Bill Text: NY S00254 | 2025-2026 | General Assembly | Introduced
Bill Title: Relates to the hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness by qualified clinical examiners or qualified mental health professionals; defines qualified clinical examiner and qualified mental health professional.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-08 - REFERRED TO MENTAL HEALTH [S00254 Detail]
Download: New_York-2025-S00254-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 254 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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: 1 Section 1. This act shall be known and may be cited as the "Harness 2 Expertise of Licensed Professionals Act" or the "H.E.L.P." act. 3 § 2. Section 9.01 of the mental hygiene law, as amended by chapter 723 4 of the laws of 1989, the seventh undesignated paragraph as amended by 5 chapter 595 of the laws of 2000, is amended to read as follows: 6 § 9.01 Definitions. 7 As used in this article: 8 (a) "in need of care and treatment" means that a person has a mental 9 illness for which in-patient care and treatment in a hospital is appro- 10 priate. 11 (b) "in need of involuntary care and treatment" means that a person 12 has a mental illness for which care and treatment as a patient in a 13 hospital is essential to such person's welfare and whose judgment is so 14 impaired that [he] such person is unable to understand the need for such 15 care and treatment. 16 (c) "likelihood to result in serious harm" or "likely to result in 17 serious harm" means [(a)] (i) a substantial risk of physical harm to the 18 person as manifested by threats of or attempts at suicide or serious 19 bodily harm or other conduct demonstrating that the person is dangerous 20 to [himself or herself] themself, or [(b)] (ii) a substantial risk of 21 physical harm to other persons as manifested by homicidal or other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00751-01-5S. 254 2 1 violent behavior by which others are placed in reasonable fear of seri- 2 ous physical harm. 3 (d) "need for retention" means that a person who has been admitted to 4 a hospital pursuant to this article is in need of involuntary care and 5 treatment in a hospital for a further period. 6 (e) "record" of a patient shall consist of admission, transfer or 7 retention papers and orders, and accompanying data required by this 8 article and by the regulations of the commissioner. 9 (f) "director of community services" means the director of community 10 services for the mentally disabled appointed pursuant to article forty- 11 one of this chapter. 12 (g) "qualified psychiatrist" means a physician licensed to practice 13 medicine in New York state who: [(a)] (i) is a diplomate of the American 14 board of psychiatry and neurology or is eligible to be certified by that 15 board; or [(b)] (ii) is certified by the American osteopathic board of 16 neurology and psychiatry or is eligible to be certified by that board. 17 (h) "qualified clinical examiner" means a psychiatric nurse practi- 18 tioner certified by the department of education, a psychologist licensed 19 pursuant to article one hundred fifty-three of the education law, or a 20 clinical social worker licensed pursuant to article one hundred fifty- 21 four of the education law. 22 (i) "qualified mental health professional" means a qualified clinical 23 examiner, a professional nurse registered pursuant to article one 24 hundred thirty-nine of the education law, or any of the following work- 25 ing under the supervision of a physician or qualified clinical examiner: 26 a master social worker licensed pursuant to article one hundred fifty- 27 four of the education law, a mental health counselor licensed pursuant 28 to article one hundred sixty-three of the education law, or a marriage 29 and family therapist licensed pursuant to article one hundred sixty- 30 three of the education law. 31 § 3. Section 9.05 of the mental hygiene law, as renumbered by chapter 32 978 of the laws of 1977, is amended to read as follows: 33 § 9.05 Examining physicians, qualified clinical examiners, and medical 34 certificates. 35 (a) A person is disqualified from acting as an examining physician or 36 qualified clinical examiner in the following cases: 37 1. if [he] such person is a relative of the person applying for the 38 admission or of the person alleged to be mentally ill. 39 2. if [he] such person is a manager, trustee, visitor, proprietor, 40 officer, director, or stockholder of the hospital in which the patient 41 is hospitalized or to which it is proposed to admit such person, except 42 as otherwise provided in this chapter, or if [he has any pecuniary43interest, directly or indirectly, in such hospital, provided that44receipt of fees, privileges, or compensation for treating or examining45patients in such hospital shall not be deemed to be a pecuniary inter-46est.473. if he] such person is on the staff of a proprietary facility to 48 which it is proposed to admit such person. 49 (b) A certificate, as required by this article, must show that the 50 person is mentally ill and shall be based on an examination of the 51 person alleged to be mentally ill made within ten days prior to the date 52 of admission. The date of the certificate shall be the date of such 53 examination. All certificates shall contain the facts and circumstances 54 upon which the judgment of the physicians or qualified clinical examin- 55 ers is based and shall show that the condition of the person examined is 56 such that [he] the examined person needs involuntary care and treatmentS. 254 3 1 in a hospital and such other information as the commissioner may by 2 regulation require. 3 § 4. The section heading and subdivisions (a), (d), (e) and (i) of 4 section 9.27 of the mental hygiene law, as renumbered by chapter 978 of 5 the laws of 1977, subdivision (i) as amended by chapter 847 of the laws 6 of 1987, are amended to read as follows: 7 Involuntary admission on [medical] clinical certification. 8 (a) The director of a hospital may receive and retain therein as a 9 patient any person alleged to be mentally ill and in need of involuntary 10 care and treatment upon the certificates of two examining physicians, 11 two examining qualified clinical examiners or a combination of an exam- 12 ining physician and an examining qualified clinical examiner, accompa- 13 nied by an application for the admission of such person. The examination 14 may be conducted jointly but each examining physician or qualified clin- 15 ical examiner shall execute a separate certificate. 16 (d) Before an examining physician or qualified clinical examiner 17 completes the certificate of examination of a person for involuntary 18 care and treatment, [he] the physician or qualified clinical examiner 19 shall consider alternative forms of care and treatment that might be 20 adequate to provide for the person's needs without requiring involuntary 21 hospitalization. If the examining physician or qualified clinical exam- 22 iner knows that the person [he is] they are examining for involuntary 23 care and treatment has been under prior treatment, [he] they shall, 24 insofar as [possible] reasonable, consult with the physician or 25 [psychologist] qualified mental health professional furnishing such 26 prior treatment prior to completing [his] the certificate. Nothing in 27 this section shall prohibit or invalidate any involuntary admission made 28 in accordance with the provisions of this chapter. 29 (e) The director of the hospital where such person is brought shall 30 cause such person to be examined forthwith by a physician or qualified 31 clinical examiner who shall be a member of the psychiatric staff of such 32 hospital other than the original examining physicians or qualified clin- 33 ical examiner whose certificate or certificates accompanied the applica- 34 tion, and[,] if such person is found to be in need of involuntary care 35 and treatment, [he] such person may be admitted thereto as a patient as 36 herein provided. 