Text of New York State Bill A07936 I N A S S E M B L Y
This is the text of a bill proposed by Assemblyman James Brennan. It basically sets up some new pilot programs. It includes all the limitations of the Bellevue Pilot and none of the improvements incorporated in Attorney General Spitzer’s proposal or Assemblyman Ravitz’s.
April 15, 1999
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Brennan,
Hoyt, Connelly, Clark, Tonko, Millman, Ortiz, Abbate, Boyland,
M. Cohen, Cook, Gottfried, Grannis, Harenberg, Hikind, Jacobs, Lafay-
ette, Markey, Nolan, Pheffer, Sanders, Scarborough) -- read once and
referred to the Committee on Mental Health, Mental Retardation and
Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to additional pilot
projects for involuntary outpatient treatment and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature finds that the pilot
2 involuntary outpatient treatment program authorized by section 9.61 of
3 the mental hygiene law has been helpful in identifying certain criteria
4 and intervention techniques which appear to have a measure of success in
5 treating mentally ill persons who have a history of noncompliance with
6 their treatment plans.
7 The legislature further finds that there is a need to continue examin-
8 ing the various elements which help those mentally ill persons, who are
9 capable of being maintained safely in the community with the help of the
10 enhanced services, offered by such pilot program. However, this pilot
11 program was just one demonstration of a particular program in one city
12 of the state.
13 The legislature therefore finds that the development of four addi-
14 tional pilot projects, to be located in diverse areas of New York, will
15 help in providing more information and practical knowledge which should
16 be acquired prior to implementing a permanent program of involuntary
17 outpatient treatment statewide.
18 S 2. The mental hygiene law is amended by adding a new section 9.62 to
19 read as follows:
20 S 9.62 INVOLUNTARY OUTPATIENT TREATMENT; ADDITIONAL PILOT PROJECTS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD10067-02-9
