| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Nov 22, 2024 |
referred to rules |
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Senate Bill S9954
2023-2024 Legislative Session
Relates to the hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness by qualified clinical examiners or qualified mental health professionals
download bill text pdfSponsored By
(D, WF) 47th Senate District
Archive: Last Bill Status - In Senate Committee Rules 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
2023-S9954 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd Ment Hyg L, generally
- Versions Introduced in 2025-2026 Legislative Session:
-
S254
2023-S9954 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9954
SPONSOR: HOYLMAN-SIGAL
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to the hospitaliza-
tion, care coordination, and assisted outpatient treatment for persons
with mental illness by qualified clinical examiners or qualified mental
health professionals
PURPOSE OR GENERAL IDEA OF BILL:
Authorize psychologists, psychiatric nurse practitioners, and licensed
clinical social workers to ev aluate an individual's need for psychiat-
ric hospitalization or AOT. Require psychiatric hospitals to coordinate
with community mental health institutions and local mental health offi-
cials upon intake and discharge.
SUMMARY OF PROVISIONS:
Section 1: Provides for the law to be known as the Harness Expertise of
Licensed Professionals Act
Section 2: Amends Section 9.01 of the Mental Hygiene Law to add the definition of qualified clinical examiner, which will include psy chia- tric nurse practitioner, psychologist, or licensed clinical social work- er Section 3: Amends Section 9.05 to add clinical examiners as those eligi- ble alongside physicians to make decisions regarding involunta ry hospi- talization Section 4: Amends Section 9.27 to add clinical examiners as those eligi- ble alongside physicians to make decisions regarding involunta ry hospi- talization Section 5: Amends Section 9.29 to add clinical examiners as those eligi- ble alongside physicians to make decisions regarding involunta ry hospi- talization Section 6: Amends Section 9.31 to add clinical examiners as those eligi- ble alongside physicians to make decisions regarding involunta ry hospi- talization Section 7: Amends Section 9.33 to add clinical examiners as those eligi- ble alongside physicians to make decisions regarding involunta ry hospi- talization Section 8: Amends Section 9.37 to add clinical examiners as those eligi- ble alongside physicians to make decisions regarding involunta ry hospi- talization Section 9: Amends Section 9.39 to add clinical examiners as those eligi- ble alongside physicians to make decisions regarding involunta ry hospi- talization Section 10: Amends Section 9.40 to add clinical examiners as those eligible alongside physicians to make decisions regarding involunt ary hospitalization Section 11: Amends Section 9.47 to add clinical examiners as those eligible alongside physicians to make decisions regarding involunt ary hospitalization Section 12: Amends Section 9.55 to add clinical examiners as those eligible alongside physicians to make decisions regarding involunt ary hospitalization Section 13: Creates Section 9.56 which allows Physicians or mental health professionals to request that a director of an adult care f acil- ity remove a patient that is acting in a way that presents serious harm to themselves or others. A facility director may request law enforcement to transfer a patient to a hospital. Patients transported to a hospital retain their status as a resident of the adult care facility unless admitted to the hospital for treatment. Section 14: Amends Section 9.57 to add clinical examiners as those eligible alongside physicians to make decisions regarding involuntary hospitalization Section 15: Amends Section 9.58 to add clinical examiners as those eligible alongside physicians to make decisions regarding involuntary hospitalization Section 16: Amends Section 9.60 to add clinical examiners as those eligible alongside physicians to make decisions regarding involuntary hospitalization Section 17: Amends Section 9.60 to add clinical examiners as those eligible alongside physicians to make decisions regarding involuntary hospitalization Section 18: Amends Section 9.60 to add clinical examiners as those eligible alongside physicians to make decisions regarding involunt ary hospitalization Section 19: Amends Section 9.64 to require that when a patient is admit- ted into a psychiatric hospital that community health providers that have treated said patient are promptly notified Section 20: Amends Section 29.15 of the Mental Hygiene Law to add clin- ical examiners as those eligible alongside physicians to make decisions regarding involuntary hospitalization Section 21: Amends Section 29.15 to require that when a patient is discharged from a psychiatric hospital that community health providers that have treated said patient and state and local social services commissioners are promptly notified Section 22: Amends Section 41.09 to add qualified clinical examiners as those eligible to be directors of a psychiatric institution e ligible to make involuntary hospitalization determinations Section 23: Requires that this bill take effect immediately, except for section seven of this act, which is subject to the expiration and rever- sion of such subdivision pursuant to section 21 of chapter 723 of the laws of 1989 JUSTIFICATION: The H.E.L.P. Act aims to address New York City's mental health crisis by expanding the pool of mental health professionals authorized to perform clinical evaluations and direct treatment for individuals who may pose a threat of serious harm to themselves or others. This legislation would allow not only physicians to perform a clinical evaluation of a person's need for involuntary hospitalization, but also psychiatric nurse practi- tioners, psychologists, and clinical social workers. The current restrictions prevent the system from making use of other mental health profes sionals who are equally qualified to perform these evaluations, exacerbating a systemic staffing shortage, and diverting physicians' time from patient care. The bill does not expand the powers of police or adjust the standards required for commitment in any way. CPEPs (Comprehensive Psychiatric Emergency Programs) are already heavily reliant on Psychiatric Nurse Practitioners (PNPs) to fill th e gap left by the psychiatrist shortage and are highly trained clinicians fully capable of performing most basic functions of a CPEP, including whether patients meet admission criteria. With the relatively small number of psychiatrists on duty in CPEPs, the result i s often a backlog of patients waiting to be assessed, and making it harder for patients to get careful assessments. Allowing CPEPs to operate more efficiently will lead to higher quality, more careful assessments that take account of the person's treatment history, behavior that led to the removal, and other factors. The psychiatrist shortage is an underappreciated major contributing factor to New York's inpatient psychiatric bed shortage. Hospitals can only open as many beds as they have the personnel to staff. Empowering fully qualified clinicians in significantly greater supply to perform these functions will allow hospitals to open more inpatient psychiatric beds and relieve pressure on the system to reserve the beds they have for those thought to be at highest risk. The H.E.L.P. Act also requires that hospital administrators notify community mental health providers who have treated a patient previ ously when they are admitted to a hospital. This will help ensure better continuity of care and coordination between different layers of the healthcare system. Additionally, community healthcare providers, along with mental health government officials, must be notif ied upon discharge of a patient who was involuntarily committed. PRIOR LEGISLATIVE HISTORY: New Bill FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to State EFFECTIVE DATE: this act shall take effect immediately
2023-S9954 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
9954
I N S E N A T E
November 22, 2024
___________
Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the mental hygiene law, in relation to the hospitaliza-
tion, care coordination, and assisted outpatient treatment for persons
with mental illness by qualified clinical examiners or qualified
mental health professionals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Harness
Expertise of Licensed Professionals Act" or the "H.E.L.P." act.
§ 2. Section 9.01 of the mental hygiene law, as amended by chapter 723
of the laws of 1989, the seventh undesignated paragraph as amended by
chapter 595 of the laws of 2000, is amended to read as follows:
§ 9.01 Definitions.
As used in this article:
(A) "in need of care and treatment" means that a person has a mental
illness for which in-patient care and treatment in a hospital is appro-
priate.
(B) "in need of involuntary care and treatment" means that a person
has a mental illness for which care and treatment as a patient in a
hospital is essential to such person's welfare and whose judgment is so
impaired that [he] SUCH PERSON is unable to understand the need for such
care and treatment.
(C) "likelihood to result in serious harm" or "likely to result in
serious harm" means [(a)] (I) a substantial risk of physical harm to the
person as manifested by threats of or attempts at suicide or serious
bodily harm or other conduct demonstrating that the person is dangerous
to [himself or herself] THEMSELVES, or [(b)] (II) a substantial risk of
physical harm to other persons as manifested by homicidal or other
violent behavior by which others are placed in reasonable fear of seri-
ous physical harm.
