Text of New York State Bill A07146
S T A T E O F N E W Y O R K
________________________________________________________________________
7146
1999-2000 Regular Sessions
I N A S S E M B L Y
March 23, 1999
___________
Introduced by M. of A. RAVITZ, ACAMPORA, LITTLE, ORTLOFF, STRANIERE,
TEDISCO -- Multi-Sponsored by -- M. of A. ALFANO, BACALLES, BARRAGA, BROWN, CALHOUN, CROUCH, DALY, DARCY, FESSENDEN, LABRIOLA, MANNING, MILLER, MILLS, NORTZ, O‘CONNELL, PRENTISS, SPANO, STEPHENS, THIELE, WARNER, WINNER
-- 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 providing assisted outpatient treatment for mentally incapacitated persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS:
1 Section 1. The mental hygiene law is amended by adding a new section
2 9.60 to read as follows:
3 S 9.60 ASSISTED OUTPATIENT TREATMENT.
4 (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING DEFI-
5 NITIONS SHALL APPLY:
6 (1) “ASSISTED OUTPATIENT TREATMENT” SHALL MEAN OUTPATIENT SERVICES
7 WHICH HAVE BEEN ORDERED BY THE COURT, AND SHALL INCLUDE THE FOLLOWING
8 CATEGORIES OF SERVICES: MEDICATION; INDIVIDUAL OR GROUP THERAPY; DAY OR
9 PARTIAL DAY PROGRAMMING ACTIVITIES; SERVICES AND TRAINING, INCLUDING
10 EDUCATIONAL AND VOCATIONAL ACTIVITIES; SUPERVISION OF LIVING ARRANGE-
11 MENTS; INTENSIVE CASE MANAGEMENT SERVICES UNDER THE AUSPICES OF A
12 PROGRAM FUNDED BY THE OFFICE OF MENTAL HEALTH; AND ANY OTHER SERVICES
13 WITHIN THE LOCAL PLAN DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF THIS
14 CHAPTER, PRESCRIBED TO TREAT AN OUTPATIENT‘S MENTAL ILLNESS AND TO
15 ASSIST AN OUTPATIENT IN LIVING AND FUNCTIONING IN THE COMMUNITY, OR TO
16 ATTEMPT TO PREVENT A RELAPSE OR DETERIORATION THAT MAY REASONABLY BE
17 PREDICTED TO RESULT IN THE NEED FOR HOSPITALIZATION.
18 (2) “SUBJECT OF THE PETITION” SHALL MEAN THE PERSON WHO IS ALLEGED IN
19 THE PETITION TO MEET THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT.
20 (3) “INVOLUNTARY OUTPATIENT” SHALL MEAN THE PERSON UNDER COURT ORDER
21 TO RECEIVE OUTPATIENT TREATMENT.
PAGE TWO
A. 7146 2
1 (4) “OUTPATIENT TREATMENT PSYCHIATRIST” SHALL MEAN THE QUALIFIED
2 PSYCHIATRIST DESIGNATED BY THE COURT TO OVERSEE THE TREATMENT OF THE
3 INVOLUNTARY OUTPATIENT.
4 (B) CRITERIA FOR ASSISTED OUTPATIENT TREATMENT. A PERSON MAY BE
5 ORDERED TO OBTAIN ASSISTED OUTPATIENT TREATMENT IF THE COURT FINDS THAT:
6 (1) THE PERSON IS SUFFERING FROM A MENTAL ILLNESS; AND
7 (2) IN VIEW OF THE PERSON‘S BEHAVIORAL AND TREATMENT HISTORY, HE OR
8 SHE IS UNLIKELY TO SURVIVE SAFELY IN THE COMMUNITY WITHOUT SUPERVISION;
9 AND
10 (3) THE PERSON HAS RECEIVED INPATIENT CARE AND TREATMENT FOR MENTAL
11 ILLNESS WITHIN THE LAST FIVE YEARS PRECEDING THE FILING OF THE PETITION;