A. 7936 2
1 (A) INVOLUNTARY OUTPATIENT TREATMENT. FOR PURPOSES OF THIS SECTION
2 “INVOLUNTARY OUTPATIENT TREATMENT” SHALL INCLUDE THE CATEGORIES OF
3 SERVICES DEFINED IN SUBDIVISION (A) OF SECTION 9.61 OF THIS ARTICLE.
4 (B) ADDITIONAL PILOT PROJECTS. IN ADDITION TO THE PILOT PROJECT
5 AUTHORIZED BY SECTION 9.61 OF THIS ARTICLE, THE COMMISSIONER SHALL
6 ESTABLISH BY APRIL FIRST, TWO THOUSAND AN ADDITIONAL FOUR INVOLUNTARY
7 OUTPATIENT TREATMENT PILOT PROJECTS TO BE KNOWN AS OUTPATIENT TREATMENT
8 PROGRAMS. SUCH PROGRAMS SHALL SERVE THOSE PATIENTS WHO CAN BENEFIT FROM
9 INVOLUNTARY OUTPATIENT TREATMENT AND WHO HAVE BEEN HOSPITALIZED AT A
10 HOSPITAL AS DEFINED IN SECTION 1.03 OF THIS CHAPTER. ALL PATIENTS
11 ADMITTED TO SUCH PROGRAM SHALL MEET THE CRITERIA SET FORTH IN SUBDIVI-
12 SION (C) OF THIS SECTION. THE COMMISSIONER SHALL REQUIRE THAT REQUESTS
13 FOR PROPOSALS SHALL BE SUBMITTED BY THE INTERESTED APPLICANTS TO THE
14 COMMISSIONER NO LATER THAN DECEMBER FIRST, NINETEEN HUNDRED NINETY-NINE.
15 TWO OF THESE OUTPATIENT TREATMENT PROGRAMS SHALL BE AWARDED TO PROVIDERS
16 LOCATED IN A CITY HAVING A POPULATION OF MORE THAN THREE HUNDRED TWEN-
17 TY-FIVE THOUSAND, ACCORDING TO THE FEDERAL DECENNIAL CENSUS OF 1990.
18 EACH OUTPATIENT TREATMENT PROGRAM SHALL BE IN A DIFFERENT CITY. IN
19 AWARDING THE OTHER TWO PROGRAMS THE COMMISSIONER SHALL SEEK TO LOCATE
20 THEM IN DIVERSE AREAS OF THE STATE AND IN MUNICIPALITIES OF SMALLER
21 POPULATIONS AND MAY AWARD SUCH PROJECTS TO COUNTYWIDE OR OTHER REGIONAL
22 PROVIDERS OR GROUPS OF PROVIDERS OTHERWISE MEETING THE CRITERIA. NO MORE
23 THAN ONE OUTPATIENT TREATMENT PROGRAM PURSUANT TO THIS SECTION OR
24 SECTION 9.61 OF THIS ARTICLE SHALL BE LOCATED IN ANY ONE COUNTY. APPLI-
25 CANTS FOR SUCH OUTPATIENT TREATMENT PROGRAMS SHALL BE REQUIRED TO DEMON-
26 STRATE THE CAPACITY TO PROVIDE AN ARRAY OF COMMUNITY MENTAL HEALTH
27 SERVICES INCLUDING INTENSIVE CASE MANAGEMENT. PROVISION OF SERVICES TO
28 MEET TREATMENT PLANS, AS DEVELOPED BY COURT ORDERS FOR INVOLUNTARY
29 OUTPATIENT TREATMENT, CAN BE DELIVERED BY ONE ENTITY OR BY A COMBINATION
30 OF REGIONAL OR COUNTYWIDE SERVICE PROVIDERS. THE ENTITY SUBMITTING THE
31 APPLICATION MAY BE A HOSPITAL AS DEFINED IN SECTION 1.03 OF THIS CHAPTER
32 OR ANOTHER PROVIDER OF SERVICES TO THE MENTALLY ILL WHICH CAN DEMON-
33 STRATE THE AVAILABILITY OF APPROPRIATE HOSPITAL BASED SERVICES AS PART
34 OF ITS APPLICATION.
35 (C) CRITERIA FOR INVOLUNTARY OUTPATIENT TREATMENT. (1) A PATIENT MAY
36 BE ORDERED TO OBTAIN INVOLUNTARY OUTPATIENT TREATMENT IF THE COURT FINDS
37 THAT:
38 (I) THE PATIENT IS EIGHTEEN YEARS OF AGE OR OLDER; AND
39 (II) THE PATIENT IS SUFFERING FROM A MENTAL ILLNESS; AND