(D) "need for retention" means that a person who has been admitted to
a hospital pursuant to this article is in need of involuntary care and
treatment in a hospital for a further period.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16302-03-4
S. 9954 2
(E) "record" of a patient shall consist of admission, transfer or
retention papers and orders, and accompanying data required by this
article and by the regulations of the commissioner.
(F) "director of community services" means the director of community
services for the mentally disabled appointed pursuant to article forty-
one of this chapter.
(G) "qualified psychiatrist" means a physician licensed to practice
medicine in New York state who: [(a)] (I) is a diplomate of the American
board of psychiatry and neurology or is eligible to be certified by that
board; or [(b)] (II) is certified by the American osteopathic board of
neurology and psychiatry or is eligible to be certified by that board.
(H) "QUALIFIED CLINICAL EXAMINER" MEANS A PSYCHIATRIC NURSE PRACTI-
TIONER CERTIFIED BY THE DEPARTMENT OF EDUCATION, A PSYCHOLOGIST LICENSED
PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
CLINICAL SOCIAL WORKER LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-
FOUR OF THE EDUCATION LAW.
(I) "QUALIFIED MENTAL HEALTH PROFESSIONAL" MEANS A QUALIFIED CLINICAL
EXAMINER, A PROFESSIONAL NURSE REGISTERED PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THE EDUCATION LAW, OR ANY OF THE FOLLOWING WORK-
ING UNDER THE SUPERVISION OF A PHYSICIAN OR QUALIFIED CLINICAL EXAMINER:
A MASTER SOCIAL WORKER LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-
FOUR OF THE EDUCATION LAW, A MENTAL HEALTH COUNSELOR LICENSED PURSUANT
TO ARTICLE ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW, OR A MARRIAGE
AND FAMILY THERAPIST LICENSED PURSUANT TO ARTICLE ONE HUNDRED SIXTY-
THREE OF THE EDUCATION LAW.
§ 3. Section 9.05 of the mental hygiene law, as renumbered by chapter
978 of the laws of 1977, is amended to read as follows:
§ 9.05 Examining physicians, QUALIFIED CLINICAL EXAMINERS, and medical
certificates.
(a) A person is disqualified from acting as an examining physician OR
QUALIFIED CLINICAL EXAMINER in the following cases:
1. if [he is] THEY ARE a relative of the person applying for the
admission or of the person alleged to be mentally ill.
2. if [he is] THEY ARE a manager, trustee, visitor, proprietor, offi-
cer, director, or stockholder of the hospital in which the patient is
hospitalized or to which it is proposed to admit such person, except as
otherwise provided in this chapter, or if [he has] THEY HAVE any pecuni-
ary interest, directly or indirectly, in such hospital, provided that
receipt of fees, privileges, or compensation for treating or examining
patients in such hospital shall not be deemed to be a pecuniary inter-
est.
3. if [he is] THEY ARE on the staff of a proprietary facility to which
it is proposed to admit such person.
(b) A certificate, as required by this article, must show that the
person is mentally ill and shall be based on an examination of the
person alleged to be mentally ill made within ten days prior to the date
of admission. The date of the certificate shall be the date of such
examination. All certificates shall contain the facts and circumstances
upon which the judgment of the physicians OR QUALIFIED CLINICAL EXAMIN-
ERS is based and shall show that the condition of the person examined is
such that [he needs] THEY NEED involuntary care and treatment in a
hospital and such other information as the commissioner may by regu-
lation require.
§ 4. The section heading and subdivisions (a), (d), (e) and (i) of
section 9.27 of the mental hygiene law, as renumbered by chapter 978 of
S. 9954 3
the laws of 1977, subdivision (i) as amended by chapter 847 of the laws
of 1987, are amended to read as follows:
Involuntary admission on [medical] CLINICAL certification.
(a) The director of a hospital may receive and retain therein as a
patient any person alleged to be mentally ill and in need of involuntary
care and treatment upon the certificates of two examining physicians,
TWO EXAMINING QUALIFIED CLINICAL EXAMINERS OR A COMBINATION OF AN EXAM-
INING PHYSICIAN AND AN EXAMINING QUALIFIED CLINICAL EXAMINER, accompa-
nied by an application for the admission of such person. The examination
may be conducted jointly but each examining physician OR QUALIFIED CLIN-
ICAL EXAMINER shall execute a separate certificate.
(d) Before an examining physician OR QUALIFIED CLINICAL EXAMINER
completes the certificate of examination of a person for involuntary
care and treatment, [he] THE PHYSICIAN OR QUALIFIED CLINICAL EXAMINER
shall consider alternative forms of care and treatment that might be
adequate to provide for the person's needs without requiring involuntary
hospitalization. If the examining physician OR QUALIFIED CLINICAL EXAM-
INER knows that the person [he is] THEY ARE examining for involuntary
care and treatment has been under prior treatment, [he] THEY shall,
insofar as [possible] REASONABLE, consult with the physician or
[psychologist] QUALIFIED MENTAL HEALTH PROFESSIONAL furnishing such
prior treatment prior to completing [his] THE certificate. Nothing in
this section shall prohibit or invalidate any involuntary admission made
in accordance with the provisions of this chapter.
(e) The director of the hospital where such person is brought shall
cause such person to be examined forthwith by a physician OR QUALIFIED
CLINICAL EXAMINER who shall be a member of the psychiatric staff of such
hospital other than the original examining physicians OR QUALIFIED CLIN-
ICAL EXAMINER whose certificate or certificates accompanied the applica-
tion, and[,] if such person is found to be in need of involuntary care
and treatment, [he] THEY may be admitted thereto as a patient as herein
provided.
(i) After an application for the admission of a person has been
completed and both physicians OR QUALIFIED CLINICAL EXAMINERS have exam-
ined such person and separately certified that [he or she is] THEY ARE
mentally ill and in need of involuntary care and treatment in a hospi-
tal, either physician OR QUALIFIED CLINICAL EXAMINER is authorized to
request peace officers, when acting pursuant to their special duties, or
police officers[,] who are members of an authorized police department or
force or of a sheriff's department, to take into custody and transport
such person to a hospital for determination by the director whether such
person qualifies for admission pursuant to this section. Upon the
request of either physician OR QUALIFIED CLINICAL EXAMINER, an ambulance
service, as defined by subdivision two of section three thousand one of
the public health law, is authorized to transport such person to a
hospital for determination by the director whether such person qualifies
for admission pursuant to this section.
§ 5. Section 9.29 of the mental hygiene law, as renumbered by chapter
978 of the laws of 1977 and subdivision (a) as amended by chapter 789 of
the laws of 1985, is amended to read as follows:
§ 9.29 Involuntary admission on [medical] CLINICAL certification; notice
of admission to patients and others.
(a) The director shall cause written notice of a person's involuntary
admission on an application supported by [medical] CLINICAL certif-
ication to be given forthwith to the mental hygiene legal service.
S. 9954 4
(b) The director shall cause written notice of the admission of such
person, including such person's rights under this article, to be given
personally or by mail not later than five days, excluding Sunday and
holidays, after such admission to the following:
1. the nearest relative of the person alleged to be mentally ill,
other than the applicant, if there be any such person known to the
director.
2. as many as three additional persons, if designated in writing to
receive such notice by the person so admitted.
§ 6. The section heading and subdivision (a) of section 9.31 of the
mental hygiene law, as renumbered by chapter 978 of the laws of 1977 and
subdivision (a) as amended by chapter 789 of the laws of 1985, are
amended to read as follows:
Involuntary admission on [medical] CLINICAL certification; patient's
right to a hearing.
(a) If, at any time prior to the expiration of sixty days from the
date of involuntary admission of a patient on an application supported
by [medical] CLINICAL certification, [he] SUCH PATIENT or any relative
or friend or the mental hygiene legal service gives notice in writing to
the director of request for hearing on the question of need for involun-
tary care and treatment, a hearing shall be held as herein provided. The
patient or person requesting a hearing on behalf of the patient may
designate the county where the hearing shall be held, which shall be
either in the county where the hospital is located, the county of the
patient's residence, or the county in which the hospital to which the
patient was first admitted is located. Such hearing shall be held in the
county so designated, subject to application by any interested party,
including the director, for change of venue to any other county because
of the convenience of parties or witnesses or the condition of the
patient upon notice to the persons required to be served with notice of
the patient's initial admission.
