Assembly Bill A3895

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3895
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ, GOTTFRIED, COLTON, HOOPER, JOYNER -- 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.
   §  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.
              

                                                            LBD08875-01-7

 A. 3895                             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.
   § 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:
 § 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.
   § 4. This act shall take effect immediately.