37 (i) After an application for the admission of a person has been 38 completed and both physicians or qualified clinical examiners have exam- 39 ined such person and separately certified that [he or she] the examined 40 person is mentally ill and in need of involuntary care and treatment in 41 a hospital, either physician or qualified clinical examiner is author- 42 ized to request peace officers, when acting pursuant to their special 43 duties, or police officers[,] who are members of an authorized police 44 department or force or of a sheriff's department, to take into custody 45 and transport such person to a hospital for determination by the direc- 46 tor whether such person qualifies for admission pursuant to this 47 section. Upon the request of either physician or qualified clinical 48 examiner, an ambulance service, as defined by subdivision two of section 49 three thousand one of the public health law, is authorized to transport 50 such person to a hospital for determination by the director whether such 51 person qualifies for admission pursuant to this section. 52 § 5. Section 9.29 of the mental hygiene law, as renumbered by chapter 53 978 of the laws of 1977 and subdivision (a) as amended by chapter 789 of 54 the laws of 1985, is amended to read as follows: 55 § 9.29 Involuntary admission on [medical] clinical certification; notice 56 of admission to patients and others.S. 254 4 1 (a) The director shall cause written notice of a person's involuntary 2 admission on an application supported by [medical] clinical certif- 3 ication to be given forthwith to the mental hygiene legal service. 4 (b) The director shall cause written notice of the admission of such 5 person, including such person's rights under this article, to be given 6 personally or by mail not later than five days, excluding Sunday and 7 holidays, after such admission to the following: 8 1. the nearest relative of the person alleged to be mentally ill, 9 other than the applicant, if there be any such person known to the 10 director. 11 2. as many as three additional persons, if designated in writing to 12 receive such notice by the person so admitted. 13 § 6. The section heading and subdivision (a) of section 9.31 of the 14 mental hygiene law, as renumbered by chapter 978 of the laws of 1977 and 15 subdivision (a) as amended by chapter 789 of the laws of 1985, are 16 amended to read as follows: 17 Involuntary admission on [medical] clinical certification; patient's 18 right to a hearing. 19 (a) If, at any time prior to the expiration of sixty days from the 20 date of involuntary admission of a patient on an application supported 21 by [medical] clinical certification, [he] such patient or any relative 22 or friend or the mental hygiene legal service gives notice in writing to 23 the director of request for hearing on the question of need for involun- 24 tary care and treatment, a hearing shall be held as herein provided. The 25 patient or person requesting a hearing on behalf of the patient may 26 designate the county where the hearing shall be held, which shall be 27 either in the county where the hospital is located, the county of the 28 patient's residence, or the county in which the hospital to which the 29 patient was first admitted is located. Such hearing shall be held in the 30 county so designated, subject to application by any interested party, 31 including the director, for change of venue to any other county because 32 of the convenience of parties or witnesses or the condition of the 33 patient upon notice to the persons required to be served with notice of 34 the patient's initial admission. 35 § 7. Subdivision (a) of section 9.33 of the mental hygiene law, as 36 amended by chapter 789 of the laws of 1985, is amended to read as 37 follows: 38 (a) If the director shall determine that a patient admitted upon an 39 application supported by [medical] clinical certification, for whom 40 there is no court order authorizing retention for a specified period, is 41 in need of retention and if such patient does not agree to remain in 42 such hospital as a voluntary patient, the director shall apply to the 43 supreme court or the county court in the county where the hospital is 44 located for an order authorizing continued retention. Such application 45 shall be made no later than sixty days from the date of involuntary 46 admission on application supported by [medical] clinical certification 47 or thirty days from the date of an order denying an application for 48 patient's release pursuant to section 9.31 of this article, whichever is 49 later; and the hospital is authorized to retain the patient for such 50 further period during which the hospital is authorized to make such 51 application or during which the application may be pending. The director 52 shall cause written notice of such application to be given the patient 53 and a copy thereof shall be given personally or by mail to the persons 54 required by this article to be served with notice of such patient's 55 initial admission and to the mental hygiene legal service. Such notice 56 shall state that a hearing may be requested and that failure to makeS. 254 5 1 such a request within five days, excluding Sunday and holidays, from the 2 date that the notice was given to the patient will permit the entry 3 without a hearing of an order authorizing retention. 4 § 8. Section 9.37 of the mental hygiene law, as renumbered by chapter 5 978 of the laws of 1977, subdivision (a) as amended by chapter 723 of 6 the laws of 1989, subdivision (c) as amended by chapter 230 of the laws 7 of 2004, subdivision (d) as amended by chapter 357 of the laws of 1991 8 and relettered by chapter 343 of the laws of 1996, subdivisions (e) and 9 (f) as relettered by chapter 343 of the laws of 1996, and subdivision 10 (g) as added by chapter 978 of the laws of 1977 and relettered by chap- 11 ter 343 of the laws of 1996, is amended to read as follows: 12 § 9.37 Involuntary admission on certificate of a director of community 13 services or [his] the director's designee. 14 (a) The director of a hospital, upon application by a director of 15 community services or an examining physician or qualified clinical exam- 16 iner duly designated by [him or her] such director, may receive and care 17 for in such hospital as a patient any person who, in the opinion of the 18 director of community services or the director's designee, has a mental 19 illness for which immediate inpatient care and treatment in a hospital 20 is appropriate and which, without treatment, is likely to result in 21 serious harm to [himself or herself] themself or others. 22 The need for immediate hospitalization shall be confirmed by a [staff] 23 physician or qualified clinical examiner on the staff of the hospital 24 prior to admission. Within seventy-two hours, excluding Sunday and holi- 25 days, after such admission, if such patient is to be retained for care 26 and treatment beyond such time and [he or she] the patient does not 27 agree to remain in such hospital as a voluntary patient, the certificate 28 of another examining physician or qualified clinical examiner who is a 29 member of the psychiatric staff of the hospital that the patient is in 30 need of involuntary care and treatment shall be filed with the hospital. 31 From the time of [his or her] the patient's admission under this section 32 the retention of such patient for care and treatment shall be subject to 33 the provisions for notice, hearing, review, and judicial approval of 34 continued retention or transfer and continued retention provided by this 35 article for the admission and retention of involuntary patients, 36 provided that, for the purposes of such provisions, the date of admis- 37 sion of the patient shall be deemed to be the date when the patient was 38 first received in the hospital under this section. 39 (b) The application for admission of a patient pursuant to this 40 section shall be based upon a personal examination by a director of 41 community services or [his] the director's designee. It shall be in 42 writing and shall be filed with the director of such hospital at the 43 time of the patient's reception, together with a statement in a form 44 prescribed by the commissioner giving such information as [he] the 45 commissioner may deem appropriate. 