40 (III) THE PATIENT IS INCAPABLE OF SURVIVING SAFELY IN THE COMMUNITY
41 WITHOUT SUPERVISION, BASED ON A CLINICAL DETERMINATION; AND
42 (IV) THE PATIENT IS HOSPITALIZED AT A HOSPITAL WHICH IS AFFILIATED
43 WITH THE OUTPATIENT TREATMENT PROGRAM DESIGNATED PURSUANT TO SUBDIVISION
44 (B) OF THIS SECTION, OR IN THE CASE OF AN APPLICATION FOR AN ADDITIONAL
45 PERIOD OF TREATMENT, THE PATIENT IS CURRENTLY RECEIVING INVOLUNTARY
46 OUTPATIENT TREATMENT; AND
47 (V) THE PATIENT HAS A HISTORY OF LACK OF COMPLIANCE WITH TREATMENT
48 THAT HAS NECESSITATED INVOLUNTARY HOSPITALIZATION AT LEAST TWICE WITHIN
49 THE LAST EIGHTEEN MONTHS; AND
50 (VI) THE PATIENT IS, AS A RESULT OF HIS OR HER MENTAL ILLNESS, UNLIKE-
51 LY TO VOLUNTARILY PARTICIPATE IN THE RECOMMENDED TREATMENT PURSUANT TO
52 THE TREATMENT PLAN AND BASED ON CLINICAL DETERMINATION; AND
53 (VII) IN VIEW OF THE PATIENT‘S TREATMENT HISTORY AND CURRENT BEHAVIOR,
54 THE PATIENT IS IN NEED OF INVOLUNTARY OUTPATIENT TREATMENT IN ORDER TO
55 PREVENT A RELAPSE OR DETERIORATION WHICH WOULD BE LIKELY TO RESULT IN
A. 7936 3
1 SERIOUS HARM TO THE PATIENT OR OTHERS AS DEFINED IN SECTION 9.01 OF THIS
2 ARTICLE; AND
3 (VIII) IT IS LIKELY THAT THE PATIENT WILL BENEFIT FROM INVOLUNTARY
4 OUTPATIENT TREATMENT; AND
5 (IX) THE INVOLUNTARY OUTPATIENT TREATMENT PROGRAM OF SUCH HOSPITAL IS
6 WILLING AND ABLE TO PROVIDE THE INVOLUNTARY OUTPATIENT TREATMENT
7 ORDERED.
8 (2) A COURT MAY ORDER THE INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC
9 DRUGS AS PART OF AN INVOLUNTARY OUTPATIENT TREATMENT PROGRAM IF THE
10 COURT FINDS THE OUTPATIENT TREATMENT PROGRAM HAS SHOWN BY CLEAR AND
11 CONVINCING EVIDENCE THAT THE PATIENT LACKS THE CAPACITY TO MAKE A TREAT-
12 MENT DECISION AS A RESULT OF MENTAL ILLNESS AND THE PROPOSED TREATMENT
13 IS NARROWLY TAILORED TO GIVE SUBSTANTIVE EFFECT TO THE PATIENT‘S LIBERTY
14 INTEREST IN REFUSING MEDICATION, TAKING INTO CONSIDERATION ALL RELEVANT
15 CIRCUMSTANCES, INCLUDING THE PATIENT‘S BEST INTEREST, THE BENEFITS TO BE
16 GAINED FROM THE TREATMENT, THE ADVERSE SIDE EFFECTS ASSOCIATED WITH THE
17 TREATMENT AND ANY LESS INTRUSIVE ALTERNATIVE TREATMENTS. SUCH ORDER
18 SHALL SPECIFY THE TYPE AND AMOUNT OF SUCH PSYCHOTROPIC DRUGS AND THE
19 DURATION OF SUCH INVOLUNTARY ADMINISTRATION.
20 (D) PETITION TO THE COURT. (1) A PETITION TO OBTAIN AN ORDER AUTHORIZ-
21 ING INVOLUNTARY OUTPATIENT TREATMENT MAY BE BROUGHT EITHER BY THE DIREC-
22 TOR OF THE HOSPITAL IN WHICH THE PATIENT IS HOSPITALIZED OR BY THE
23 DIRECTOR OF THE OUTPATIENT TREATMENT PROGRAM WITH WHICH SUCH HOSPITAL IS
24 AFFILIATED. THE PETITION MAY BE MADE EITHER TO THE COUNTY COURT OR THE
25 SUPREME COURT IN THE COUNTY WHERE THE HOSPITAL IS LOCATED.
26 (2) THE PETITION SHALL STATE:
