Senate Bill S10218

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10218
 
                             I N  S E N A T E
 
                                May 6, 2026
                                ___________
 
 Introduced  by Sen. BOTTCHER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 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 is amended by adding 2 new
 subdivisions (h) and (i) to read as follows:
   (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 amended by  section  2
 of  part  EE  of  chapter  57 of the laws of 2025, is amended to read as
 follows:
 § 9.05 Examining physicians,  QUALIFIED  CLINICAL  EXAMINERS,  examining
          psychiatric nurse practitioners, and medical certificates.
   (a)  A  person  is disqualified from acting as an examining physician,
 QUALIFIED CLINICAL EXAMINER, or examining psychiatric nurse practitioner
 in the following cases:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00751-04-6
 S. 10218                            2
 
   1. if they are a relative of the person applying for the admission  or
 of the person alleged to be mentally ill.
   2.  if  they  are  a  manager,  trustee, visitor, proprietor, officer,
 director, or stockholder of the hospital in which the patient is  hospi-
 talized  or  to  which  it  is  proposed to admit such person, except as
 otherwise provided in this chapter, or if they have any pecuniary inter-
 est, 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 interest.
   3. if 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 physician, QUALIFIED CLINICAL EXAMINER,
 or psychiatric nurse practitioner is  based  and  shall  show  that  the
 condition of the person examined is such that they need involuntary care
 and  treatment  in  a hospital and such other information as the commis-
 sioner may by regulation require.
   § 4. The section heading and subdivisions (a), (d), and (e) of section
 9.27 of the mental hygiene law, the section  heading  as  renumbered  by
 chapter  978  of  the  laws  of  1977, subdivisions (a), (d), and (e) as
 amended by section 3 of part EE of chapter 57 of the laws of  2025,  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,  or  upon
 the certificates of an examining physician and a psychiatric nurse prac-
 titioner.  Such  certificates shall be accompanied by an application for
 the admission of such person. The examination may be  conducted  jointly
 but  each  certifying  practitioner OR QUALIFIED CLINICAL EXAMINER shall
 execute a separate certificate.
   (d) Before an examining  physician,  QUALIFIED  CLINICAL  EXAMINER  or
 psychiatric  nurse practitioner completes the certificate of examination
 of a person for involuntary care  and  treatment,  they  shall  consider
 alternative  forms  of  care  and  treatment  that  might be adequate to
 provide for the person's needs without requiring involuntary  hospitali-
 zation.  If  the  examining  physician,  QUALIFIED  CLINICAL EXAMINER or
 psychiatric nurse practitioner knows that the person they are  examining
 for  involuntary care and treatment has been under prior treatment, they
 shall, insofar as [possible] REASONABLE, consult with the  physician  or
 [psychologist]  QUALIFIED  MENTAL  HEALTH  PROFESSIONAL  furnishing such
 prior treatment prior to completing their 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  psychiatric
 nurse  practitioner  whose  certificate  or certificates accompanied the
 application and, if such person is found to be in  need  of  involuntary
 S. 10218                            3
 
 care  and treatment, they may be admitted thereto as a patient as herein
 provided.
   §  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.
   (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
 S. 10218                            4
 
 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.
   § 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] THEMSELF 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
 S. 10218                            5

 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-
 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] THEMSELF 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]  THE EXAMINER determines 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  seri-
 ous  harm  to  [himself] THEMSELF 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 hospi-
 tal 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,  including a statement of the
 efforts made by the director of community services to  locate  a  desig-
 nated 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.
 S. 10218                            6
 
   §  8-a.  Subdivision (a) of section 9.37 of the mental hygiene law, as
 amended by section 4 of part EE of chapter 57 of the laws  of  2025,  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 them, may receive and care for in such  hospital
 as a patient any person who, in the opinion of the director of community
 services  or  their  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 themself or
 others. "Likelihood of serious harm" shall mean:
   1. substantial risk of physical harm  to  themself  as  manifested  by
 threats  of  or  attempts  at  suicide  or  serious bodily harm or other
 conduct demonstrating that they are dangerous to themself, 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, or
   3. a substantial risk of physical harm to the person due to an inabil-
 ity or refusal, as a result of their  mental  illness,  to  provide  for
 their  own  essential  needs  such  as food, clothing, necessary medical
 care, personal safety, or shelter.
   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 they do 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  psychi-
 atric  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
 their  admission  under  this  section the retention of such patient for
 care and treatment shall be subject to the provisions for notice,  hear-
 ing,  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 admission of the patient shall be deemed to
 be the date when the patient was first received in  the  hospital  under
 this section.
   § 9. The second undesignated paragraph of subdivision (a) and subdivi-
 sion  (b) of section 9.39 of the mental hygiene law, the second undesig-
 nated paragraph of subdivision (a) as amended by section 5 of part EE of
 chapter 57 of the laws of 2025 and such section as renumbered by chapter
 978 of the laws of 1977, are amended to read as follows:
   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
 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 their 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 designated in writing
 S. 10218                            7
 
