Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2018 |
referred to mental health and developmental disabilities |
Jun 21, 2017 |
committed to rules |
May 02, 2017 |
advanced to third reading |
May 01, 2017 |
2nd report cal. |
Apr 26, 2017 |
1st report cal.658 |
Jan 18, 2017 |
referred to mental health and developmental disabilities |
Senate Bill S2942
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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
Votes
co-Sponsors
(D) Senate District
(R, C, IP) 62nd Senate District
2017-S2942 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7709
- Current Committee:
- Senate Mental Health And Developmental Disabilities
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§9.27 & 9.39, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S5453
2015-2016: S3650
2019-2020: A3446
2021-2022: A5227
2017-S2942 (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-S2942 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2942 TITLE OF BILL : An act to amend the mental hygiene law, in relation to involuntary admittance PURPOSE : The purpose of the bill is to respect a patient's choice of facility when being initially admitted involuntarily for treatment. SUMMARY OF PROVISIONS : Section 1 amends section 9.27 of the mental hygiene law to require that when there is an initial involuntary admittance to an inpatient facility the person's or the person's guardian's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived or if the health and safety of the individual would be jeopardized as well as other mitigating factors. Section 2 amend section 9.39 of the mental hygiene law to require that when there is an initial involuntary admittance to an in-patient facility the person's or the person's guardian's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived or if the health and safety of the individual
2017-S2942 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2942 2017-2018 Regular Sessions I N S E N A T E January 18, 2017 ___________ Introduced by Sens. HAMILTON, CARLUCCI, ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities 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.
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