12 AND
13 (4) IN VIEW OF THE PERSON‘S BEHAVIORAL AND TREATMENT HISTORY, THE
14 PERSON IS IN NEED OF ASSISTED OUTPATIENT TREATMENT IN ORDER TO
PREVENT A
15 RELAPSE OR DETERIORATION WHICH WOULD BE LIKELY TO RESULT IN HARM TO THE
16 PERSON OR OTHERS; AND
17 (5) THE PERSON IS LIKELY TO BENEFIT FROM ASSISTED OUTPATIENT TREAT-
18 MENT.
19 (C) PETITION. (1) A PETITION FOR AN ORDER AUTHORIZING ASSISTED OUTPA-
20 TIENT TREATMENT MAY BE FILED IN THE SUPREME COURT IN THE COUNTY
IN WHICH
21 THE SUBJECT OF SUCH PETITION IS PRESENT. SUCH PETITION MAY BE FILED BY:
22 (I) ANY PERSON WITH WHOM THE SUBJECT OF THE PETITION RESIDES; OR
23 (II) THE PARENT, SPOUSE, SIBLING, OR CHILD OF THE SUBJECT OF THE PETI-
24 TION; OR
25 (III) THE DIRECTOR OF A HOSPITAL IN WHICH THE SUBJECT OF THE PETITION
26 IS HOSPITALIZED; OR
27 (IV) THE DIRECTOR OF ANY PUBLIC OR CHARITABLE ORGANIZATION, AGENCY OR
28 HOME IN WHOSE INSTITUTION THE SUBJECT OF THE PETITION RESIDES; OR
29 (V) A QUALIFIED PSYCHIATRIST WHO IS EITHER SUPERVISING THE TREATMENT
30 OF OR TREATING THE SUBJECT OF THE PETITION FOR A MENTAL ILLNESS; OR
31 (VI) THE DIRECTOR OF COMMUNITY SERVICES OR SOCIAL SERVICES OFFICIAL,
32 AS DEFINED IN THE SOCIAL SERVICES LAW, OF THE CITY OR COUNTY IN WHICH
33 THE SUBJECT OF THE PETITION IS PRESENT; OR
34 (VII) PEACE OFFICERS, POLICE OFFICERS AND MEMBERS OF A LOCAL SHERIFF‘S
35 DEPARTMENT; OR
36 (VIII) ANY COUNTY COMMISSIONER OF MENTAL HEALTH OR HIS OR HER SPECIF-
37 ICALLY DESIGNATED AGENT.
38 (2) THE PETITION SHALL STATE THAT THE SUBJECT OF THE PETITION IS PRES-
39 ENT WITHIN THE COUNTY WHERE SUCH PETITION IS FILED, AND FACTS WHICH
40 SUPPORT THE PETITIONER‘S BELIEF THAT THE SUBJECT OF THE PETITION MEETS
41 THE CRITERIA FOR ASSISTED OUTPATIENT TREATMENT AS SET FORTH N PARA-
42 GRAPHS ONE THROUGH FOUR OF SUBDIVISION (B) OF THIS SECTION.
43 (3) THE PETITION SHALL BE ACCOMPANIED BY THE AFFIRMATION OR
AFFIDAVIT
44 OF A QUALIFIED PSYCHIATRIST, STATING THAT:
45 (I) SUCH PSYCHIATRIST HAS PERSONALLY EXAMINED THE SUBJECT OF THE PETI-
46 TION WITHIN FOURTEEN DAYS PRIOR TO THE FILING OF THE PETITION AND
47 BELIEVES THAT THE SUBJECT OF THE PETITION IS LIKELY TO BENEFIT FROM
48 ASSISTED OUTPATIENT TREATMENT, AND IS WILLING AND ABLE TO TESTIFY AT THE
49 HEARING ON THE PETITION AND PROVIDE THE COURT WITH A WRITTEN PROPOSED
50 TREATMENT PLAN; OR
51 (II) WITHIN FOURTEEN DAYS PRIOR TO THE FILING OF THE PETITION, SUCH
52 PSYCHIATRIST OR HIS OR HER DESIGNEE HAS ATTEMPTED WITHOUT SUCCESS TO
53 PERSUADE THE SUBJECT OF THE PETITION TO SUBMIT TO AN EXAMINATION, AND
54 THAT SUCH PSYCHIATRIST IS WILLING AND ABLE TO EXAMINE THE SUBJECT OF THE
55 PETITION, TESTIFY AT THE HEARING ON THE PETITION, AND, IF APPROPRIATE,