 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 observa-
 tion, 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  to  the
 mental hygiene legal service. The court which 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 immedi-
 ate inpatient care and  treatment  in  a  hospital  is  appropriate  and
 [which]  THAT is likely to result in serious harm to themself 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]
 CLINICAL certification shall not delay or prevent  the  holding  of  the
 hearing.
   §  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
 S. 10218                            8

 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] THEMSELF 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
 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] THE QUALIFIED PSYCHIATRIST OR QUALIFIED CLIN-
 ICAL  EXAMINER is 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 commission-
 er pursuant to subdivision (a) of section 9.39 of this article or  to  a
 S. 10218                            9
 
 comprehensive  psychiatric  emergency program, if [he or she] THE QUALI-
 FIED PSYCHIATRIST OR QUALIFIED CLINICAL EXAMINER determines  upon  exam-
 ination 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] THEMSELF or others. Upon the [request] DIRECTIVE of
 such  qualified psychiatrist OR QUALIFIED CLINICAL EXAMINER, peace offi-
 cers, 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 CLIN-
 ICAL 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  hospi-
 tal in accordance with the provisions of section 9.39 of this article or
 to  a comprehensive psychiatric 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] THE QUALIFIED  PSYCHIATRIST  OR  QUALIFIED  CLINICAL
 EXAMINER  is  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 commission-
 er  pursuant to subdivision (a) of section 9.39 of this article, if [he]
 THE QUALIFIED PSYCHIATRIST OR  QUALIFIED  CLINICAL  EXAMINER  determines
 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] THEMSELF 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  author-
 ized  police department or force or of a sheriff's department shall take
 into custody and transport any such person. Upon the request of a quali-
 fied 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 in accordance with the provisions of section
 9.39 of this article.
   §  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  SHELTER
           FOR ADULTS 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 A SHELTER
 FOR ADULTS 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 THEMSELF OR OTHERS, TO A HOSPITAL
 S. 10218                           10
 
 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 SHELTER FOR  ADULTS  FACILITY
 UNTIL  ADMITTED  AS  A PATIENT AT SUCH HOSPITAL OR FOR TWENTY-FOUR HOURS
 FOLLOWING SUCH PERSON'S RELEASE UPON A DETERMINATION BY A  PHYSICIAN  OR
 QUALIFIED  CLINICAL EXAMINER AT SUCH HOSPITAL TO NOT ADMIT THE PERSON AS
 A PATIENT; PROVIDED THAT THIS SECTION SHALL NOT PREVENT THE SHELTER  FOR
 ADULTS  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 HOSPITALI-
 ZATION 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.
   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]
 S. 10218                           11
 
 THAT  is  likely  to  result  in  serious  harm to [himself] THEMSELF 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
 accordance  with  the provisions of section 9.39 of this article or to a
 comprehensive 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]  THEMSELF  or others, as defined in section 9.39 of this arti-
 cle. 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 transport 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  authorized to take into custody and transport any such
 person. Such  person  may  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
 S. 10218                           12
 
 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 article, provided that [such admission deci-
 sions shall be made independent of the fact that the person  was  trans-
 ported  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
 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
 S. 10218                           13
 
 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
 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] THE SUBJECT OF THE PETITION 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 affirma-
 tion  or  affidavit accompanied the petition pursuant to paragraph three
 of subdivision (e) of this section, if such physician OR QUALIFIED CLIN-
 ICAL EXAMINER is privileged by such hospital or otherwise authorized  by
 such  hospital  to  do  so.  If such examination is performed by another
 physician[, the examining physician]  OR  QUALIFIED  CLINICAL  EXAMINER,
 S. 10218                           14
 
 SUCH  PHYSICIAN  OR  QUALIFIED  CLINICAL  EXAMINER  may consult with the
 physician OR QUALIFIED CLINICAL EXAMINER whose affirmation or  affidavit
 accompanied  the  petition  as to whether the subject meets the criteria
 for assisted outpatient 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
 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
 S. 10218                           15
 
 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. 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
 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.
   §  19-a. Paragraph 1 of subdivision (e) of section 29.15 of the mental
 hygiene law, as amended by chapter 789 of the laws of 1985,  is  amended
 to read as follows:
 S. 10218                           16
 
   1. In the case of an involuntary patient on conditional  release,  the
 director  may terminate the conditional release and order the patient to
 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. If, at any time prior to the expiration of thirty
 days  from  the  date of return to the facility, [he] THE 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 the
 suitability of such patient's return to the facility, a hearing shall be
 held pursuant to the provisions of this chapter relating to the involun-
 tary admission of a person.
   § 20. Subdivision (m) of section 29.15 of the mental hygiene  law,  as
 added by chapter 341 of the laws of 1980, is amended to read as follows:
   (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
 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  A  SHELTER  FOR ADULTS 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.
   § 21. 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.
   § 22. 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, as amended, when upon such date the
 provisions of section eight-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
 S. 10218                           17
 
 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 sections  pursuant  to  section  21  of
 chapter  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 nineteen of this act shall  be
 subject  to  the  expiration  and revision of such paragraph pursuant to
 section 18 of chapter 408 of the laws of 1999,  as  amended,  when  upon
 such date the provisions of section 19-a shall take effect.