46 (c) Notwithstanding the provisions of subdivision (b) of [this] 47 section 41.09 of this chapter, in counties with a population of less 48 than two hundred thousand, a director of community services [who is a49licensed psychologist pursuant to article one hundred fifty-three of the50education law or a licensed clinical social worker pursuant to article51one hundred fifty-four of the education law but] who is not a physician 52 or qualified clinical examiner may apply for the admission of a patient 53 pursuant to this section without [a medical] an examination by a desig- 54 nated physician or qualified clinical examiner, if a hospital approved 55 by the commissioner pursuant to section 9.39 of this article is not 56 located within thirty miles of the patient, and the director of communi-S. 254 6 1 ty services has made a reasonable effort to locate [a designated] an 2 examining physician or qualified clinical examiner designated pursuant 3 to section 41.09 of this chapter but such [a] designee is not immediate- 4 ly available and the director of community services, after personal 5 observation of the person, reasonably believes that [he] such person may 6 have a mental illness [which] that is likely to result in serious harm 7 to [himself] self or others and inpatient care and treatment of such 8 person in a hospital may be appropriate. In the event of an application 9 pursuant to this subdivision, a physician or qualified clinical examiner 10 of the receiving hospital shall examine the patient and shall not admit 11 the patient unless [he or she] the examiner determines that the patient 12 has a mental illness for which immediate inpatient care and treatment in 13 a hospital is appropriate and [which] that is likely to result in seri- 14 ous harm to [himself] themself or others. If the patient is admitted, 15 the need for hospitalization shall be confirmed by another [staff] 16 physician or qualified clinical examiner on the staff of the hospital 17 within twenty-four hours. An application pursuant to this subdivision 18 shall be in writing and shall be filed with the director of such hospi- 19 tal at the time of the patient's reception, together with a statement in 20 a form prescribed by the commissioner giving such information as [he] 21 the commissioner may deem appropriate, including a statement of the 22 efforts made by the director of community services to locate a desig- 23 nated examining physician or qualified clinical examiner prior to making 24 an application pursuant to this subdivision. 25 (d) After signing the application, the director of community services 26 or the director's designee shall be authorized and empowered to take 27 into custody, detain, transport, and provide temporary care for any such 28 person. Upon the written [request] directive of such director or the 29 director's designee it shall be the duty of peace officers, when acting 30 pursuant to their special duties, or police officers who are members of 31 the state police or of an authorized police department or force or of a 32 sheriff's department to take into custody and transport any such person 33 as requested and directed by such director or designee. Upon the written 34 [request] directive of such director or designee, an ambulance service, 35 as defined in subdivision two of section three thousand one of the 36 public health law, is authorized to transport any such person. 37 (e) Reasonable expenses incurred by the director of community mental 38 hygiene services or [his] the director's designee for the examination 39 and temporary care of the patient and [his] such patient's transporta- 40 tion to and from the hospital shall be a charge upon the county from 41 which the patient was admitted and shall be paid from any funds avail- 42 able for such purposes. 43 (f) The provisions of this section shall not be applicable to continue 44 any patient in a hospital who has already been admitted to the hospital 45 under this or any other section of this article. 46 (g) If a person is examined and determined to be mentally ill the fact 47 that such person suffers from alcohol or substance abuse shall not 48 preclude commitment under this section. 49 § 8-a. Subdivision (a) of section 9.37 of the mental hygiene law, as 50 renumbered by chapter 978 of the laws of 1977, is amended to read as 51 follows: 52 (a) The director of a hospital, upon application by a director of 53 community services or an examining physician or qualified clinical exam- 54 iner duly designated by [him] the director, may receive and care for in 55 such hospital as a patient any person who, in the opinion of the direc- 56 tor of community services or [his] the director's designee, has a mentalS. 254 7 1 illness for which immediate inpatient care and treatment in a hospital 2 is appropriate and which, without treatment, is likely to result in 3 serious harm to [himself] self or others; "likelihood of serious harm" 4 shall mean: 5 1. substantial risk of physical harm to [himself] themself as mani- 6 fested by threats of or attempts at suicide or serious bodily harm or 7 other conduct demonstrating that [he] the patient is dangerous to 8 [himself] themself, or 9 2. a substantial risk of physical harm to other persons as manifested 10 by homicidal or other violent behavior by which others are placed in 11 reasonable fear or serious physical harm. 12 The need for immediate hospitalization shall be confirmed by a [staff] 13 physician or qualified clinical examiner on the staff of the hospital 14 prior to admission. Within seventy-two hours, excluding Sunday and holi- 15 days, after such admission, if such patient is to be retained for care 16 and treatment beyond such time and [he] the patient does not agree to 17 remain in such hospital as a voluntary patient, the certificate of 18 another examining physician or qualified clinical examiner who is a 19 member of the psychiatric staff of the hospital that the patient is in 20 need of involuntary care and treatment shall be filed with the hospital. 21 From the time of [his] the patient's admission under this section the 22 retention of such patient for care and treatment shall be subject to the 23 provisions for notice, hearing, review, and judicial approval of contin- 24 ued retention or transfer and continued retention provided by this arti- 25 cle for the admission and retention of involuntary patients, provided 26 that, for the purposes of such provisions, the date of admission of the 27 patient shall be deemed to be the date when the patient was first 28 received in the hospital under this section. 29 § 9. Section 9.39 of the mental hygiene law, as renumbered by and 30 subdivision (c) as added by chapter 978 of the laws of 1977, and subdi- 31 vision (a) as amended by chapter 789 of the laws of 1985, is amended to 32 read as follows: 33 § 9.39 Emergency admissions for immediate observation, care, and treat- 34 ment. 35 (a) The director of any hospital maintaining adequate staff and facil- 36 ities for the observation, examination, care, and treatment of persons 37 alleged to be mentally ill and approved by the commissioner to receive 38 and retain patients pursuant to this section may receive and retain 39 therein as a patient for a period of fifteen days any person alleged to 40 have a mental illness for which immediate observation, care, and treat- 41 ment in a hospital is appropriate and which is likely to result in seri- 42 ous harm to [himself] themself or others. "Likelihood to result in seri- 43 ous harm" as used in this article shall mean: 44 1. substantial risk of physical harm to [himself] themself as mani- 45 fested by threats of or attempts at suicide or serious bodily harm or 46 other conduct demonstrating that [he] the person is dangerous to 47 [himself] themself, or 48 2. a substantial risk of physical harm to other persons as manifested 49 by homicidal or other violent behavior by which others are placed in 50 reasonable fear of serious physical harm. 51 The director shall cause to be entered upon the hospital records the 52 name of the person or persons, if any, who have brought such person to 53 the hospital and the details of the circumstances leading to the hospi- 54 talization of such person. 55 The director shall admit such person pursuant to the provisions of 56 this section only if a [staff] physician or qualified clinical examinerS. 