§ 7. Subdivision (a) of section 9.33 of the mental hygiene law, as
amended by chapter 789 of the laws of 1985, is amended to read as
follows:
(a) If the director shall determine that a patient admitted upon an
application supported by [medical] CLINICAL certification, for whom
there is no court order authorizing retention for a specified period, is
in need of retention and if such patient does not agree to remain in
such hospital as a voluntary patient, the director shall apply to the
supreme court or the county court in the county where the hospital is
located for an order authorizing continued retention. Such application
shall be made no later than sixty days from the date of involuntary
admission on application supported by [medical] CLINICAL certification
or thirty days from the date of an order denying an application for
patient's release pursuant to section 9.31 OF THIS ARTICLE, whichever is
later; and the hospital is authorized to retain the patient for such
further period during which the hospital is authorized to make such
application or during which the application may be pending. The director
shall cause written notice of such application to be given the patient
and a copy thereof shall be given personally or by mail to the persons
required by this article to be served with notice of such patient's
initial admission and to the mental hygiene legal service. Such notice
shall state that a hearing may be requested and that failure to make
such a request within five days, excluding Sunday and holidays, from the
date that the notice was given to the patient will permit the entry
without a hearing of an order authorizing retention.
S. 9954 5
§ 8. Section 9.37 of the mental hygiene law, as renumbered by chapter
978 of the laws of 1977, subdivision (a) as amended by chapter 723 of
the laws of 1989, subdivision (c) as amended by chapter 230 of the laws
of 2004, subdivision (d) as amended by chapter 357 of the laws of 1991
and relettered by chapter 343 of the laws of 1996, subdivisions (e) and
(f) as relettered by chapter 343 of the laws of 1996, and subdivision
(g) as added by chapter 978 of the laws of 1977 and relettered by chap-
ter 343 of the laws of 1996, is amended to read as follows:
§ 9.37 Involuntary admission on certificate of a director of community
services or [his] THE DIRECTOR'S designee.
(a) The director of a hospital, upon application by a director of
community services or an examining physician OR QUALIFIED CLINICAL EXAM-
INER duly designated by [him or her] SUCH DIRECTOR, may receive and care
for in such hospital as a patient any person who, in the opinion of the
director of community services or the director's designee, has a mental
illness for which immediate inpatient care and treatment in a hospital
is appropriate and which, WITHOUT TREATMENT, is likely to result in
serious harm to [himself or herself] SELF or others.
The need for immediate hospitalization shall be confirmed by a [staff]
physician OR QUALIFIED CLINICAL EXAMINER ON THE STAFF of the hospital
prior to admission. Within seventy-two hours, excluding Sunday and holi-
days, after such admission, if such patient is to be retained for care
and treatment beyond such time and [he or she] THE PATIENT does not
agree to remain in such hospital as a voluntary patient, the certificate
of another examining physician OR QUALIFIED CLINICAL EXAMINER who is a
member of the psychiatric staff of the hospital that the patient is in
need of involuntary care and treatment shall be filed with the hospital.
From the time of [his or her] THE PATIENT'S admission under this section
the retention of such patient for care and treatment shall be subject to
the provisions for notice, hearing, review, and judicial approval of
continued retention or transfer and continued retention provided by this
article for the admission and retention of involuntary patients,
provided that, for the purposes of such provisions, the date of admis-
sion of the patient shall be deemed to be the date when the patient was
first received in the hospital under this section.
(b) The application for admission of a patient pursuant to this
section shall be based upon a personal examination by a director of
community services or [his] THE DIRECTOR'S designee. It shall be in
writing and shall be filed with the director of such hospital at the
time of the patient's reception, together with a statement in a form
prescribed by the commissioner giving such information as [he] THE
COMMISSIONER may deem appropriate.
(c) Notwithstanding the provisions of subdivision (b) of [this]
section 41.09 OF THIS CHAPTER, in counties with a population of less
than two hundred thousand, a director of community services [who is a
licensed psychologist pursuant to article one hundred fifty-three of the
education law or a licensed clinical social worker pursuant to article
one hundred fifty-four of the education law but] who is not a physician
OR QUALIFIED CLINICAL EXAMINER may apply for the admission of a patient
pursuant to this section without [a medical] AN examination by a desig-
nated physician OR QUALIFIED CLINICAL EXAMINER, if a hospital approved
by the commissioner pursuant to section 9.39 of this article is not
located within thirty miles of the patient, and the director of communi-
ty services has made a reasonable effort to locate [a designated] AN
examining physician OR QUALIFIED CLINICAL EXAMINER DESIGNATED PURSUANT
TO SECTION 41.09 OF THIS CHAPTER but such [a] designee is not immediate-
S. 9954 6
ly available and the director of community services, after personal
observation of the person, reasonably believes that [he] SUCH PERSON may
have a mental illness [which] THAT is likely to result in serious harm
to [himself] SELF or others and inpatient care and treatment of such
person in a hospital may be appropriate. In the event of an application
pursuant to this subdivision, a physician OR QUALIFIED CLINICAL EXAMINER
of the receiving hospital shall examine the patient and shall not admit
the patient unless [he or she determines] THEY DETERMINE that the
patient has a mental illness for which immediate inpatient care and
treatment in a hospital is appropriate and [which] THAT is likely to
result in serious harm to [himself] SELF or others. If the patient is
admitted, the need for hospitalization shall be confirmed by another
[staff] physician OR QUALIFIED CLINICAL EXAMINER ON THE STAFF OF THE
HOSPITAL within twenty-four hours. An application pursuant to this
subdivision shall be in writing and shall be filed with the director of
such hospital at the time of the patient's reception, together with a
statement in a form prescribed by the commissioner giving such informa-
tion as [he] THE COMMISSIONER may deem appropriate, including a state-
ment of the efforts made by the director of community services to locate
a designated examining physician OR QUALIFIED CLINICAL EXAMINER prior to
making an application pursuant to this subdivision.
(d) After signing the application, the director of community services
or the director's designee shall be authorized and empowered to take
into custody, detain, transport, and provide temporary care for any such
person. Upon the written [request] DIRECTIVE of such director or the
director's designee it shall be the duty of peace officers, when acting
pursuant to their special duties, or police officers who are members of
the state police or of an authorized police department or force or of a
sheriff's department to take into custody and transport any such person
as requested and directed by such director or designee. Upon the written
[request] DIRECTIVE of such director or designee, an ambulance service,
as defined in subdivision two of section three thousand one of the
public health law, is authorized to transport any such person.
(e) Reasonable expenses incurred by the director of community mental
hygiene services or [his] THE DIRECTOR'S designee for the examination
and temporary care of the patient and [his] SUCH PATIENT'S transporta-
tion to and from the hospital shall be a charge upon the county from
which the patient was admitted and shall be paid from any funds avail-
able for such purposes.
(f) The provisions of this section shall not be applicable to continue
any patient in a hospital who has already been admitted to the hospital
under this or any other section of this article.
(g) If a person is examined and determined to be mentally ill the fact
that such person suffers from alcohol or substance abuse shall not
preclude commitment under this section.
§ 8-a. Subdivision (a) of section 9.37 of the mental hygiene law, as
renumbered by chapter 978 of the laws of 1977, is amended to read as
follows:
(a) The director of a hospital, upon application by a director of
community services or an examining physician OR QUALIFIED CLINICAL EXAM-
INER duly designated by [him] THE DIRECTOR, may receive and care for in
such hospital as a patient any person who, in the opinion of the direc-
tor of community services or [his] THE DIRECTOR'S designee, has a mental
illness for which immediate inpatient care and treatment in a hospital
is appropriate and which, WITHOUT TREATMENT, is likely to result in
S. 9954 7
serious harm to [himself] SELF or others; "likelihood of serious harm"
shall mean:
1. substantial risk of physical harm to [himself] SELF as manifested
by threats of or attempts at suicide or serious bodily harm or other
conduct demonstrating that [he is] THEY ARE dangerous to [himself] THEM-
SELF, or
2. a substantial risk of physical harm to other persons as manifested
by homicidal or other violent behavior by which others are placed in
reasonable fear or serious physical harm.
