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Assembly Bill A3446

2019-2020 Legislative Session

Relates to involuntary admittance

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Archive: Last Bill Status - In Assembly Committee

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2019-A3446 (ACTIVE) - Details

Current Committee:
Assembly Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§9.27 & 9.39, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: A7709
2021-2022: A5227

2019-A3446 (ACTIVE) - Summary

Provides that when there is an involuntary admittance to an in-patient facility, the person's or the person's guardian'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.

2019-A3446 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3446
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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.
                                                            LBD05197-01-9

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