254 8 1 on the staff of the hospital upon examination of such person finds that 2 such person qualifies under the requirements of this section. Such 3 person shall not be retained for a period of more than forty-eight hours 4 unless within such period such finding is confirmed after examination by 5 another physician or qualified clinical examiner who shall be a member 6 of the psychiatric staff of the hospital. Such person shall be served, 7 at the time of admission, with written notice of [his] such person's 8 status and rights as a patient under this section. Such notice shall 9 contain the patient's name. At the same time, such notice shall also be 10 given to the mental hygiene legal service and personally or by mail to 11 such person or persons, not to exceed three in number, as may be desig- 12 nated in writing to receive such notice by the person alleged to be 13 mentally ill. If at any time after admission, the patient, any relative, 14 friend, or the mental hygiene legal service gives notice to the director 15 in writing of request for court hearing on the question of need for 16 immediate observation, care, and treatment, a hearing shall be held as 17 herein provided as soon as practicable but in any event not more than 18 five days after such request is received, except that the commencement 19 of such hearing may be adjourned at the request of the patient. It shall 20 be the duty of the director upon receiving notice of such request for 21 hearing to forward forthwith a copy of such notice with a record of the 22 patient to the supreme court or county court in the county where such 23 hospital is located. A copy of such notice and record shall also be 24 given the mental hygiene legal service. The court [which] that receives 25 such notice shall fix the date of such hearing and cause the patient or 26 other person requesting the hearing, the director, the mental hygiene 27 legal service and such other persons as the court may determine to be 28 advised of such date. Upon such date, or upon such other date to which 29 the proceeding may be adjourned, the court shall hear testimony and 30 examine the person alleged to be mentally ill, if it be deemed advisable 31 in or out of court, and shall render a decision in writing that there is 32 reasonable cause to believe that the patient has a mental illness for 33 which immediate inpatient care and treatment in a hospital is appropri- 34 ate and [which] that is likely to result in serious harm to [himself] 35 themself or others. If it be determined that there is such reasonable 36 cause, the court shall forthwith issue an order authorizing the 37 retention of such patient for any such purpose or purposes in the hospi- 38 tal for a period not to exceed fifteen days from the date of admission. 39 Any such order entered by the court shall not be deemed to be an adjudi- 40 cation that the patient is mentally ill, but only a determination that 41 there is reasonable cause to retain the patient for the purposes of this 42 section. 43 (b) Within fifteen days of arrival at the hospital, if a determination 44 is made that the person is not in need of involuntary care and treat- 45 ment, [he] such person shall be discharged unless [he] such person 46 agrees to remain as a voluntary or informal patient. If [he] such person 47 is in need of involuntary care and treatment and does not agree to 48 remain as a voluntary or informal patient, [he] such person may be 49 retained beyond such fifteen day period only by admission to such hospi- 50 tal or another appropriate hospital pursuant to the provisions governing 51 involuntary admission on application supported by [medical] clinical 52 certification and subject to the provisions for notice, hearing, review, 53 and judicial approval of retention or transfer and retention governing 54 such admissions, provided that, for the purposes of such provisions, the 55 date of admission of the patient shall be deemed to be the date when the 56 patient was first received under this section. If a hearing has beenS. 254 9 1 requested pursuant to the provisions of subdivision (a) of this section, 2 the filing of an application for involuntary admission on [medical] 3 clinical certification shall not delay or prevent the holding of the 4 hearing. 5 (c) If a person is examined and determined to be mentally ill the fact 6 that such person suffers from alcohol or substance abuse shall not 7 preclude commitment under this section. 8 § 10. Subdivisions (a-1), (b) and (c) of section 9.40 of the mental 9 hygiene law, subdivision (a-1) as added and subdivision (b) as amended 10 by section 2 of part PPP of chapter 58 of the laws of 2020, and subdi- 11 vision (c) as added by chapter 723 of the laws of 1989, are amended to 12 read as follows: 13 (a-1) The director shall cause triage and referral services to be 14 provided by a psychiatric nurse practitioner or physician of the program 15 as soon as such person is received into the comprehensive psychiatric 16 emergency program. After receiving triage and referral services, such 17 person shall be appropriately treated and discharged, or referred for 18 further crisis intervention services including an examination by a 19 physician or qualified clinical examiner as described in subdivision (b) 20 of this section. 21 (b) The director shall cause examination of such persons not 22 discharged after the provision of triage and referral services to be 23 initiated by a [staff] physician or qualified clinical examiner on the 24 staff of the program as soon as practicable and in any event within six 25 hours after the person is received into the program's emergency room. 26 Such person may be retained for observation, care and treatment and 27 further examination for up to twenty-four hours if, at the conclusion of 28 such examination, such physician or qualified clinical examiner deter- 29 mines that such person may have a mental illness for which immediate 30 observation, care and treatment in a comprehensive psychiatric emergency 31 program is appropriate, and [which] that is likely to result in serious 32 harm to [the person] self or others. 33 (c) No person shall be involuntarily retained in accordance with this 34 section for more than twenty-four hours, unless (i) within that time the 35 determination of the examining staff physician or qualified clinical 36 examiner has been confirmed after examination by another physician or 37 qualified clinical examiner who is a member of the psychiatric staff of 38 the program and (ii) the person is admitted to an extended observation 39 bed, as such term is defined in section 31.27 of this chapter. At the 40 time of admission to an extended observation bed, such person shall be 41 served with written notice of [his] their status and rights as a patient 42 under this section. Such notice shall contain the patient's name. The 43 notice shall be provided to the same persons and in the manner as if 44 provided pursuant to subdivision (a) of section 9.39 of this article. 45 Written requests for court hearings on the question of need for immedi- 46 ate observation, care and treatment shall be made, and court hearings 47 shall be scheduled and held, in the manner provided pursuant to subdivi- 48 sion (a) of section 9.39 of this article, provided however, if a person 49 is removed or admitted to a hospital pursuant to subdivision (e) or (f) 50 of this section the director of such hospital shall be substituted for 51 the director of the comprehensive psychiatric emergency program in all 52 legal proceedings regarding the continued retention of the person. 53 § 11. Paragraph 3 of subdivision (b) of section 9.47 of the mental 54 hygiene law, as amended by chapter 158 of the laws of 2005, is amended 55 to read as follows:S. 254 10 1 (3) filing of petitions for assisted outpatient treatment pursuant to 2 [paragraph] subparagraph (vii) of paragraph one of subdivision (e) of 3 section 9.60 of this article, and documenting the petition filing date 4 and the date of the court order; 5 § 12. Section 9.55 of the mental hygiene law, as amended by chapter 6 598 of the laws of 1994, is amended to read as follows: 7 § 9.55 Emergency admissions for immediate observation, care and treat- 8 ment; powers of qualified psychiatrists and qualified clinical 9 examiner. 