The need for immediate hospitalization shall be confirmed by a [staff]
physician OR QUALIFIED CLINICAL EXAMINER ON THE STAFF of the hospital
prior to admission. Within seventy-two hours, excluding Sunday and holi-
days, after such admission, if such patient is to be retained for care
and treatment beyond such time and [he] THE PATIENT does not agree to
remain in such hospital as a voluntary patient, the certificate of
another examining physician OR QUALIFIED CLINICAL EXAMINER who is a
member of the psychiatric staff of the hospital that the patient is in
need of involuntary care and treatment shall be filed with the hospital.
From the time of [his] THE PATIENT'S admission under this section the
retention of such patient for care and treatment shall be subject to the
provisions for notice, hearing, review, and judicial approval of contin-
ued retention or transfer and continued retention provided by this arti-
cle for the admission and retention of involuntary patients, provided
that, for the purposes of such provisions, the date of admission of the
patient shall be deemed to be the date when the patient was first
received in the hospital under this section.
§ 9. Section 9.39 of the mental hygiene law, as renumbered by and
subdivision (c) as added by chapter 978 of the laws of 1977, and subdi-
vision (a) as amended by chapter 789 of the laws of 1985, is amended to
read as follows:
§ 9.39 Emergency admissions for immediate observation, care, and treat-
ment.
(a) The director of any hospital maintaining adequate staff and facil-
ities for the observation, examination, care, and treatment of persons
alleged to be mentally ill and approved by the commissioner to receive
and retain patients pursuant to this section may receive and retain
therein as a patient for a period of fifteen days any person alleged to
have a mental illness for which immediate observation, care, and treat-
ment in a hospital is appropriate and which is likely to result in seri-
ous harm to [himself] SELF or others. "Likelihood to result in serious
harm" as used in this article shall mean:
1. substantial risk of physical harm to [himself] SELF as manifested
by threats of or attempts at suicide or serious bodily harm or other
conduct demonstrating that [he is] THEY ARE dangerous to [himself] THEM-
SELF, or
2. a substantial risk of physical harm to other persons as manifested
by homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm.
The director shall cause to be entered upon the hospital records the
name of the person or persons, if any, who have brought such person to
the hospital and the details of the circumstances leading to the hospi-
talization of such person.
The director shall admit such person pursuant to the provisions of
this section only if a [staff] physician OR QUALIFIED CLINICAL EXAMINER
ON THE STAFF of the hospital upon examination of such person finds that
such person qualifies under the requirements of this section. Such
S. 9954 8
person shall not be retained for a period of more than forty-eight hours
unless within such period such finding is confirmed after examination by
another physician OR QUALIFIED CLINICAL EXAMINER who shall be a member
of the psychiatric staff of the hospital. Such person shall be served,
at the time of admission, with written notice of [his] SUCH PERSON'S
status and rights as a patient under this section. Such notice shall
contain the patient's name. At the same time, such notice shall also be
given to the mental hygiene legal service and personally or by mail to
such person or persons, not to exceed three in number, as may be desig-
nated in writing to receive such notice by the person alleged to be
mentally ill. If at any time after admission, the patient, any relative,
friend, or the mental hygiene legal service gives notice to the director
in writing of request for court hearing on the question of need for
immediate observation, care, and treatment, a hearing shall be held as
herein provided as soon as practicable but in any event not more than
five days after such request is received, except that the commencement
of such hearing may be adjourned at the request of the patient. It shall
be the duty of the director upon receiving notice of such request for
hearing to forward forthwith a copy of such notice with a record of the
patient to the supreme court or county court in the county where such
hospital is located. A copy of such notice and record shall also be
given the mental hygiene legal service. The court [which] THAT receives
such notice shall fix the date of such hearing and cause the patient or
other person requesting the hearing, the director, the mental hygiene
legal service and such other persons as the court may determine to be
advised of such date. Upon such date, or upon such other date to which
the proceeding may be adjourned, the court shall hear testimony and
examine the person alleged to be mentally ill, if it be deemed advisable
in or out of court, and shall render a decision in writing that there is
reasonable cause to believe that the patient has a mental illness for
which immediate inpatient care and treatment in a hospital is appropri-
ate and [which] THAT is likely to result in serious harm to [himself]
SELF or others. If it be determined that there is such reasonable cause,
the court shall forthwith issue an order authorizing the retention of
such patient for any such purpose or purposes in the hospital for a
period not to exceed fifteen days from the date of admission. Any such
order entered by the court shall not be deemed to be an adjudication
that the patient is mentally ill, but only a determination that there is
reasonable cause to retain the patient for the purposes of this section.
(b) Within fifteen days of arrival at the hospital, if a determination
is made that the person is not in need of involuntary care and treat-
ment, [he] SUCH PERSON shall be discharged unless [he] SUCH PERSON
agrees to remain as a voluntary or informal patient. If [he] SUCH PERSON
is in need of involuntary care and treatment and does not agree to
remain as a voluntary or informal patient, [he] SUCH PERSON may be
retained beyond such fifteen day period only by admission to such hospi-
tal or another appropriate hospital pursuant to the provisions governing
involuntary admission on application supported by [medical] CLINICAL
certification and subject to the provisions for notice, hearing, review,
and judicial approval of retention or transfer and retention governing
such admissions, provided that, for the purposes of such provisions, the
date of admission of the patient shall be deemed to be the date when the
patient was first received under this section. If a hearing has been
requested pursuant to the provisions of subdivision (a) OF THIS SECTION,
the filing of an application for involuntary admission on [medical]
S. 9954 9
CLINICAL certification shall not delay or prevent the holding of the
hearing.
(c) If a person is examined and determined to be mentally ill the fact
that such person suffers from alcohol or substance abuse shall not
preclude commitment under this section.
§ 10. Subdivisions (a-1), (b) and (c) of section 9.40 of the mental
hygiene law, subdivision (a-1) as added and subdivision (b) as amended
by section 2 of part PPP of chapter 58 of the laws of 2020, and subdi-
vision (c) as added by chapter 723 of the laws of 1989, are amended to
read as follows:
(a-1) The director shall cause triage and referral services to be
provided by a psychiatric nurse practitioner or physician of the program
as soon as such person is received into the comprehensive psychiatric
emergency program. After receiving triage and referral services, such
person shall be appropriately treated and discharged, or referred for
further crisis intervention services including an examination by a
physician OR QUALIFIED CLINICAL EXAMINER as described in subdivision (b)
of this section.
(b) The director shall cause examination of such persons not
discharged after the provision of triage and referral services to be
initiated by a [staff] physician OR QUALIFIED CLINICAL EXAMINER ON THE
STAFF of the program as soon as practicable and in any event within six
hours after the person is received into the program's emergency room.
Such person may be retained for observation, care and treatment and
further examination for up to twenty-four hours if, at the conclusion of
such examination, such physician OR QUALIFIED CLINICAL EXAMINER deter-
mines that such person may have a mental illness for which immediate
observation, care and treatment in a comprehensive psychiatric emergency
program is appropriate, and [which] THAT is likely to result in serious
harm to [the person] SELF or others.
(c) No person shall be involuntarily retained in accordance with this
section for more than twenty-four hours, unless (i) within that time the
determination of the examining staff physician OR QUALIFIED CLINICAL
EXAMINER has been confirmed after examination by another physician OR
QUALIFIED CLINICAL EXAMINER who is a member of the psychiatric staff of
the program and (ii) the person is admitted to an extended observation
bed, as such term is defined in section 31.27 of this chapter. At the
time of admission to an extended observation bed, such person shall be
served with written notice of [his] THEIR status and rights as a patient
under this section. Such notice shall contain the patient's name. The
notice shall be provided to the same persons and in the manner as if
provided pursuant to subdivision (a) of section 9.39 of this article.
