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Assembly Bill A1588

2017-2018 Legislative Session

Relates to the amount of time a person incapacitated by alcohol and/or substances may be retained without giving consent

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Archive: Last Bill Status - In Assembly Committee

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2017-A1588 (ACTIVE) - Details

Current Committee:
Assembly Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §22.09, Ment Hyg L
Versions Introduced in 2015-2016 Legislative Session:
A10627

2017-A1588 (ACTIVE) - Summary

Relates to the amount of time a person incapacitated by alcohol and/or substances, to the degree that there is a likelihood it will result in harm to the person or others, shall be retained without giving consent.

2017-A1588 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1588
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced by 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.  Paragraph  5  of  subdivision (b) of section 22.09 of the
 mental hygiene law, as amended by section 1 of part D of chapter  69  of
 the laws of 2016, is amended to read as follows:
   5.  A  person  who  comes  voluntarily  or  is brought with his or her
 objection to a treatment facility shall be examined as soon as  possible
 but not more than twelve hours after arriving at such treatment facility
 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 to receive emergency services and shall
 be regularly reevaluated to  confirm  continued  incapacity  by  alcohol
 and/or  substances to the degree that there is a likelihood to result in
 harm to the person or others. If the examining physician  determines  at
 any  time  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 seventy-two
 hours.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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