10 A qualified psychiatrist or qualified clinical examiner shall have the 11 power to direct the removal of any person[,] whose treatment for a 12 mental illness [he or she] the qualified psychiatrist or qualified clin- 13 ical examiner is either supervising or providing in a facility licensed 14 or operated by the office of mental health [which] that does not have an 15 inpatient psychiatric service, to a hospital approved by the commission- 16 er pursuant to subdivision (a) of section 9.39 of this article or to a 17 comprehensive psychiatric emergency program, if [he or she] the quali- 18 fied psychiatrist or qualified clinical examiner determines upon exam- 19 ination of such person that such person appears to have a mental illness 20 for which immediate observation, care and treatment in a hospital is 21 appropriate and [which] that is likely to result in serious harm to 22 [himself or herself] themself or others. Upon the [request] directive of 23 such qualified psychiatrist or qualified clinical examiner, peace offi- 24 cers, when acting pursuant to their special duties, or police officers, 25 who are members of an authorized police department or force or of a 26 sheriff's department shall take into custody and transport any such 27 person. Upon the request of a qualified psychiatrist or qualified clin- 28 ical examiner, an ambulance service, as defined by subdivision two of 29 section three thousand one of the public health law, is authorized to 30 transport any such person. Such person may then be admitted to a hospi- 31 tal in accordance with the provisions of section 9.39 of this article or 32 to a comprehensive psychiatric emergency program in accordance with the 33 provisions of section 9.40 of this article. 34 § 12-a. Section 9.55 of the mental hygiene law, as amended by chapter 35 847 of the laws of 1987, is amended to read as follows: 36 § 9.55 Emergency admissions for immediate observation, care and treat- 37 ment; powers of qualified psychiatrists and qualified clinical 38 examiner. 39 A qualified psychiatrist or qualified clinical examiner shall have the 40 power to direct the removal of any person[,] whose treatment for a 41 mental illness [he] the qualified psychiatrist or qualified clinical 42 examiner is either supervising or providing in a facility licensed or 43 operated by the office of mental health [which] that does not have an 44 inpatient psychiatric service, to a hospital approved by the commission- 45 er pursuant to subdivision (a) of section 9.39 of this article, if [he] 46 the qualified psychiatrist or qualified clinical examiner determines 47 upon examination of such person that such person appears to have a 48 mental illness for which immediate observation, care and treatment in a 49 hospital is appropriate and [which] that is likely to result in serious 50 harm to [himself] themself or others, as defined in section 9.39 of this 51 article. Upon the [request] directive of such qualified psychiatrist or 52 qualified clinical examiner, peace officers, when acting pursuant to 53 their special duties, or police officers, who are members of an author- 54 ized police department or force or of a sheriff's department shall take 55 into custody and transport any such person. Upon the request of a quali- 56 fied psychiatrist or qualified clinical examiner, an ambulance service,S. 254 11 1 as defined by subdivision two of section three thousand one of the 2 public health law, is authorized to transport any such person. Such 3 person may then be admitted in accordance with the provisions of section 4 9.39 of this article. 5 § 13. The mental hygiene law is amended by adding a new section 9.56 6 to read as follows: 7 § 9.56 Transport for evaluation; powers of specialized staff of adult 8 care facilities. 9 (a) A physician or qualified mental health professional who has 10 completed training pursuant to subdivision (c) of this section and is 11 employed as a clinical staff member or clinical contractor of an adult 12 care facility as defined in section two of the social services law shall 13 be authorized to request that the director of such facility, or such 14 director's designee, direct the removal of any resident of such facility 15 who appears to be mentally ill and is acting in a manner that is likely 16 to result in serious harm to self or others, to a hospital approved by 17 the commissioner pursuant to subdivision (a) of section 9.39 or section 18 31.27 of this chapter or, where such physician or qualified mental 19 health professional deems appropriate and the person voluntarily agrees, 20 to a crisis stabilization center specified in section 36.01 of this 21 chapter. 22 (b) A facility director or director's designee who receives a request 23 from a physician or qualified mental health professional pursuant to 24 subdivision (a) of this section may direct peace officers acting pursu- 25 ant to their special duties, or police officers who are members of an 26 authorized police department or force or of a sheriff's department, to 27 take into custody and transport the resident identified in such request. 28 Upon the request of such facility director or designee, an ambulance 29 service, as defined in subdivision two of section three thousand one of 30 the public health law, is authorized to transport any such persons. Such 31 persons may then be evaluated for admission in accordance with the 32 provisions of section 9.27, 9.39, 9.40 or other sections of this arti- 33 cle, provided that such transport shall not create a presumption that 34 the person should be involuntarily admitted to a hospital. 35 (c) The commissioner shall develop standards relating to the training 36 requirements of physicians and mental health professionals authorized to 37 request transport pursuant to this section. Such training shall, at a 38 minimum, help to ensure that crisis and emergency services are provided 39 in a manner that protects the health and safety, and respects the indi- 40 vidual needs and rights, of persons being evaluated or transported 41 pursuant to this section. 42 (d) A person removed to a hospital pursuant to this section shall 43 maintain their status as a resident of the adult care facility until 44 admitted as a patient at such hospital or for twenty-four hours follow- 45 ing such person's release upon a determination by a physician or quali- 46 fied clinical examiner at such hospital to not admit the person as a 47 patient; provided that this section shall not prevent the adult care 48 facility from continuing such person's residency status for a longer 49 period at the discretion of the facility director or as the facility may 50 otherwise be obligated. Any personal property of such person located at 51 the facility at the time of removal shall be securely maintained by the 52 facility for the duration of any resulting hospitalization or crisis 53 stabilization, unless transferred to another party upon such person's 54 request. 55 § 14. Section 9.57 of the mental hygiene law, as amended by chapter 56 598 of the laws of 1994, is amended to read as follows:S. 254 12 1 § 9.57 Emergency admissions for immediate observation, care and treat- 2 ment; powers of emergency room physicians or qualified clinical 3 examiners. 4 A physician or qualified clinical examiner who has examined a person 5 in an emergency room or provided emergency medical services at a general 6 hospital, as defined in article twenty-eight of the public health law, 7 [which] that does not have an inpatient psychiatric service, or a physi- 8 cian or qualified clinical examiner who has examined a person in a 9 comprehensive psychiatric emergency program shall be authorized to 10 request that the director of the program or hospital, or the director's 11 designee, direct the removal of such person to a hospital approved by 12 the commissioner pursuant to subdivision (a) of section 9.39 of this 13 article or to a comprehensive psychiatric emergency program, if the 14 physician or qualified clinical examiner determines upon examination of 15 such person that such person appears to have a mental illness for which 16 immediate care and treatment in a hospital is appropriate and [which] 17 that is likely to result in serious harm to [himself] themself or 18 others. Upon the request of the physician or qualified clinical 19 examiner, the director of the program or hospital or the director's 20 designee[,] is authorized to direct peace officers, when acting pursuant 21 to their special duties, or police officers[,] who are members of an 22 authorized police department or force or of a sheriff's department, to 23 take into custody and transport any such person. Upon the request of an 24 emergency room physician or qualified clinical examiner or the director 25 of the program or hospital, or the director's designee, an ambulance 26 service, as defined by subdivision two of section three thousand one of 27 the public health law, is authorized to take into custody and transport 28 any such person. Such person may then be admitted to a hospital in 29 accordance with the provisions of section 9.39 of this article or to a 30 comprehensive psychiatric emergency program in accordance with the 31 provisions of section 9.40 of this article. 