27 (I) EACH OF THE CRITERIA FOR INVOLUNTARY OUTPATIENT TREATMENT AS SET
28 FORTH IN SUBDIVISION (C) OF THIS SECTION;
29 (II) FACTS WHICH SUPPORT SUCH PETITIONER‘S BELIEF THAT THE PATIENT WHO
30 IS THE SUBJECT OF THE PETITION MEETS SUCH CRITERIA, PROVIDED THAT THE
31 HEARING ON THE PETITION NEED NOT BE LIMITED TO THE STATED FACTS; AND
32 (III) A PROPOSED WRITTEN TREATMENT PLAN FOR OUTPATIENT TREATMENT FOR
33 SUCH PATIENT. IN CAUSING SUCH PLAN TO BE PREPARED, THE PETITIONER SHALL
34 TAKE STEPS TO ASSURE THE FOLLOWING PERSONS ARE INTERVIEWED AND PROVIDED
35 AN OPPORTUNITY TO ACTIVELY PARTICIPATE IN THE DEVELOPMENT OF SUCH PLAN:
36 THE PATIENT; AND UPON THE REQUEST OF THE PATIENT, A SIGNIFICANT INDIVID-
37 UAL TO THE PATIENT INCLUDING ANY RELATIVE, CLOSE FRIEND OR INDIVIDUAL
38 OTHERWISE CONCERNED WITH THE WELFARE OF THE PATIENT.
39 (3) THE PETITION SHALL BE ACCOMPANIED BY AN AFFIRMATION OR AFFIDAVIT
40 OF AN EXAMINING PHYSICIAN WHO HAS EXAMINED THE PATIENT WHO IS THE
41 SUBJECT OF THE PETITION NO MORE THAN TEN DAYS PRIOR TO THE SUBMISSION OF
42 THE PETITION. SUCH AFFIRMATION OR AFFIDAVIT SHALL BE ATTACHED TO THE
43 PETITION AND SHALL STATE THAT IN THE OPINION OF SUCH EXAMINING PHYSICIAN
44 THE SUBJECT MEETS ALL OF THE CRITERIA FOR INVOLUNTARY OUTPATIENT TREAT-
45 MENT AS SET FORTH IN SUBDIVISION (C) OF THIS SECTION.
46 (E) SERVICE. THE PETITIONER SHALL CAUSE WRITTEN NOTICE OF SUCH PETI-
47 TION TO BE GIVEN TO THE PATIENT AND A COPY THEREOF SHALL BE GIVEN
48 PERSONALLY OR BY MAIL TO THE PERSONS REQUIRED BY SECTION 9.29 OF THIS
49 ARTICLE TO BE SERVED WITH NOTICE OF AN INVOLUNTARY PATIENT‘S INITIAL
50 ADMISSION AND TO THE MENTAL HYGIENE LEGAL SERVICE.
51 (F) HEARING. (1) UPON RECEIPT BY THE COURT OF THE PETITION SUBMITTED
52 PURSUANT TO SUBDIVISION (D) OF THIS SECTION, THE COURT SHALL FIX THE
53 DATE FOR A HEARING AT A TIME NOT LATER THAN FIVE DAYS FROM THE DATE SUCH
54 APPLICATION IS RECEIVED BY THE COURT, EXCLUDING SATURDAYS, SUNDAYS AND
55 HOLIDAYS. THE COURT SHALL CAUSE THE PATIENT, ANY OTHER PERSON RECEIVING
56 NOTICE PURSUANT TO SUBDIVISION (E) OF THIS SECTION, THE PETITIONER, THE
A. 7936 4
1 MENTAL HYGIENE LEGAL SERVICE, AND SUCH OTHER PERSONS AS THE COURT MAY
2 DETERMINE TO BE ADVISED OF SUCH DATE. UPON SUCH DATE, OR UPON SUCH OTHER
3 DATE TO WHICH THE PROCEEDING MAY BE ADJOURNED, THE COURT SHALL HEAR
4 TESTIMONY AND EXAMINE THE PATIENT ALLEGED TO BE IN NEED OF INVOLUNTARY
5 OUTPATIENT TREATMENT, IF IT BE DEEMED ADVISABLE, IN OR OUT OF COURT.
6 (2) THE PATIENT SHALL HAVE THE RIGHT TO BE REPRESENTED BY COUNSEL AT
7 ALL STAGES OF THE PROCEEDINGS INCLUDING THE RIGHT TO CROSS EXAMINE
