provided with writ-
ten  notice  regarding  the  availability  of  the  mental hygiene legal
service for legal counsel, and shall be provided access to  the  service
upon request.
  2.  INVOLUNTARY  ADMISSION PROCEDURES. (I) MINORS ADMITTED PURSUANT TO
SECTION 22.09 OF THIS ARTICLE SHALL  BE  PROVIDED  WITH  WRITTEN  NOTICE
REGARDING THE AVAILABILITY OF THE MENTAL HYGIENE LEGAL SERVICE FOR LEGAL
COUNSEL, AND SHALL BE PROVIDED ACCESS TO THE SERVICE UPON REQUEST.
  (II)  NO  MINOR  RECEIVING  INVOLUNTARY  INPATIENT  EMERGENCY SERVICES
PURSUANT TO SUBDIVISION (C) OF SECTION 22.09  OF  THIS  ARTICLE  MAY  BE
DISCHARGED  FROM  THE PROGRAM PRIOR TO SEVENTY-TWO HOURS BASED SOLELY ON
HIS OR HER REQUEST.
  (III) A COPY OF THE PATIENT'S RIGHTS ESTABLISHED  UNDER  THIS  SECTION
AND  UNDER SECTION 22.03 OF THIS ARTICLE SHALL BE GIVEN AND EXPLAINED TO
THE MINOR AND TO THE MINOR'S CONSENTING PARENT OR GUARDIAN AT  THE  TIME
OF ADMISSION BY THE DIRECTOR OF THE FACILITY OR SUCH PERSON'S DESIGNEE.
  (IV)  THE MINOR SHALL BE REQUIRED TO SIGN A FORM INDICATING THAT HE OR
SHE HAS BEEN ADVISED OF HIS OR HER ABILITY TO ACCESS THE MENTAL  HYGIENE
LEGAL  SERVICE  AND  OF HIS OR HER RIGHTS UNDER THIS SECTION AND SECTION
22.03 OF THIS ARTICLE. THE SIGNED FORM SHALL BE INCLUDED IN THE  MINOR'S
MEDICAL RECORD.
  3. Discharge procedures. All minors admitted pursuant to this subdivi-
sion shall be discharged in accordance with the following:
  (i)  [Any  minor  admitted  to  an  inpatient  or residential chemical
dependence treatment facility has the  right  to  be  discharged  within
twenty-four  hours  of  his  or  her  request  in  accordance  with  the
provisions of this subdivision.
  (ii)] If discharge is requested  prior  to  completion  of  a  minor's
treatment plan, such minor must request discharge in writing.
  (A)  Upon  receipt  of  any form of written request for discharge, the
director of the facility in which the minor is admitted shall immediate-
ly notify the minor's parent or guardian. If the facility is  unable  to
contact  such  parent  or  guardian  within a reasonable time, or if the
minor has been admitted pursuant to subdivision (c) of this section, the
facility shall notify the designated emergency contact person.
  (B) The minor shall not be discharged from such facility until  it  is
determined:
  (1)  that  the safety and well being of such minor will not be threat-
ened [or the expiration of twenty-four hours, whichever is sooner]; [or]
  (2) THAT THE MINOR'S PARENT OR GUARDIAN CONSENTS  TO  THE  RELEASE  OF
SUCH MINOR; AND

S. 6248--A                          7

  (3)  that the parent, guardian, or designated emergency contact person
has made appropriate and timely departure arrangements with the  facili-
ty. [However, unless otherwise directed by the minor's parent or guardi-
an  or  designated  emergency contact person pursuant to this item, such
minor  shall  be discharged within twenty-four hours after submission of
the request.
  (iii)] (II) Writing materials for use in requesting a discharge  shall
be  made  available  at  all  times  to  all  minors admitted under this
section.
  (III) The staff of the facility shall assist such minors in  preparing
or submitting requests for discharge.
  S 4.  This act shall take effect immediately.