Written requests for court hearings on the question of need for immedi-
ate observation, care and treatment shall be made, and court hearings
shall be scheduled and held, in the manner provided pursuant to subdivi-
sion (a) of section 9.39 of this article, provided however, if a person
is removed or admitted to a hospital pursuant to subdivision (e) or (f)
of this section the director of such hospital shall be substituted for
the director of the comprehensive psychiatric emergency program in all
legal proceedings regarding the continued retention of the person.
§ 11. Paragraph 3 of subdivision (b) of section 9.47 of the mental
hygiene law, as amended by chapter 158 of the laws of 2005, is amended
to read as follows:
(3) filing of petitions for assisted outpatient treatment pursuant to
[paragraph] SUBPARAGRAPH (vii) OF PARAGRAPH ONE of subdivision (e) of
S. 9954 10
section 9.60 of this article, and documenting the petition filing date
and the date of the court order;
§ 12. Section 9.55 of the mental hygiene law, as amended by chapter
598 of the laws of 1994, is amended to read as follows:
§ 9.55 Emergency admissions for immediate observation, care and treat-
ment; powers of qualified psychiatrists AND QUALIFIED CLINICAL
EXAMINER.
A qualified psychiatrist OR QUALIFIED CLINICAL EXAMINER shall have the
power to direct the removal of any person[,] whose treatment for a
mental illness [he or she is] THEY ARE either supervising or providing
in a facility licensed or operated by the office of mental health
[which] THAT does not have an inpatient psychiatric service, to a hospi-
tal approved by the commissioner pursuant to subdivision (a) of section
9.39 of this article or to a comprehensive psychiatric emergency
program, if [he or she determines] THEY DETERMINE upon examination of
such person that such person appears to have a mental illness for which
immediate observation, care and treatment in a hospital is appropriate
and [which] THAT is likely to result in serious harm to [himself or
herself] SELF or others. Upon the [request] DIRECTIVE of such qualified
psychiatrist OR QUALIFIED CLINICAL EXAMINER, peace officers, when acting
pursuant to their special duties, or police officers, who are members of
an authorized police department or force or of a sheriff's department
shall take into custody and transport any such person. Upon the request
of a qualified psychiatrist OR QUALIFIED CLINICAL EXAMINER, an ambulance
service, as defined by subdivision two of section three thousand one of
the public health law, is authorized to transport any such person. Such
person may then be admitted to a hospital in accordance with the
provisions of section 9.39 of this article or to a comprehensive psychi-
atric emergency program in accordance with the provisions of section
9.40 of this article.
§ 12-a. Section 9.55 of the mental hygiene law, as amended by chapter
847 of the laws of 1987, is amended to read as follows:
§ 9.55 Emergency admissions for immediate observation, care and treat-
ment; powers of qualified psychiatrists AND QUALIFIED CLINICAL
EXAMINER.
A qualified psychiatrist OR QUALIFIED CLINICAL EXAMINER shall have the
power to direct the removal of any person[,] whose treatment for a
mental illness [he is] THEY ARE either supervising or providing in a
facility licensed or operated by the office of mental health [which]
THAT does not have an inpatient psychiatric service, to a hospital
approved by the commissioner pursuant to subdivision (a) of section 9.39
of this article, if [he determines] THEY DETERMINE upon examination of
such person that such person appears to have a mental illness for which
immediate observation, care and treatment in a hospital is appropriate
and [which] THAT is likely to result in serious harm to [himself] SELF
or others, as defined in section 9.39 of this article. Upon the
[request] DIRECTIVE of such qualified psychiatrist OR QUALIFIED CLINICAL
EXAMINER, peace officers, when acting pursuant to their special duties,
or police officers, who are members of an authorized police department
or force or of a sheriff's department shall take into custody and trans-
port any such person. Upon the request of a qualified psychiatrist OR
QUALIFIED CLINICAL EXAMINER, an ambulance service, as defined by subdi-
vision two of section three thousand one of the public health law, is
authorized to transport any such person. Such person may then be admit-
ted in accordance with the provisions of section 9.39 of this article.
S. 9954 11
§ 13. The mental hygiene law is amended by adding a new section 9.56
to read as follows:
§ 9.56. TRANSPORT FOR EVALUATION; POWERS OF SPECIALIZED STAFF OF ADULT
CARE FACILITIES.
(A) A PHYSICIAN OR QUALIFIED MENTAL HEALTH PROFESSIONAL WHO HAS
COMPLETED TRAINING PURSUANT TO SUBDIVISION (C) OF THIS SECTION AND IS
EMPLOYED AS A CLINICAL STAFF MEMBER OR CLINICAL CONTRACTOR OF AN ADULT
CARE FACILITY AS DEFINED IN SECTION TWO OF THE SOCIAL SERVICES LAW SHALL
BE AUTHORIZED TO REQUEST THAT THE DIRECTOR OF SUCH FACILITY, OR SUCH
DIRECTOR'S DESIGNEE, DIRECT THE REMOVAL OF ANY RESIDENT OF SUCH FACILITY
WHO APPEARS TO BE MENTALLY ILL AND IS ACTING IN A MANNER THAT IS LIKELY
TO RESULT IN SERIOUS HARM TO SELF OR OTHERS, TO A HOSPITAL APPROVED BY
THE COMMISSIONER PURSUANT TO SUBDIVISION (A) OF SECTION 9.39 OR SECTION
31.27 OF THIS CHAPTER OR, WHERE SUCH PHYSICIAN OR QUALIFIED MENTAL
HEALTH PROFESSIONAL DEEMS APPROPRIATE AND THE PERSON VOLUNTARILY AGREES,
TO A CRISIS STABILIZATION CENTER SPECIFIED IN SECTION 36.01 OF THIS
CHAPTER.
(B) A FACILITY DIRECTOR OR DIRECTOR'S DESIGNEE WHO RECEIVES A REQUEST
FROM A PHYSICIAN OR QUALIFIED MENTAL HEALTH PROFESSIONAL PURSUANT TO
SUBDIVISION (A) OF THIS SECTION MAY DIRECT PEACE OFFICERS ACTING PURSU-
ANT TO THEIR SPECIAL DUTIES, OR POLICE OFFICERS WHO ARE MEMBERS OF AN
AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF'S DEPARTMENT, TO
TAKE INTO CUSTODY AND TRANSPORT THE RESIDENT IDENTIFIED IN SUCH REQUEST.
UPON THE REQUEST OF SUCH FACILITY DIRECTOR OR DESIGNEE, AN AMBULANCE
SERVICE, AS DEFINED IN SUBDIVISION TWO OF SECTION THREE THOUSAND ONE OF
THE PUBLIC HEALTH LAW, IS AUTHORIZED TO TRANSPORT ANY SUCH PERSONS. SUCH
PERSONS MAY THEN BE EVALUATED FOR ADMISSION IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 9.27, 9.39, 9.40 OR OTHER SECTIONS OF THIS ARTI-
CLE, PROVIDED THAT SUCH TRANSPORT SHALL NOT CREATE A PRESUMPTION THAT
THE PERSON SHOULD BE INVOLUNTARILY ADMITTED TO A HOSPITAL.
(C) THE COMMISSIONER SHALL DEVELOP STANDARDS RELATING TO THE TRAINING
REQUIREMENTS OF PHYSICIANS AND MENTAL HEALTH PROFESSIONALS AUTHORIZED TO
REQUEST TRANSPORT PURSUANT TO THIS SECTION. SUCH TRAINING SHALL, AT A
MINIMUM, HELP TO ENSURE THAT CRISIS AND EMERGENCY SERVICES ARE PROVIDED
IN A MANNER THAT PROTECTS THE HEALTH AND SAFETY, AND RESPECTS THE INDI-
VIDUAL NEEDS AND RIGHTS, OF PERSONS BEING EVALUATED OR TRANSPORTED
PURSUANT TO THIS SECTION.