8 WITNESSES. IF THE PATIENT DOES NOT HAVE COUNSEL OF HIS OR HER OWN
9 CHOICE, THE PATIENT SHALL BE REPRESENTED BY THE MENTAL HYGIENE LEGAL
10 SERVICE.
11 (3) NO PATIENT SHALL BE ORDERED TO RECEIVE INVOLUNTARY OUTPATIENT
12 TREATMENT UNLESS AN EXAMINING PHYSICIAN WHO HAS PERSONALLY EXAMINED THE
13 SUBJECT WITHIN THE TIME PERIOD COMMENCING TEN DAYS BEFORE THE FILING OF
14 THE PETITION AND ENDING AT THE TIME OF THE PHYSICIAN‘S TESTIMONY TESTI-
15 FIES IN PERSON AT THE HEARING. SUCH PHYSICIAN‘S TESTIMONY SHALL STATE
16 THE FACTS WHICH SUPPORT THE ALLEGATION THAT THE PATIENT MEETS ALL THE
17 CRITERIA FOR INVOLUNTARY OUTPATIENT TREATMENT, AND THE TREATMENT IS THE
18 LEAST RESTRICTIVE ALTERNATIVE, THE RECOMMENDED INVOLUNTARY OUTPATIENT
19 TREATMENT, AND THE RATIONALE FOR THE RECOMMENDED INVOLUNTARY OUTPATIENT
20 TREATMENT. IF THE RECOMMENDED INVOLUNTARY OUTPATIENT TREATMENT INCLUDES
21 MEDICATION, SUCH PHYSICIAN‘S TESTIMONY SHALL DESCRIBE THE TYPES OR
22 CLASSES OF MEDICATION WHICH SHOULD BE AUTHORIZED, DESCRIBE THE BENEFI-
23 CIAL AND DETRIMENTAL PHYSICAL AND MENTAL EFFECTS OF SUCH MEDICATION, AND
24 STATE THAT THERE IS NO LESS RESTRICTIVE ALTERNATIVE TREATMENT APPROPRI-
25 ATE FOR THE PATIENT.
26 (G) DISPOSITION. (1) IF AFTER HEARING ALL RELEVANT EVIDENCE, THE COURT
27 FINDS THAT THE PATIENT DOES NOT MEET THE CRITERIA FOR INVOLUNTARY OUTPA-
28 TIENT TREATMENT, THE COURT SHALL DISMISS THE PETITION.
29 (2) IF AFTER HEARING ALL RELEVANT EVIDENCE, THE COURT FINDS BY CLEAR
30 AND CONVINCING EVIDENCE THAT THE PATIENT MEETS THE CRITERIA FOR INVOLUN-
31 TARY OUTPATIENT TREATMENT, AND THERE IS NO APPROPRIATE AND FEASIBLE LESS
32 RESTRICTIVE ALTERNATIVE, THE COURT SHALL BE AUTHORIZED TO ORDER SUCH
33 PATIENT TO RECEIVE INVOLUNTARY OUTPATIENT TREATMENT FOR A PERIOD NOT TO
34 EXCEED ONE HUNDRED EIGHTY DAYS. IN FASHIONING THE ORDER, THE COURT SHALL
35 SPECIFICALLY MAKE FINDINGS BY CLEAR AND CONVINCING EVIDENCE THAT THE
36 PROPOSED TREATMENT IS THE LEAST RESTRICTIVE TREATMENT APPROPRIATE AND
37 FEASIBLE FOR THE PATIENT. THE ORDER SHALL STATE THE CATEGORIES OF INVOL-
38 UNTARY OUTPATIENT TREATMENT, AS SET FORTH IN SUBDIVISION (A) OF THIS
39 SECTION, WHICH THE PATIENT IS TO RECEIVE, AND THE COURT MAY NOT ORDER
40 TREATMENT THAT HAS NOT BEEN RECOMMENDED BY THE EXAMINING PHYSICIAN AND
41 INCLUDED IN THE WRITTEN TREATMENT PLAN FOR OUTPATIENT TREATMENT AS
42 REQUIRED BY SUBPARAGRAPH (III) OF PARAGRAPH TWO OF SUBDIVISION (D) OF
43 THIS SECTION. THE OUTPATIENT TREATMENT PROGRAM OPERATING THE INVOLUNTARY
44 OUTPATIENT TREATMENT PROGRAM SHALL APPLY TO THE COURT FOR APPROVAL
