S T A T E   O F   N E W   Y O R K
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                                  8440

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced by M. of A. ORTIZ, GOTTFRIED, COLTON, HOOPER -- read once and
  referred to the Committee on Higher Education

AN ACT to amend the mental hygiene law, in relation to authorizing nurse
  practitioners to admit a patient to an inpatient mental health unit on
  a voluntary basis

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

  Section 1. Section 9.01 of the mental hygiene law is amended by adding
a new ninth undesignated paragraph to read as follows:
  "QUALIFIED NURSE PRACTITIONER" MEANS AN INDIVIDUAL  LICENSED  PURSUANT
TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW AND CERTIFIED AS
A  NURSE  PRACTITIONER PURSUANT TO SECTION SIXTY-NINE HUNDRED TWO OF THE
EDUCATION LAW WITH A CERTIFICATE IN THE SPECIALTY OF PSYCHIATRY.
  S 2. Subdivision (a) of section 9.13 of the  mental  hygiene  law,  as
amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
follows:
  (a) The director of any hospital may receive as  a  voluntary  patient
any suitable person in need of care and treatment, who voluntarily makes
written  application  therefor. TO THE EXTENT THAT SUCH WRITTEN APPLICA-
TION REQUIRES AN EXAMINATION OF THE PATIENT AND  CONFIRMATION  THAT  THE
PATIENT  HAS  A  MENTAL ILLNESS FOR WHICH CARE AND TREATMENT IN A MENTAL
HOSPITAL IS APPROPRIATE, SUCH EVALUATION AND CONFIRMATION SHALL BE  MADE
BY  EITHER  A PHYSICIAN OR A QUALIFIED NURSE PRACTITIONER. If the person
is under sixteen years of age, the person may be received as a voluntary
patient only on the application of the parent, legal guardian, or  next-
of-kin  of  such  person, or, subject to the terms of any court order or
any instrument executed pursuant to section three hundred  eighty-four-a
of  the  social  services  law, a social services official or authorized
agency with care and custody of  such  person  pursuant  to  the  social
services  law, the director of the division for youth, acting in accord-
ance with section five hundred nine of the executive law, or a person or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04164-01-5
              

A. 8440                             2

entity having custody of the person pursuant to an order issued pursuant
to section seven hundred fifty-six or one  thousand  fifty-five  of  the
family court act. If the person is over sixteen and under eighteen years
of age, the director may, in his discretion, admit such person either as
a  voluntary patient on his own application or on the application of the
person's parent, legal guardian, next-of-kin, or, subject to  the  terms
of  any court order or any instrument executed pursuant to section three
hundred eighty-four-a of the social  services  law,  a  social  services
official  or  authorized  agency  with  care  and custody of such person
pursuant to the social services law, the director of  the  division  for
youth, acting in accordance with section five hundred nine of the execu-
tive  law, provided that such person knowingly and voluntarily consented
to such application in accordance with such  section,  or  a  person  or
entity having custody of the person pursuant to an order issued pursuant
to  section  seven  hundred  fifty-six or one thousand fifty-five of the
family court act.
  S 3. Section 9.15 of the mental hygiene law, as renumbered by  chapter
978 of the laws of 1977, is amended to read as follows:
S 9.15 Informal admissions.
  The  director  of  any  hospital approved by the commissioner for such
purpose may receive therein as an informal patient any  suitable  person
in  need of care and treatment requesting admission thereto. Such person
may be admitted as a patient without making formal or  written  applica-
tion  therefor and any such patient shall be free to leave such hospital
at any time after such admission. TO  THE  EXTENT  THAT  SUCH  ADMISSION
REQUIRES AN EXAMINATION OF THE PATIENT AND CONFIRMATION THAT THE PATIENT
HAS  A  MENTAL ILLNESS FOR WHICH CARE AND TREATMENT IN A MENTAL HOSPITAL
IS APPROPRIATE, SUCH EVALUATION AND CONFIRMATION SHALL BE MADE BY EITHER
A PHYSICIAN OR A QUALIFIED NURSE PRACTITIONER.
  S 4. This act shall take effect immediately.