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Assembly Bill A7604

Signed By Governor

2017-2018 Legislative Session

Relates to involuntary care and treatment and to whom an application for such admission is made

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Archive: Last Bill Status - Signed by Governor

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2017-A7604 (ACTIVE) - Details

See Senate Version of this Bill:
S6154
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§15.01 & 15.27, Ment Hyg L

2017-A7604 (ACTIVE) - Summary

Relates to involuntary care and treatment and to whom an application for such admission is made.

2017-A7604 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7604
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 3, 2017
                                ___________
 
 Introduced  by  M. of A. GUNTHER -- (at request of the Office for People
   with Developmental Disabilities) -- read  once  and  referred  to  the
   Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to the definition of
   "in need of involuntary care and treatment" and to whom an application
   for such admission is made

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The third undesignated paragraph of section  15.01  of  the
 mental hygiene law, as renumbered by chapter 978 of the laws of 1977, is
 amended to read as follows:
   "in  need of involuntary care and treatment" means that a person is in
 need of in-patient care and treatment as a resident in  a  school,  that
 such care and treatment is essential to his OR HER welfare, and that his
 OR  HER  judgment  is so impaired that he OR SHE is unable to understand
 the need for such care and treatment AND THAT HE OR SHE POSES A REAL AND
 PRESENT RISK OF SUBSTANTIAL PHYSICAL  HARM  TO  HIMSELF  OR  HERSELF  OR
 OTHERS.
   §  2.  Subsection  (a)  of section 15.27 of the mental hygiene law, as
 amended by chapter 37 of the  laws  of  2011,  is  amended  to  read  as
 follows:
   (a) [The director of a school] THE COMMISSIONER may receive and retain
 [therein] IN A SCHOOL, as a resident any person alleged to have a devel-
 opmental  disability  and  be  in need of involuntary care and treatment
 upon the certificates of two examining physicians or  of  one  examining
 physician  and one certified psychologist, accompanied by an application
 for the admission of such  person.  The  examination  may  be  conducted
 jointly but each examiner shall execute a separate certificate.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10120-02-7

              

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