45 BEFORE INSTITUTING A PROPOSED MATERIAL CHANGE IN THE INVOLUNTARY OUTPA-
46 TIENT TREATMENT ORDER. NON-MATERIAL CHANGES MAY BE INSTITUTED BY THE
47 INVOLUNTARY OUTPATIENT TREATMENT PROGRAM WITHOUT COURT APPROVAL. FOR THE
48 PURPOSES OF THIS SUBDIVISION, A MATERIAL CHANGE SHALL MEAN AN ADDITION
49 OR DELETION OF A CATEGORY OF INVOLUNTARY OUTPATIENT TREATMENT FROM THE
50 ORDER OF THE COURT, OR ANY DEVIATION WITHOUT THE PATIENT‘S CONSENT FROM
51 THE TERMS OF AN EXISTING ORDER RELATING TO THE INVOLUNTARY ADMINIS-
52 TRATION OF PSYCHOTROPIC DRUGS, OR THE PROPOSED INITIATION OF AN ORDER
53 FOR THE INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC DRUGS.
54 (H) APPLICATIONS FOR ADDITIONAL PERIODS OF TREATMENT. IF THE DIRECTOR
55 OF SUCH HOSPITAL OR THE DIRECTOR OF THE OUTPATIENT TREATMENT PROGRAM
56 DETERMINES THAT THE CONDITION OF SUCH PATIENT REQUIRES FURTHER INVOLUN-
A. 7936 5
1 TARY OUTPATIENT TREATMENT, SUCH DIRECTOR SHALL APPLY PRIOR TO THE EXPI-
2 RATION OF THE PERIOD OF INVOLUNTARY OUTPATIENT TREATMENT ORDERED BY THE
3 COURT FOR AN ORDER AUTHORIZING CONTINUED INVOLUNTARY OUTPATIENT TREAT-
4 MENT FOR A PERIOD NOT TO EXCEED ONE HUNDRED EIGHTY DAYS FROM THE DATE OF
5 THE ORDER. THE PROCEDURES FOR OBTAINING ANY ORDER PURSUANT TO THIS
6 SUBDIVISION SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE FOREGOING
7 SUBDIVISIONS OF THIS SECTION. THE PERIOD FOR FURTHER INVOLUNTARY OUTPA-
8 TIENT TREATMENT AUTHORIZED BY ANY SUBSEQUENT ORDER UNDER THIS SUBDIVI-
9 SION SHALL NOT EXCEED ONE HUNDRED EIGHTY DAYS FROM THE DATE OF THE
10 ORDER. PROVIDED, FURTHER, ANY ORDER AUTHORIZING INVOLUNTARY OUTPATIENT
11 TREATMENT SHALL EXPIRE ON JUNE THIRTIETH, TWO THOUSAND TWO, UNLESS
12 OTHERWISE PROVIDED BY LAW.
13 (I) APPLICATION FOR AN ORDER TO STAY, VACATE OR MODIFY. IN ADDITION TO
14 ANY OTHER RIGHT OR REMEDY AVAILABLE BY LAW WITH RESPECT TO THE ORDER FOR
15 OUTPATIENT COMMITMENT, THE PATIENT, MENTAL HYGIENE LEGAL SERVICE, OR
16 ANYONE ACTING ON THE PATIENT‘S BEHALF MAY APPLY ON NOTICE TO THE DIREC-
17 TOR OF THE HOSPITAL OR THE DIRECTOR OF THE OUTPATIENT TREATMENT PROGRAM
18 TO THE COURT TO STAY, VACATE OR MODIFY THE ORDER AUTHORIZING INVOLUNTARY
19 ADMINISTRATION OF PSYCHOTROPIC DRUGS.
20 (J) APPEALS. REVIEW OF AN ORDER ISSUED PURSUANT TO THIS SECTION SHALL
21 BE HAD IN LIKE MANNER AS SPECIFIED IN SECTION 9.35 OF THIS ARTICLE.
22 (K) FAILURE TO COMPLY WITH INVOLUNTARY OUTPATIENT TREATMENT. (1) WHERE
23 IN THE EXAMINING PHYSICIAN‘S CLINICAL JUDGMENT, THE PATIENT HAS FAILED
24 OR HAS REFUSED TO COMPLY WITH THE TREATMENT ORDERED BY THE COURT, AND IN
25 THE EXAMINING PHYSICIAN‘S CLINICAL JUDGMENT, EFFORTS WERE MADE TO SOLIC-
