Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to alcoholism and drug abuse |
May 10, 2017 |
referred to alcoholism and drug abuse |
Assembly Bill A7709
2017-2018 Legislative Session
Sponsored By
ABINANTI
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-A7709 (ACTIVE) - Details
2017-A7709 (ACTIVE) - Summary
Provides that when there is an involuntary admittance to an in-patient facility, the person's or the person's designee's choice of facility shall be respected as long as it is appropriate; provided, however, such choice shall be subject to the facility's ability to provide the person's necessary level of care and the availability of space.
2017-A7709 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7709 2017-2018 Regular Sessions I N A S S E M B L Y May 10, 2017 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Alcoholism and Drug Abuse AN ACT to amend the mental hygiene law, in relation to involuntary admittance THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 9.27 of the mental hygiene law is amended by adding a new subdivision (j) to read as follows: (J) WHEN THERE IS AN INITIAL INVOLUNTARY ADMITTANCE TO AN IN-PATIENT FACILITY PURSUANT TO THIS SECTION, THE PERSON'S OR THE PERSON'S GUARDI- AN'S CHOICE OF FACILITY SHALL BE RESPECTED; PROVIDED, HOWEVER, SUCH CHOICE SHALL BE SUBJECT TO THE FACILITY'S ABILITY TO PROVIDE THE PERSON'S NECESSARY LEVEL OF CARE AND THE AVAILABILITY OF A BED WITHIN A REASONABLE TIME PERIOD, AND PROVIDED THAT HONORING SUCH CHOICE WOULD NOT JEOPARDIZE THE HEALTH AND SAFETY OF THE INDIVIDUAL IN THE EXAMINING PHYSICIAN'S PROFESSIONAL JUDGMENT TAKING INTO ACCOUNT MITIGATING FACTORS INCLUDING BUT NOT LIMITED TO THE INDIVIDUAL'S ANTICIPATED DURATION OF STAY, AND LEVEL OF MEDICAL EMERGENCY. § 2. Section 9.39 of the mental hygiene law is amended by adding a new subdivision (d) to read as follows: (D) WHEN THERE IS AN INITIAL INVOLUNTARY ADMITTANCE TO AN IN-PATIENT FACILITY PURSUANT TO SECTION 9.27 OF THIS ARTICLE, THE PERSON'S OR THE PERSON'S GUARDIAN'S CHOICE OF FACILITY SHALL BE RESPECTED; PROVIDED, HOWEVER, SUCH CHOICE SHALL BE SUBJECT TO THE FACILITY'S ABILITY TO PROVIDE THE PERSON'S NECESSARY LEVEL OF CARE AND THE AVAILABILITY OF A BED WITHIN A REASONABLE TIME PERIOD, AND PROVIDED THAT HONORING SUCH CHOICE WOULD NOT JEOPARDIZE THE HEALTH AND SAFETY OF THE INDIVIDUAL IN THE EXAMINING PHYSICIAN'S PROFESSIONAL JUDGMENT TAKING INTO ACCOUNT MITIGATING FACTORS INCLUDING BUT NOT LIMITED TO THE INDIVIDUAL'S ANTIC- IPATED DURATION OF STAY, AND LEVEL OF MEDICAL EMERGENCY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04522-01-7
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