(D) A PERSON REMOVED TO A HOSPITAL PURSUANT TO THIS SECTION SHALL
MAINTAIN THEIR STATUS AS A RESIDENT OF THE ADULT CARE FACILITY UNTIL
ADMITTED AS A PATIENT AT SUCH HOSPITAL OR FOR TWENTY-FOUR HOURS FOLLOW-
ING SUCH PERSON'S RELEASE UPON A DETERMINATION BY A PHYSICIAN OR QUALI-
FIED CLINICAL EXAMINER AT SUCH HOSPITAL TO NOT ADMIT THE PERSON AS A
PATIENT; PROVIDED THAT THIS SECTION SHALL NOT PREVENT THE ADULT CARE
FACILITY FROM CONTINUING SUCH PERSON'S RESIDENCY STATUS FOR A LONGER
PERIOD AT THE DISCRETION OF THE FACILITY DIRECTOR OR AS THE FACILITY MAY
OTHERWISE BE OBLIGATED. ANY PERSONAL PROPERTY OF SUCH PERSON LOCATED AT
THE FACILITY AT THE TIME OF REMOVAL SHALL BE SECURELY MAINTAINED BY THE
FACILITY FOR THE DURATION OF ANY RESULTING HOSPITALIZATION OR CRISIS
STABILIZATION, UNLESS TRANSFERRED TO ANOTHER PARTY UPON SUCH PERSON'S
REQUEST.
§ 14. Section 9.57 of the mental hygiene law, as amended by chapter
598 of the laws of 1994, is amended to read as follows:
§ 9.57 Emergency admissions for immediate observation, care and treat-
ment; powers of emergency room physicians OR QUALIFIED CLINICAL
EXAMINERS.
S. 9954 12
A physician OR QUALIFIED CLINICAL EXAMINER who has examined a person
in an emergency room or provided emergency medical services at a general
hospital, as defined in article twenty-eight of the public health law,
[which] THAT does not have an inpatient psychiatric service, or a physi-
cian OR QUALIFIED CLINICAL EXAMINER who has examined a person in a
comprehensive psychiatric emergency program shall be authorized to
request that the director of the program or hospital, or the director's
designee, direct the removal of such person to a hospital approved by
the commissioner pursuant to subdivision (a) of section 9.39 of this
article or to a comprehensive psychiatric emergency program, if the
physician OR QUALIFIED CLINICAL EXAMINER determines upon examination of
such person that such person appears to have a mental illness for which
immediate care and treatment in a hospital is appropriate and [which]
THAT is likely to result in serious harm to [himself] SELF or others.
Upon the request of the physician OR QUALIFIED CLINICAL EXAMINER, the
director of the program or hospital or the director's designee[,] is
authorized to direct peace officers, when acting pursuant to their
special duties, or police officers[,] who are members of an authorized
police department or force or of a sheriff's department, to take into
custody and transport any such person. Upon the request of an emergency
room physician OR QUALIFIED CLINICAL EXAMINER or the director of the
program or hospital, or the director's designee, an ambulance service,
as defined by subdivision two of section three thousand one of the
public health law, is authorized to take into custody and transport any
such person. Such person may then be admitted to a hospital in accord-
ance with the provisions of section 9.39 of this article or to a compre-
hensive psychiatric emergency program in accordance with the provisions
of section 9.40 of this article.
§ 14-a. Section 9.57 of the mental hygiene law, as amended by chapter
847 of the laws of 1987, is amended to read as follows:
§ 9.57 Emergency admissions for immediate observation, care and treat-
ment; powers of emergency room physicians OR QUALIFIED CLINICAL
EXAMINER.
A physician OR QUALIFIED CLINICAL EXAMINER who has examined a person
in an emergency room or provided emergency medical services at a general
hospital, as defined in article twenty-eight of the public health law,
[which] THAT does not have an inpatient psychiatric service, shall be
authorized to request that the director of the hospital, or [his] THE
DIRECTOR'S designee, direct the removal of such person to a hospital
approved by the commissioner pursuant to subdivision (a) of section 9.39
of this article, if the physician OR QUALIFIED CLINICAL EXAMINER deter-
mines upon examination of such person that such person appears to have a
mental illness for which immediate care and treatment in a hospital is
appropriate and [which] THAT is likely to result in serious harm to
[himself] SELF or others, as defined in section 9.39 of this article.
Upon the request of the physician OR QUALIFIED CLINICAL EXAMINER, the
director of the hospital or [his] THE DIRECTOR'S designee, is authorized
to direct peace officers, when acting pursuant to their special duties,
or police officers[,] who are members of an authorized police department
or force or of a sheriff's department, to take into custody and trans-
port any such person. Upon the request of an emergency room physician OR
QUALIFIED CLINICAL EXAMINER, or the director of the hospital, or [his]
THE DIRECTOR'S designee, an ambulance service, as defined by subdivision
two of section three thousand one of the public health law, is author-
ized to take into custody and transport any such person. Such person may
S. 9954 13
then be admitted in accordance with the provisions of section 9.39 of
this article.
§ 15. Subdivisions (b), (c) and (d) of section 9.58 of the mental
hygiene law, as added by chapter 678 of the laws of 1994, and paragraph
2 of subdivision (d) as amended by chapter 230 of the laws of 2004, are
amended to read as follows:
(b) If the team physician [or qualified mental health professional]
determines that it is necessary to effectuate transport, [he or she]
SUCH PHYSICIAN shall direct peace officers, when acting pursuant to
their special duties, or police officers, who are members of an author-
ized police department or force or of a sheriff's department, to take
into custody and transport any persons identified in subdivision (a) of
this section. Upon the request of such physician [or qualified mental
health professional], an ambulance service, as defined in subdivision
two of section three thousand one of the public health law, is author-
ized to transport any such persons. Such persons may then be evaluated
for admission in accordance with the provisions of section 9.27, 9.39,
9.40 or other sections of this article, provided that [such admission
decisions shall be made independent of the fact that the person was
transported pursuant to the provisions of this section and, provided
further,] such transport shall not create a presumption that the person
should be involuntarily admitted to a hospital.
(c) The commissioner shall be authorized to develop standards, in
consultation with the commissioner of the division of criminal justice
services, relating to the training requirements of teams established
pursuant to this section. Such training shall, at a minimum, help to
ensure that [the provision of] crisis and emergency services are
provided in a manner [which] THAT protects the health and safety and
respects the individual needs and rights of persons being evaluated or
transported pursuant to this section.
(d) As used in this section[:
(1) "Approved], "APPROVED mobile crisis outreach team" shall mean a
team of persons operating as part of a mobile crisis outreach program
approved by the commissioner of mental health, which may include mobile
crisis outreach teams funded pursuant to section 41.55 of this chapter.
[(2) "Qualified mental health professional" shall mean a licensed
psychologist, registered professional nurse, licensed clinical social
worker or a licensed master social worker under the supervision of a
physician, psychologist or licensed clinical social worker.]
§ 16. Paragraphs 3 and 4 of subdivision (e) of section 9.60 of the
mental hygiene law, paragraph 3 as amended by chapter 158 of the laws of
2005, and paragraph 4 as amended by chapter 382 of the laws of 2015, are
amended to read as follows:
(3) The petition shall be accompanied by an affirmation or affidavit
of a physician OR QUALIFIED CLINICAL EXAMINER, who shall not be the
petitioner, stating either that:
(i) such physician OR QUALIFIED CLINICAL EXAMINER has personally exam-
ined the subject of the petition no more than ten days prior to the
submission of the petition, recommends assisted outpatient treatment for
the subject of the petition, and is willing and able to testify at the
hearing on the petition; or
(ii) no more than ten days prior to the filing of the petition, such
physician OR QUALIFIED CLINICAL EXAMINER or [his or her] THEIR designee
has made appropriate attempts but has not been successful in eliciting
the cooperation of the subject of the petition to submit to an examina-
tion, such physician OR QUALIFIED CLINICAL EXAMINER has reason to
S. 9954 14
suspect that the subject of the petition meets the criteria for assisted
outpatient treatment, and such physician OR QUALIFIED CLINICAL EXAMINER
is willing and able to examine the subject of the petition and testify
at the hearing on the petition.