26 IT COMPLIANCE, AND, IN THE CLINICAL JUDGMENT OF SUCH PHYSICIAN, SUCH
27 PATIENT HAS A MENTAL ILLNESS FOR WHICH IMMEDIATE OBSERVATION, CARE AND
28 TREATMENT IN A HOSPITAL MAY BE NECESSARY PURSUANT TO SECTION 9.39 OR
29 9.40 OF THIS ARTICLE, SUCH PHYSICIAN MAY REQUEST THE DIRECTOR OF THE
30 OUTPATIENT TREATMENT PROGRAM, OR THE DIRECTOR‘S DESIGNEE, TO DIRECT THE
31 REMOVAL OF SUCH PATIENT TO A HOSPITAL AFFILIATED WITH THE OUTPATIENT
32 TREATMENT PROGRAM FOR AN EXAMINATION TO DETERMINE IF SUCH PERSON HAS A
33 MENTAL ILLNESS FOR WHICH IMMEDIATE OBSERVATION, CARE AND TREATMENT IN A
34 HOSPITAL IS NECESSARY PURSUANT TO SECTION 9.39 OR 9.40 OF THIS ARTICLE.
35 UPON THE REQUEST OF SUCH PHYSICIAN, THE DIRECTOR OF SUCH OUTPATIENT
36 TREATMENT PROGRAM OR THE DIRECTOR‘S DESIGNEE MAY DIRECT PEACE OFFICERS,
37 WHEN ACTING PURSUANT TO THEIR SPECIAL DUTIES, OR POLICE OFFICERS WHO ARE
38 MEMBERS OF AN AUTHORIZED POLICE DEPARTMENT OR FORCE OR OF A SHERIFF‘S
39 DEPARTMENT TO TAKE INTO CUSTODY AND TRANSPORT ANY SUCH PERSON. SUCH LAW
40 ENFORCEMENT OFFICIALS SHALL CARRY OUT SUCH DIRECTIVE. UPON THE REQUEST
41 OF SUCH PHYSICIAN, THE DIRECTOR OF THE OUTPATIENT TREATMENT PROGRAM, OR
42 THE DIRECTOR‘S DESIGNEE, AN AMBULANCE SERVICE, AS DEFINED BY SUBDIVISION
43 TWO OF SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW, SHALL BE
44 AUTHORIZED TO TAKE INTO CUSTODY AND TRANSPORT ANY SUCH PERSON. SUCH
45 PERSON MAY THEN BE EVALUATED FOR RETENTION IN ACCORDANCE WITH THE
46 PROVISIONS OF SECTION 9.39 OR 9.40 OF THIS ARTICLE AS APPROPRIATE. FAIL-
47 URE TO COMPLY WITH AN ORDER OF INVOLUNTARY OUTPATIENT TREATMENT SHALL
48 NOT BE GROUNDS FOR INVOLUNTARY CIVIL COMMITMENT OR A FINDING OF CONTEMPT
49 OF COURT.
50 (2) WHILE THE ORDER FOR OUTPATIENT TREATMENT IS IN EFFECT, AND IF IN
51 THE EXAMINING PHYSICIAN‘S CLINICAL JUDGMENT THE PATIENT HAS FAILED OR
52 HAS REFUSED TO TAKE SUCH MEDICATION AS THE PATIENT MAY BE REQUIRED TO
53 TAKE PURSUANT TO THE SPECIFIC TERMS OF THE ORDER ISSUED PURSUANT TO
54 PARAGRAPH TWO OF SUBDIVISION (C) OF THIS SECTION, AND IN THE EXAMINING
55 PHYSICIAN‘S CLINICAL JUDGMENT, EFFORTS WERE MADE TO SOLICIT COMPLIANCE,
56 THE PATIENT MAY BE MEDICATED OVER HIS OR HER OBJECTION BY SUCH EXAMINING
A. 7936 6
1 PHYSICIAN. SUCH MEDICATION SHALL BE ADMINISTERED IN A MANNER AND PLACE
2 THAT, IN THE BEST JUDGMENT OF THE PHYSICIAN ADMINISTERING SUCH MEDICA-
3 TION AND CONSISTENT WITH THE STANDARDS OF THE MEDICAL COMMUNITY IN WHICH
4 HE OR SHE PRACTICES, IS CLINICALLY APPROPRIATE, SAFE, CONSISTENT WITH
5 THE DIGNITY AND PRIVACY OF THE PATIENT, AND IS IN ACCORDANCE WITH THE
