S T A T E O F N E W Y O R K
________________________________________________________________________
2441
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities
AN ACT to amend the mental hygiene law, in relation to providing a
mental hygiene legal service to certain patients or residents of resi-
dential healthcare facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 47.01 of the mental hygiene law,
as amended by chapter 7 of the laws of 2007, is amended to read as
follows:
(a) There shall be a mental hygiene legal service of the state in each
judicial department. The service shall provide legal assistance to
patients or residents of a facility as defined in section 1.03 of this
chapter, PATIENTS OR RESIDENTS OF RESIDENTIAL HEALTHCARE FACILITIES
LICENSED AND OPERATING PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC
HEALTH LAW WHO HAVE BEEN ADMITTED DIRECTLY FROM A FACILITY AS DEFINED IN
SECTION 1.03 OF THIS CHAPTER AND WHO HAVE A SERIOUS MENTAL ILLNESS AS
DEFINED IN SECTION 1.03 OF THIS CHAPTER AND ARE RECEIVING SERVICES
RELATED TO SUCH ILLNESS, or any other place or facility which is
required to have an operating certificate pursuant to article sixteen or
thirty-one of this chapter, and to persons alleged to be in need of care
and treatment in such facilities or places, and to persons entitled to
such legal assistance as provided by article ten of this chapter. The
head of such service in each judicial department and such assistants and
such staff as may be necessary shall be appointed and may be removed by
the presiding justice of the appellate division of the judicial depart-
ment. Appointments and transfers to the service shall comply with the
provisions of the civil service law. Standards for qualifications of the
personnel in the service shall be established by the presiding justice
of the appellate division of the judicial department. The presiding
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00259-01-7
S. 2441 2
justice of the appellate division of the judicial department shall
promulgate such rules or regulations as may be necessary to effectuate
the purposes of this article.
§ 2. This act shall take effect immediately.