Senate Bill S3650A

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

                                 3650--A
    Cal. No. 664

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sens.  ORTT, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities -- reported favorably from said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

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 9.27 of the mental hygiene law is amended by adding
a new subdivision (j) to read as follows:
  (J)  WHEN  THERE IS AN INITIAL INVOLUNTARY ADMITTANCE TO AN IN-PATIENT
FACILITY PURSUANT TO THIS SECTION, THE PERSON'S OR THE PERSON'S  GUARDI-
AN'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 TAKING INTO ACCOUNT MITIGATING FACTORS
INCLUDING  BUT  NOT  LIMITED TO THE INDIVIDUAL'S ANTICIPATED DURATION OF
STAY, AND LEVEL OF MEDICAL EMERGENCY.
  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 INITIAL 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

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

                                                           LBD07850-02-5

S. 3650--A                          2

THE  EXAMINING  PHYSICIAN'S  PROFESSIONAL  JUDGMENT  TAKING INTO ACCOUNT
MITIGATING FACTORS INCLUDING BUT NOT LIMITED TO THE INDIVIDUAL'S  ANTIC-
IPATED DURATION OF STAY, AND LEVEL OF MEDICAL EMERGENCY.
  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.