6 GUIDELINES ISSUED PURSUANT TO SUBDIVISION (B) OF THIS SECTION.
7 (L) EFFECT OF DETERMINATION THAT A PERSON IS IN NEED OF INVOLUNTARY
8 OUTPATIENT TREATMENT. THE DETERMINATION BY A COURT THAT A PATIENT IS IN
9 NEED OF INVOLUNTARY OUTPATIENT TREATMENT UNDER THIS SECTION SHALL NOT BE
10 CONSTRUED AS OR DEEMED TO BE A DETERMINATION THAT SUCH PATIENT IS
11 IMPAIRED, INCOMPETENT OR INCAPACITATED PURSUANT TO ARTICLE EIGHTY-ONE OF
12 THIS CHAPTER AS APPROPRIATE.
13 (M) EXCEPTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT
14 THE ABILITY OF THE DIRECTOR OF A HOSPITAL TO RECEIVE, ADMIT, OR RETAIN
15 PATIENTS WHO OTHERWISE MEET THE PROVISIONS OF THIS ARTICLE REGARDING
16 RECEIPT, RETENTION OR ADMISSION.
17 S 3. Report and evaluation. a. The commissioner of mental health shall
18 issue a status report, including information on all pilot projects which
19 addresses what applicants received awards, what structure or model each
20 involuntary outpatient treatment program is utilizing, how many partic-
21 ipants are in each program and other details describing the implementa-
22 tion of these programs, on or before March 1, 2001. The commissioner of
23 mental health shall issue a final report to determine the effectiveness
24 of such pilot projects, but not limited to their success, when compared
25 with individuals receiving voluntary treatments and services, in assist-
26 ing participants to live and function in the community, in preventing
27 relapse or deterioration that may result in the need for hospitaliza-
28 tion, and participant satisfaction with such pilot projects. In addi-
29 tion, this final report shall include the number of participants, the
30 outcome of judicial proceedings, and the categories of service ordered
31 for each individual.
32 b. A final study shall be submitted to the governor and the chair-
33 persons of the senate and assembly mental health committees, on or
34 before March 1, 2002.
35 S 4. Separability clause. If any clause, sentence, paragraph, section,
36 or part of this act shall be adjudged by any court of competent juris-
37 diction to be invalid, such judgement shall not affect, impair or inval-
38 idate the remainder thereof, but shall be confined in its operation to
39 the clause, sentence, paragraph, section or part thereof directly
40 involved in the controversy in which such judgement shall have been
41 rendered.
42 S 5. This act shall take effect immediately and shall expire on June
43 30, 2002 when upon such date the provisions of this act shall be deemed
44 repealed.
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