32 § 14-a. Section 9.57 of the mental hygiene law, as amended by chapter 33 847 of the laws of 1987, is amended to read as follows: 34 § 9.57 Emergency admissions for immediate observation, care and treat- 35 ment; powers of emergency room physicians or qualified clinical 36 examiner. 37 A physician or qualified clinical examiner who has examined a person 38 in an emergency room or provided emergency medical services at a general 39 hospital, as defined in article twenty-eight of the public health law, 40 [which] that does not have an inpatient psychiatric service, shall be 41 authorized to request that the director of the hospital, or [his] the 42 director's designee, direct the removal of such person to a hospital 43 approved by the commissioner pursuant to subdivision (a) of section 9.39 44 of this article, if the physician or qualified clinical examiner deter- 45 mines upon examination of such person that such person appears to have a 46 mental illness for which immediate care and treatment in a hospital is 47 appropriate and [which] that is likely to result in serious harm to 48 [himself] themself or others, as defined in section 9.39 of this arti- 49 cle. Upon the request of the physician or qualified clinical examiner, 50 the director of the hospital or [his] the director's designee, is 51 authorized to direct peace officers, when acting pursuant to their 52 special duties, or police officers[,] who are members of an authorized 53 police department or force or of a sheriff's department, to take into 54 custody and transport any such person. Upon the request of an emergency 55 room physician or qualified clinical examiner, or the director of the 56 hospital, or [his] the director's designee, an ambulance service, asS. 254 13 1 defined by subdivision two of section three thousand one of the public 2 health law, is authorized to take into custody and transport any such 3 person. Such person may then be admitted in accordance with the 4 provisions of section 9.39 of this article. 5 § 15. Subdivisions (b), (c) and (d) of section 9.58 of the mental 6 hygiene law, as added by chapter 678 of the laws of 1994, and paragraph 7 2 of subdivision (d) as amended by chapter 230 of the laws of 2004, are 8 amended to read as follows: 9 (b) If the team physician [or qualified mental health professional] 10 determines that it is necessary to effectuate transport, [he or she] 11 such physician shall direct peace officers, when acting pursuant to 12 their special duties, or police officers, who are members of an author- 13 ized police department or force or of a sheriff's department, to take 14 into custody and transport any persons identified in subdivision (a) of 15 this section. Upon the request of such physician [or qualified mental16health professional], an ambulance service, as defined in subdivision 17 two of section three thousand one of the public health law, is author- 18 ized to transport any such persons. Such persons may then be evaluated 19 for admission in accordance with the provisions of section 9.27, 9.39, 20 9.40 or other sections of this article, provided that [such admission21decisions shall be made independent of the fact that the person was22transported pursuant to the provisions of this section and, provided23further,] such transport shall not create a presumption that the person 24 should be involuntarily admitted to a hospital. 25 (c) The commissioner shall be authorized to develop standards, in 26 consultation with the commissioner of the division of criminal justice 27 services, relating to the training requirements of teams established 28 pursuant to this section. Such training shall, at a minimum, help to 29 ensure that [the provision of] crisis and emergency services are 30 provided in a manner [which] that protects the health and safety and 31 respects the individual needs and rights of persons being evaluated or 32 transported pursuant to this section. 33 (d) As used in this section[:34(1) "Approved], "approved mobile crisis outreach team" shall mean a 35 team of persons operating as part of a mobile crisis outreach program 36 approved by the commissioner of mental health, which may include mobile 37 crisis outreach teams funded pursuant to section 41.55 of this chapter. 38 [(2) "Qualified mental health professional" shall mean a licensed39psychologist, registered professional nurse, licensed clinical social40worker or a licensed master social worker under the supervision of a41physician, psychologist or licensed clinical social worker.] 42 § 16. Paragraphs 3 and 4 of subdivision (e) of section 9.60 of the 43 mental hygiene law, paragraph 3 as amended by chapter 158 of the laws of 44 2005, and paragraph 4 as amended by chapter 382 of the laws of 2015, are 45 amended to read as follows: 46 (3) The petition shall be accompanied by an affirmation or affidavit 47 of a physician or qualified clinical examiner, who shall not be the 48 petitioner, stating either that: 49 (i) such physician or qualified clinical examiner has personally exam- 50 ined the subject of the petition no more than ten days prior to the 51 submission of the petition, recommends assisted outpatient treatment for 52 the subject of the petition, and is willing and able to testify at the 53 hearing on the petition; or 54 (ii) no more than ten days prior to the filing of the petition, such 55 physician or qualified clinical examiner or [his or her] their designee 56 has made appropriate attempts but has not been successful in elicitingS. 254 14 1 the cooperation of the subject of the petition to submit to an examina- 2 tion, such physician or qualified clinical examiner has reason to 3 suspect that the subject of the petition meets the criteria for assisted 4 outpatient treatment, and such physician or qualified clinical examiner 5 is willing and able to examine the subject of the petition and testify 6 at the hearing on the petition. 7 (4) In counties with a population of less than eighty thousand, the 8 affirmation or affidavit required by paragraph three of this subdivision 9 may be made by a physician or qualified clinical examiner who is an 10 employee of the office. The office is authorized to make available, at 11 no cost to the county, a qualified physician or qualified clinical exam- 12 iner for the purpose of making such affirmation or affidavit consistent 13 with the provisions of such paragraph. 14 § 17. Subdivision (h) of section 9.60 of the mental hygiene law, as 15 amended by chapter 158 of the laws of 2005, paragraph 2 as amended by 16 section 2 of subpart H of part UU of chapter 56 of the laws of 2022, is 17 amended to read as follows: 18 (h) Hearing. (1) Upon receipt of the petition, the court shall fix the 19 date for a hearing. Such date shall be no later than three days from the 20 date such petition is received by the court, excluding Saturdays, 21 Sundays and holidays. Adjournments shall be permitted only for good 22 cause shown. In granting adjournments, the court shall consider the need 23 for further examination by a physician or qualified clinical examiner or 24 the potential need to provide assisted outpatient treatment expeditious- 25 ly. The court shall cause the subject of the petition, any other person 26 receiving notice pursuant to subdivision (f) of this section, the peti- 27 tioner, the physician or qualified clinical examiner whose affirmation 28 or affidavit accompanied the petition, and such other persons as the 29 court may determine, to be advised of such date. Upon such date, or upon 30 such other date to which the proceeding may be adjourned, the court 31 shall hear testimony and, if it be deemed advisable and the subject of 32 the petition is available, examine the subject of the petition in or out 33 of court. If the subject of the petition does not appear at the hearing, 34 and appropriate attempts to elicit the attendance of the subject have 35 failed, the court may conduct the hearing in the subject's absence. In 36 such case, the court shall set forth the factual basis for conducting 37 the hearing without the presence of the subject of the petition. 