Assembly Bill A10627

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

                                  10627

                          I N  A S S E M B L Y

                              June 8, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Cusick) --
  read once and referred to the Committee on Alcoholism and Drug Abuse

AN ACT to amend the mental hygiene law, in relation  to  the  amount  of
  time  persons  who  are incapacitated by alcohol and/or substances, to
  the degree that there is a likelihood it will result in  harm  to  the
  person or others, may be retained without giving consent

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

  Section 1. Subdivision (e) of section 22.09 of the mental hygiene law,
as added by chapter 558 of the laws of  1999,  is  amended  to  read  as
follows:
  (e)  A person who is brought with his or her objection to any facility
or treatment program in accordance with subdivision (c) of this  section
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] SHALL be
retained for emergency treatment. If the examining physician  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] MAY be released. Notwithstanding any other law,
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)] FOR  a  period  longer  than  [forty-eight]  SEVENTY-TWO
hours.
  1. Every reasonable effort must be made to obtain the person's consent
to  give  prompt  notification  of a person's retention in a facility or
program pursuant to this section to  his  or  her  closest  relative  or
friend,  and,  if  requested  by such person, to his or her attorney and
personal physician, in accordance  with  federal  confidentiality  regu-
lations.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15696-02-6
              

A. 10627                            2

  2.  A  person  may  not  be retained pursuant to this section beyond a
period of [forty-eight] SEVENTY-TWO hours without his  or  her  consent.
Persons  suitable  therefor  may  be  voluntarily admitted to a chemical
dependence program or facility pursuant to this article.
  S 2. This act shall take effect immediately.