senate Bill S6248B

2015-2016 Legislative Session

Relates to emergency intervention for persons impaired by chemical substances

download bill text pdf

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2016 referred to mental health
delivered to assembly
passed senate
May 16, 2016 ordered to third reading cal.847
committee discharged and committed to rules
Apr 12, 2016 print number 6248b
Apr 12, 2016 amend (t) and recommit to alcoholism and drug abuse
Feb 08, 2016 print number 6248a
Feb 08, 2016 amend and recommit to alcoholism and drug abuse
Jan 06, 2016 referred to alcoholism and drug abuse

S6248 - Details

See Assembly Version of this Bill:
A9501
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§22.09 & 22.11, add §§22.10 & 22.13, Ment Hyg L

S6248 - Summary

Relates to emergency intervention for persons impaired by substances.

S6248 - Sponsor Memo

S6248 - Bill Text download pdf

                    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.

Co-Sponsors

S6248A - Details

See Assembly Version of this Bill:
A9501
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§22.09 & 22.11, add §§22.10 & 22.13, Ment Hyg L

S6248A - Summary

Relates to emergency intervention for persons impaired by substances.

S6248A - Sponsor Memo

S6248A - Bill Text download pdf

                    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.

Co-Sponsors

view additional co-sponsors

S6248B (ACTIVE) - Details

See Assembly Version of this Bill:
A9501
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§22.09 & 22.11, add §§22.10 & 22.13, Ment Hyg L

S6248B (ACTIVE) - Summary

Relates to emergency intervention for persons impaired by substances.

S6248B (ACTIVE) - Sponsor Memo

S6248B (ACTIVE) - Bill Text download pdf

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

                                 6248--B

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced by Sens. ORTT, ADDABBO -- 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 -- 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 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) 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.

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

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