38 (2) The court shall not order assisted outpatient treatment unless an 39 examining physician[,] or qualified clinical examiner who recommends 40 assisted outpatient treatment and has personally examined the subject of 41 the petition no more than ten days before the filing of the petition, 42 testifies in person or by videoconference at the hearing. Provided 43 however, a physician or qualified clinical examiner shall only be 44 authorized to testify by video conference [when it has been: (i) shown45that diligent efforts have been made to attend such hearing in person46and] upon consent of the subject of the petition [consents to the physi-47cian testifying by video conference;] or [(ii) the court orders the48physician to testify by video conference] upon a finding of good cause. 49 Such physician or qualified clinical examiner shall state the facts and 50 clinical determinations which support the allegation that the subject of 51 the petition meets each of the criteria for assisted outpatient treat- 52 ment. 53 (3) If the subject of the petition has refused to be examined by a 54 physician or qualified clinical examiner, the court may request the 55 subject to consent to an examination by a physician or qualified clin- 56 ical examiner appointed by the court. If the subject of the petitionS. 254 15 1 does not consent and the court finds reasonable cause to believe that 2 the allegations in the petition are true, the court may order peace 3 officers, acting pursuant to their special duties, or police officers 4 who are members of an authorized police department or force[,] or of a 5 sheriff's department to take the subject of the petition into custody 6 and transport [him or her] the subject of the petition to a hospital for 7 examination by a physician or qualified clinical examiner. Retention of 8 the subject of the petition under such order shall not exceed twenty- 9 four hours. The examination of the subject of the petition may be 10 performed by the physician or qualified clinical examiner whose affirma- 11 tion or affidavit accompanied the petition pursuant to paragraph three 12 of subdivision (e) of this section, if such physician or qualified clin- 13 ical examiner is privileged by such hospital or otherwise authorized by 14 such hospital to do so. If such examination is performed by another 15 physician[, the examining physician] or qualified clinical examiner, 16 such physician or qualified clinical examiner may consult with the 17 physician or qualified clinical examiner whose affirmation or affidavit 18 accompanied the petition as to whether the subject meets the criteria 19 for assisted outpatient treatment. 20 (4) A physician or qualified clinical examiner who testifies pursuant 21 to paragraph two of this subdivision shall state[: (i)] the facts and 22 conclusions which support the allegation that the subject meets each of 23 the criteria for assisted outpatient treatment[, (ii)] and that [the] 24 assisted outpatient treatment is the least restrictive alternative[,25(iii) the recommended assisted outpatient treatment, and (iv) the26rationale for the recommended assisted outpatient treatment. If the27recommended assisted outpatient treatment includes medication, such28physician's testimony shall describe the types or classes of medication29which should be authorized, shall describe the beneficial and detri-30mental physical and mental effects of such medication, and shall recom-31mend whether such medication should be self-administered or administered32by authorized personnel]. 33 (5) The subject of the petition shall be afforded an opportunity to 34 present evidence, to call witnesses on [his or her] the subject's 35 behalf, and to cross-examine adverse witnesses. 36 § 18. Subdivision (n) of section 9.60 of the mental hygiene law, as 37 amended by chapter 1 of the laws of 2013, is amended to read as follows: 38 (n) Failure to comply with assisted outpatient treatment. Where in the 39 clinical judgment of a physician or qualified clinical examiner, (i) the 40 assisted outpatient, has failed or refused to comply with the assisted 41 outpatient treatment, (ii) efforts were made to solicit compliance, and 42 (iii) such assisted outpatient may be in need of involuntary admission 43 to a hospital pursuant to section 9.27 of this article or immediate 44 observation, care and treatment pursuant to section 9.39 or 9.40 of this 45 article, such physician or qualified clinical examiner may request the 46 appropriate director of community services, the director's designee, or 47 any physician or qualified clinical examiner designated by the director 48 of community services pursuant to section 9.37 of this article, to 49 direct the removal of such assisted outpatient to an appropriate hospi- 50 tal for an examination to determine if such person has a mental illness 51 for which hospitalization is necessary pursuant to section 9.27, 9.39 or 52 9.40 of this article. Furthermore, if such assisted outpatient refuses 53 to take medications as required by the court order, or [he or she] such 54 outpatient refuses to take, or fails a blood test, urinalysis, or alco- 55 hol or drug test as required by the court order, such physician or qual- 56 ified clinical examiner may consider such refusal or failure when deter-S. 254 16 1 mining whether the assisted outpatient is in need of an examination to 2 determine whether [he or she] such outpatient has a mental illness for 3 which hospitalization is necessary. Upon the request of such physician 4 or qualified clinical examiner, the appropriate director, the director's 5 designee, or any physician or qualified clinical examiner designated 6 pursuant to section 9.37 of this article, may direct peace officers, 7 acting pursuant to their special duties, or police officers who are 8 members of an authorized police department or force or of a sheriff's 9 department to take the assisted outpatient into custody and transport 10 [him or her] such outpatient to the hospital operating the assisted 11 outpatient treatment program or to any hospital authorized by the direc- 12 tor of community services to receive such persons. Such law enforcement 13 officials shall carry out such directive. Upon the request of such 14 physician or qualified clinical examiner, the appropriate director, the 15 director's designee, or any physician or qualified clinical examiner 16 designated pursuant to section 9.37 of this article, an ambulance 17 service, as defined by subdivision two of section three thousand one of 18 the public health law, or an approved mobile crisis outreach team as 19 defined in section 9.58 of this article shall be authorized to take into 20 custody and transport any such person to the hospital operating the 21 assisted outpatient treatment program, or to any other hospital author- 22 ized by the appropriate director of community services to receive such 23 persons. Any director of community services, or designee, shall be 24 authorized to direct the removal of an assisted outpatient who is pres- 25 ent in [his or her] such director's county to an appropriate hospital, 26 in accordance with the provisions of this subdivision, based upon a 27 determination of the appropriate director of community services direct- 28 ing the removal of such assisted outpatient pursuant to this subdivi- 29 sion. Such person may be retained for observation, care and treatment 30 and further examination in the hospital for up to seventy-two hours to 31 permit a physician or qualified clinical examiner to determine whether 32 such person has a mental illness and is in need of involuntary care and 33 treatment in a hospital pursuant to the provisions of this article. Any 34 continued involuntary retention in such hospital beyond the initial 35 seventy-two hour period shall be in accordance with the provisions of 36 this article relating to the involuntary admission and retention of a 37 person. If at any time during the seventy-two hour period the person is 38 determined not to meet the involuntary admission and retention 39 provisions of this article, and does not agree to stay in the hospital 40 as a voluntary or informal patient, [he or she] such outpatient must be 41 released. Failure to comply with an order of assisted outpatient treat- 42 ment shall not be grounds for involuntary civil commitment or a finding 43 of contempt of court. 