(4) In counties with a population of less than eighty thousand, the
affirmation or affidavit required by paragraph three of this subdivision
may be made by a physician OR QUALIFIED CLINICAL EXAMINER who is an
employee of the office. The office is authorized to make available, at
no cost to the county, a qualified physician OR QUALIFIED CLINICAL EXAM-
INER for the purpose of making such affirmation or affidavit consistent
with the provisions of such paragraph.
§ 17. Subdivision (h) of section 9.60 of the mental hygiene law, as
amended by chapter 158 of the laws of 2005, paragraph 2 as amended by
section 2 of subpart H of part UU of chapter 56 of the laws of 2022, is
amended to read as follows:
(h) Hearing. (1) Upon receipt of the petition, the court shall fix the
date for a hearing. Such date shall be no later than three days from the
date such petition is received by the court, excluding Saturdays,
Sundays and holidays. Adjournments shall be permitted only for good
cause shown. In granting adjournments, the court shall consider the need
for further examination by a physician OR QUALIFIED CLINICAL EXAMINER or
the potential need to provide assisted outpatient treatment expeditious-
ly. The court shall cause the subject of the petition, any other person
receiving notice pursuant to subdivision (f) of this section, the peti-
tioner, the physician OR QUALIFIED CLINICAL EXAMINER whose affirmation
or affidavit accompanied the petition, and such other persons as the
court may determine, to be advised of such date. Upon such date, or upon
such other date to which the proceeding may be adjourned, the court
shall hear testimony and, if it be deemed advisable and the subject of
the petition is available, examine the subject of the petition in or out
of court. If the subject of the petition does not appear at the hearing,
and appropriate attempts to elicit the attendance of the subject have
failed, the court may conduct the hearing in the subject's absence. In
such case, the court shall set forth the factual basis for conducting
the hearing without the presence of the subject of the petition.
(2) The court shall not order assisted outpatient treatment unless an
examining physician[,] OR QUALIFIED CLINICAL EXAMINER who recommends
assisted outpatient treatment and has personally examined the subject of
the petition no more than ten days before the filing of the petition,
testifies in person or by videoconference at the hearing. Provided
however, a physician OR QUALIFIED CLINICAL EXAMINER shall only be
authorized to testify by video conference [when it has been: (i) shown
that diligent efforts have been made to attend such hearing in person
and] UPON CONSENT OF the subject of the petition [consents to the physi-
cian testifying by video conference;] or [(ii) the court orders the
physician to testify by video conference] upon a finding of good cause.
Such physician OR QUALIFIED CLINICAL EXAMINER shall state the facts and
clinical determinations which support the allegation that the subject of
the petition meets each of the criteria for assisted outpatient treat-
ment.
(3) If the subject of the petition has refused to be examined by a
physician OR QUALIFIED CLINICAL EXAMINER, the court may request the
subject to consent to an examination by a physician OR QUALIFIED CLIN-
ICAL EXAMINER appointed by the court. If the subject of the petition
does not consent and the court finds reasonable cause to believe that
the allegations in the petition are true, the court may order peace
S. 9954 15
officers, acting pursuant to their special duties, or police officers
who are members of an authorized police department or force[,] or of a
sheriff's department to take the subject of the petition into custody
and transport [him or her] THEM to a hospital for examination by a
physician OR QUALIFIED CLINICAL EXAMINER. Retention of the subject of
the petition under such order shall not exceed twenty-four hours. The
examination of the subject of the petition may be performed by the
physician OR QUALIFIED CLINICAL EXAMINER whose affirmation or affidavit
accompanied the petition pursuant to paragraph three of subdivision (e)
of this section, if such physician OR QUALIFIED CLINICAL EXAMINER is
privileged by such hospital or otherwise authorized by such hospital to
do so. If such examination is performed by another physician[, the exam-
ining physician] OR QUALIFIED CLINICAL EXAMINER, SUCH PHYSICIAN OR QUAL-
IFIED CLINICAL EXAMINER may consult with the physician OR QUALIFIED
CLINICAL EXAMINER whose affirmation or affidavit accompanied the peti-
tion as to whether the subject meets the criteria for assisted outpa-
tient treatment.
(4) A physician OR QUALIFIED CLINICAL EXAMINER who testifies pursuant
to paragraph two of this subdivision shall state[: (i)] the facts AND
CONCLUSIONS which support the allegation that the subject meets each of
the criteria for assisted outpatient treatment[, (ii)] AND that [the]
ASSISTED OUTPATIENT treatment is the least restrictive alternative[,
(iii) the recommended assisted outpatient treatment, and (iv) the
rationale for the recommended assisted outpatient treatment. If the
recommended assisted outpatient treatment includes medication, such
physician's testimony shall describe the types or classes of medication
which should be authorized, shall describe the beneficial and detri-
mental physical and mental effects of such medication, and shall recom-
mend whether such medication should be self-administered or administered
by authorized personnel].
(5) The subject of the petition shall be afforded an opportunity to
present evidence, to call witnesses on [his or her] THE SUBJECT'S
behalf, and to cross-examine adverse witnesses.
§ 18. Subdivision (n) of section 9.60 of the mental hygiene law, as
amended by chapter 1 of the laws of 2013, is amended to read as follows:
(n) Failure to comply with assisted outpatient treatment. Where in the
clinical judgment of a physician OR QUALIFIED CLINICAL EXAMINER, (i) the
assisted outpatient, has failed or refused to comply with the assisted
outpatient treatment, (ii) efforts were made to solicit compliance, and
(iii) such assisted outpatient may be in need of involuntary admission
to a hospital pursuant to section 9.27 of this article or immediate
observation, care and treatment pursuant to section 9.39 or 9.40 of this
article, such physician OR QUALIFIED CLINICAL EXAMINER may request the
appropriate director of community services, the director's designee, or
any physician OR QUALIFIED CLINICAL EXAMINER designated by the director
of community services pursuant to section 9.37 of this article, to
direct the removal of such assisted outpatient to an appropriate hospi-
tal for an examination to determine if such person has a mental illness
for which hospitalization is necessary pursuant to section 9.27, 9.39 or
9.40 of this article. Furthermore, if such assisted outpatient refuses
to take medications as required by the court order, or [he or she] SUCH
OUTPATIENT refuses to take, or fails a blood test, urinalysis, or alco-
hol or drug test as required by the court order, such physician OR QUAL-
IFIED CLINICAL EXAMINER may consider such refusal or failure when deter-
mining whether the assisted outpatient is in need of an examination to
determine whether [he or she] SUCH OUTPATIENT has a mental illness for
S. 9954 16
which hospitalization is necessary. Upon the request of such physician
OR QUALIFIED CLINICAL EXAMINER, the appropriate director, the director's
designee, or any physician OR QUALIFIED CLINICAL EXAMINER designated
pursuant to section 9.37 of this article, may direct peace officers,
acting pursuant to their special duties, or police officers who are
members of an authorized police department or force or of a sheriff's
department to take the assisted outpatient into custody and transport
[him or her] SUCH OUTPATIENT to the hospital operating the assisted
outpatient treatment program or to any hospital authorized by the direc-
tor of community services to receive such persons. Such law enforcement
officials shall carry out such directive. Upon the request of such
physician OR QUALIFIED CLINICAL EXAMINER, the appropriate director, the
director's designee, or any physician OR QUALIFIED CLINICAL EXAMINER
designated pursuant to section 9.37 of this article, an ambulance
service, as defined by subdivision two of section three thousand one of
the public health law, or an approved mobile crisis outreach team as
defined in section 9.58 of this article shall be authorized to take into
custody and transport any such person to the hospital operating the
assisted outpatient treatment program, or to any other hospital author-
ized by the appropriate director of community services to receive such
persons. Any director of community services, or designee, shall be
authorized to direct the removal of an assisted outpatient who is pres-
ent in [his or her] SUCH DIRECTOR'S county to an appropriate hospital,
in accordance with the provisions of this subdivision, based upon a
determination of the appropriate director of community services direct-
ing the removal of such assisted outpatient pursuant to this subdivi-
sion. Such person may be retained for observation, care and treatment
and further examination in the hospital for up to seventy-two hours to
permit a physician OR QUALIFIED CLINICAL EXAMINER to determine whether
such person has a mental illness and is in need of involuntary care and
treatment in a hospital pursuant to the provisions of this article. Any
continued involuntary retention in such hospital beyond the initial
seventy-two hour period shall be in accordance with the provisions of
this article relating to the involuntary admission and retention of a
person. If at any time during the seventy-two hour period the person is
determined not to meet the involuntary admission and retention
provisions of this article, and does not agree to stay in the hospital
as a voluntary or informal patient, [he or she] SUCH OUTPATIENT must be
released. Failure to comply with an order of assisted outpatient treat-
ment shall not be grounds for involuntary civil commitment or a finding
of contempt of court.