44 § 19. The mental hygiene law is amended by adding a new section 9.64 45 to read as follows: 46 § 9.64 Notice of admission determination to community provider. 47 Upon a determination by a physician or qualified clinical examiner 48 pursuant to the provisions of this article as to whether a person should 49 be admitted as a patient in a hospital or received as a patient in a 50 comprehensive psychiatric emergency program, the director of such hospi- 51 tal or program shall ensure that reasonable efforts are made to identify 52 and promptly notify of such determination any community provider of 53 mental health services that maintains such person on its caseload. 54 § 20. Paragraph 1 of subdivision (e) of section 29.15 of the mental 55 hygiene law, as amended by chapter 408 of the laws of 1999, is amended 56 to read as follows:S. 254 17 1 1. In the case of an involuntary patient on conditional release, the 2 director may terminate the conditional release and order the patient to 3 return to the facility at any time during the period for which retention 4 was authorized, if, in the director's judgment, the patient needs in-pa- 5 tient care and treatment and the conditional release is no longer appro- 6 priate; provided, however, that in any such case, the director shall 7 cause written notice of such patient's return to be given to the mental 8 hygiene legal service. The director shall cause the patient to be 9 retained for observation, care and treatment and further examination in 10 a hospital for up to seventy-two hours if a physician or qualified clin- 11 ical examiner on the staff of the hospital determines that such person 12 may have a mental illness and may be in need of involuntary care and 13 treatment in a hospital pursuant to the provisions of article nine of 14 this chapter. Any continued retention in such hospital beyond the 15 initial seventy-two hour period shall be in accordance with the 16 provisions of this chapter relating to the involuntary admission and 17 retention of a person. If at any time during the seventy-two hour period 18 the person is determined not to meet the involuntary admission and 19 retention provisions of this chapter, and does not agree to stay in the 20 hospital as a voluntary or informal patient, [he or she] such person 21 must be released, either conditionally or unconditionally. 22 § 21. Subdivisions (f) and (m) of section 29.15 of the mental hygiene 23 law, subdivision (f) as amended by chapter 135 of the laws of 1993, and 24 subdivision (m) as added by chapter 341 of the laws of 1980, are amended 25 to read as follows: 26 (f) The discharge or conditional release of all clients at develop- 27 mental centers, patients at psychiatric centers or patients at psychiat- 28 ric inpatient services subject to licensure by the office of mental 29 health shall be in accordance with a written service plan prepared by 30 staff familiar with the case history of the client or patient to be 31 discharged or conditionally released and in cooperation with appropriate 32 social services officials and directors of local governmental units. In 33 causing such plan to be prepared, the director of the facility shall 34 take steps to assure that the following persons are interviewed, 35 provided an opportunity to actively participate in the development of 36 such plan and advised of whatever services might be available to the 37 patient through the mental hygiene legal service: the patient to be 38 discharged or conditionally released; a representative of a community 39 provider of mental health services, including a provider of case manage- 40 ment services, that maintains the patient on its caseload; an authorized 41 representative of the patient, to include the parent or parents if the 42 patient is a minor, unless such minor sixteen years of age or older 43 objects to the participation of the parent or parents and there has been 44 a clinical determination by a physician that the involvement of the 45 parent or parents is not clinically appropriate and such determination 46 is documented in the clinical record and there is no plan to discharge 47 or release the minor to the home of such parent or parents; and upon the 48 request of the patient sixteen years of age or older, [a significant] an 49 individual significant to the patient including any relative, close 50 friend or individual otherwise concerned with the welfare of the 51 patient, other than an employee of the facility. 52 (m) It shall be the responsibility of the chief administrator of any 53 facility providing inpatient services subject to licensure by the office 54 of mental health to notify[, when appropriate, the local social services55commissioner and appropriate state and local mental health represen-56tatives] the following persons when an inpatient is about to beS. 254 18 1 discharged or conditionally released and to provide to such [officials] 2 persons the written service plan developed for such inpatient as 3 required under subdivision (f) of this section: a representative of a 4 community provider of mental health services, including a provider of 5 case management services, that maintains the patient on its caseload; a 6 representative of an adult care facility in which the patient resided at 7 the time of the patient's admission; and, when appropriate, the local 8 social services commissioner and appropriate state and local mental 9 health representatives. 10 § 22. Subdivision (b) of section 41.09 of the mental hygiene law, as 11 amended by chapter 588 of the laws of 1973, and as renumbered by chapter 12 978 of the laws of 1977, is amended to read as follows: 13 (b) Each director shall be a psychiatrist or other professional person 14 who meets standards set by the commissioner for the position. If the 15 director is not a physician or qualified clinical examiner as defined in 16 article nine of this chapter, [he] the director shall not have the power 17 to conduct examinations authorized to be conducted by an examining 18 physician or qualified clinical examiner or by a director of community 19 services pursuant to this chapter but [he] shall designate an examining 20 physician or qualified clinical examiner who shall be empowered to 21 conduct such examinations on behalf of such director. A director need 22 not reside in the area to be served. The director shall be a full-time 23 employee except in cases where the commissioner has expressly waived the 24 requirement. 25 § 23. This act shall take effect immediately; provided, however, that: 26 a. the amendments to subdivision (a) of section 9.37 of the mental 27 hygiene law made by section eight of this act shall be subject to the 28 expiration and reversion of such subdivision pursuant to section 21 of 29 chapter 723 of the laws of 1989, when upon such date the provisions of 30 section seven-a shall take effect; 31 b. the amendments to section 9.40 of the mental hygiene law made by 32 section ten of this act shall not affect the repeal of such section and 33 shall be deemed repealed therewith; 34 c. the amendments to paragraph 3 of subdivision (b) of section 9.47 of 35 the mental hygiene law made by section eleven of this act shall not 36 affect the repeal of such subdivision and shall be deemed repealed ther- 37 ewith; 38 d. the amendments to sections 9.55 and 9.57 of the mental hygiene law 39 made by sections twelve and fourteen of this act shall be subject to the 40 expiration and reversion of such section pursuant to section 21 of chap- 41 ter 723 of the laws of 1989, as amended, when upon such date the 42 provisions of sections twelve-a and fourteen-a of this act shall take 43 effect; 44 e. the amendments to section 9.60 of the mental hygiene law made by 45 sections sixteen, seventeen and eighteen of this act shall not affect 46 the repeal of such section and shall be deemed repealed therewith; and 47 f. the amendments to paragraph 1 of subdivision (e) of section 29.15 48 of the mental hygiene law made by section twenty of this act shall not 49 affect the expiration of such section pursuant to section 18 of chapter 50 408 of the laws of 1999, as amended and shall expire and be deemed 51 repealed therewith.