§ 19. The mental hygiene law is amended by adding a new section 9.64
to read as follows:
§ 9.64 NOTICE OF ADMISSION DETERMINATION TO COMMUNITY PROVIDER.
UPON A DETERMINATION BY A PHYSICIAN OR QUALIFIED CLINICAL EXAMINER
PURSUANT TO THE PROVISIONS OF THIS ARTICLE AS TO WHETHER A PERSON SHOULD
BE ADMITTED AS A PATIENT IN A HOSPITAL OR RECEIVED AS A PATIENT IN A
COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM, THE DIRECTOR OF SUCH HOSPI-
TAL OR PROGRAM SHALL ENSURE THAT REASONABLE EFFORTS ARE MADE TO IDENTIFY
AND PROMPTLY NOTIFY OF SUCH DETERMINATION ANY COMMUNITY PROVIDER OF
MENTAL HEALTH SERVICES THAT MAINTAINS SUCH PERSON ON ITS CASELOAD.
§ 20. Paragraph 1 of subdivision (e) of section 29.15 of the mental
hygiene law, as amended by chapter 408 of the laws of 1999, is amended
to read as follows:
1. In the case of an involuntary patient on conditional release, the
director may terminate the conditional release and order the patient to
S. 9954 17
return to the facility at any time during the period for which retention
was authorized, if, in the director's judgment, the patient needs in-pa-
tient care and treatment and the conditional release is no longer appro-
priate; provided, however, that in any such case, the director shall
cause written notice of such patient's return to be given to the mental
hygiene legal service. The director shall cause the patient to be
retained for observation, care and treatment and further examination in
a hospital for up to seventy-two hours if a physician OR QUALIFIED CLIN-
ICAL EXAMINER on the staff of the hospital determines that such person
may have a mental illness and may be in need of involuntary care and
treatment in a hospital pursuant to the provisions of article nine of
this chapter. Any continued retention in such hospital beyond the
initial seventy-two hour period shall be in accordance with the
provisions of this chapter relating to the involuntary admission and
retention of a person. If at any time during the seventy-two hour period
the person is determined not to meet the involuntary admission and
retention provisions of this chapter, and does not agree to stay in the
hospital as a voluntary or informal patient, [he or she] SUCH PERSON
must be released, either conditionally or unconditionally.
§ 21. Subdivisions (f) and (m) of section 29.15 of the mental hygiene
law, subdivision (f) as amended by chapter 135 of the laws of 1993, and
subdivision (m) as added by chapter 341 of the laws of 1980, are amended
to read as follows:
(f) The discharge or conditional release of all clients at develop-
mental centers, patients at psychiatric centers or patients at psychiat-
ric inpatient services subject to licensure by the office of mental
health shall be in accordance with a written service plan prepared by
staff familiar with the case history of the client or patient to be
discharged or conditionally released and in cooperation with appropriate
social services officials and directors of local governmental units. In
causing such plan to be prepared, the director of the facility shall
take steps to assure that the following persons are interviewed,
provided an opportunity to actively participate in the development of
such plan and advised of whatever services might be available to the
patient through the mental hygiene legal service: the patient to be
discharged or conditionally released; A REPRESENTATIVE OF A COMMUNITY
PROVIDER OF MENTAL HEALTH SERVICES, INCLUDING A PROVIDER OF CASE MANAGE-
MENT SERVICES, THAT MAINTAINS THE PATIENT ON ITS CASELOAD; an authorized
representative of the patient, to include the parent or parents if the
patient is a minor, unless such minor sixteen years of age or older
objects to the participation of the parent or parents and there has been
a clinical determination by a physician that the involvement of the
parent or parents is not clinically appropriate and such determination
is documented in the clinical record and there is no plan to discharge
or release the minor to the home of such parent or parents; and upon the
request of the patient sixteen years of age or older, [a significant] AN
individual SIGNIFICANT to the patient including any relative, close
friend or individual otherwise concerned with the welfare of the
patient, other than an employee of the facility.
(m) It shall be the responsibility of the chief administrator of any
facility providing inpatient services subject to licensure by the office
of mental health to notify[, when appropriate, the local social services
commissioner and appropriate state and local mental health represen-
tatives] THE FOLLOWING PERSONS when an inpatient is about to be
discharged or conditionally released and to provide to such [officials]
PERSONS the written service plan developed for such inpatient as
S. 9954 18
required under subdivision (f) of this section: A REPRESENTATIVE OF A
COMMUNITY PROVIDER OF MENTAL HEALTH SERVICES, INCLUDING A PROVIDER OF
CASE MANAGEMENT SERVICES, THAT MAINTAINS THE PATIENT ON ITS CASELOAD; A
REPRESENTATIVE OF AN ADULT CARE FACILITY IN WHICH THE PATIENT RESIDED AT
THE TIME OF THE PATIENT'S ADMISSION; AND, WHEN APPROPRIATE, THE LOCAL
SOCIAL SERVICES COMMISSIONER AND APPROPRIATE STATE AND LOCAL MENTAL
HEALTH REPRESENTATIVES.
§ 22. Subdivision (b) of section 41.09 of the mental hygiene law, as
amended by chapter 588 of the laws of 1973, and as renumbered by chapter
978 of the laws of 1977, is amended to read as follows:
(b) Each director shall be a psychiatrist or other professional person
who meets standards set by the commissioner for the position. If the
director is not a physician OR QUALIFIED CLINICAL EXAMINER AS DEFINED IN
ARTICLE NINE OF THIS CHAPTER, [he] THE DIRECTOR shall not have the power
to conduct examinations authorized to be conducted by an examining
physician OR QUALIFIED CLINICAL EXAMINER or by a director of community
services pursuant to this chapter but [he] shall designate an examining
physician OR QUALIFIED CLINICAL EXAMINER who shall be empowered to
conduct such examinations on behalf of such director. A director need
not reside in the area to be served. The director shall be a full-time
employee except in cases where the commissioner has expressly waived the
requirement.
§ 23. This act shall take effect immediately; provided, however, that:
a. the amendments to subdivision (a) of section 9.37 of the mental
hygiene law made by section eight of this act shall be subject to the
expiration and reversion of such subdivision pursuant to section 21 of
chapter 723 of the laws of 1989, when upon such date the provisions of
section seven-a shall take effect;
b. the amendments to section 9.40 of the mental hygiene law made by
section ten of this act shall not affect the repeal of such section and
shall be deemed repealed therewith;
c. the amendments to paragraph 3 of subdivision (b) of section 9.47 of
the mental hygiene law made by section eleven of this act shall not
affect the repeal of such subdivision and shall be deemed repealed ther-
ewith;
d. the amendments to sections 9.55 and 9.57 of the mental hygiene law
made by sections twelve and fourteen of this act shall be subject to the
expiration and reversion of such section pursuant to section 21 of chap-
ter 723 of the laws of 1989, as amended, when upon such date the
provisions of sections twelve-a and fourteen-a of this act shall take
effect;
e. the amendments to section 9.60 of the mental hygiene law made by
sections sixteen, seventeen and eighteen of this act shall not affect
the repeal of such section and shall be deemed repealed therewith; and
f. the amendments to paragraph 1 of subdivision (e) of section 29.15
of the mental hygiene law made by section twenty of this act shall not
affect the expiration of such section pursuant to section 18 of chapter
408 of the laws of 1999, as amended and shall expire and be deemed
repealed therewith.
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