56 PROVIDE THE COURT WITH A PROPOSED WRITTEN TREATMENT PLAN; OR
A. 7146 3
1 (III) IF THE SUBJECT OF THE PETITION HAS REFUSED TO BE EXAMINED BY A
2 QUALIFIED PSYCHIATRIST AND THE FACTS ARE STATED BY AT LEAST TWO PETI-
3 TIONERS THAT THE SUBJECT OF THE PETITION MEETS THE CRITERIA FOR ASSISTED
4 OUTPATIENT TREATMENT, AS SET FORTH IN PARAGRAPHS ONE THROUGH FOUR OF
5 SUBDIVISION (B) OF THIS SECTION, THE COURT MAY REQUEST THE SUBJECT
6 CONSENT TO EXAMINATION BY A QUALIFIED PSYCHIATRIST APPOINTED BY THE
7 COURT. IF THE SUBJECT OF THE PETITION DOES NOT CONSENT AND THE COURT
8 FINDS SUFFICIENT EVIDENCE TO BELIEVE THAT THE ALLEGATIONS IN THE PETI-
9 TION ARE TRUE, THE COURT MAY ORDER THE RETENTION OF THE SUBJECT IN A
10 HOSPITAL OR COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM FOR EVALUATION
11 BY A QUALIFIED PSYCHIATRIST. SUCH RETENTION SHALL NOT BE FOR MORE THAN
12 TWENTY-FOUR HOURS.
13 (D) SERVICE. THE PETITION SHALL CAUSE WRITTEN NOTICE OF THE PETITION
14 TO BE GIVEN PERSONALLY TO THE SUBJECT OF THE PETITION AND A COPY THEREOF
15 SHALL BE GIVEN PERSONALLY OR BY MAIL TO THE PERSONS REQUIRED BY SECTION
16 9.29 OF THIS ARTICLE TO BE SERVED WITH NOTICE OF AN INVOLUNTARY
17 PATIENT‘S INITIAL ADMISSION AND TO THE MENTAL HYGIENE LEGAL SERVICE.
18 (E) HEARING. (1) UPON RECEIPT OF THE PETITION, THE COURT SHALL FIX THE
19 DATE FOR A HEARING. SUCH DATE SHALL BE NO LATER THAN TEN 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 TO PROVIDE INVOLUNTARY OUTPATIENT SERVICES EXPEDITIOUSLY. THE COURT
24 SHALL CAUSE THE SUBJECT OF THE PETITION, ANY OTHER PERSON RECEIVING
25 NOTICE PURSUANT TO SUBDIVISION (D) OF THIS SECTION, THE PETITIONER, THE
26 QUALIFIED PSYCHIATRIST WHOSE AFFIRMATION OR AFFIDAVIT ACCOMPANIED THE
27 PETITION PURSUANT TO PARAGRAPH THREE OF SUBDIVISION (C) OF THIS SECTION,
28 THE MENTAL HYGIENE LEGAL SERVICE, AND SUCH OTHER PERSONS AS THE COURT
29 MAY DETERMINE TO BE ADVISED OF SUCH DATE. UPON SUCH DATE, OR UPON SUCH
30 OTHER DATE TO WHICH THE PROCEEDING MAY BE ADJOURNED, THE COURT SHALL
31 HEAR TESTIMONY AND, IF IT BE DEEMED ADVISABLE, EXAMINE THE SUBJECT OF
32 THE PETITION IN OR OUT OF COURT. IF THE SUBJECT OF THE PETITION DOES NOT
33 APPEAR AT THE HEARING, THE COURT MAY CONDUCT THE HEARING IN SUCH
34 PERSON‘S ABSENCE. THE COURT MAY CLOSE THE HEARING TO THE PUBLIC, UNLESS
35 THE SUBJECT OF THE PETITION REQUESTS OTHERWISE.
36 (2) THE SUBJECT OF A PETITION SHALL NOT BE ORDERED TO RECEIVE ASSISTED
37 OUTPATIENT TREATMENT UNLESS A QUALIFIED PSYCHIATRIST RECOMMENDING SUCH
38 TREATMENT HAS: (I) PERSONALLY EXAMINED THE SUBJECT WITHIN FOURTEEN DAYS
39 PRIOR TO THE FILING OF THE PETITION AND (II) SUCH PSYCHIATRIST, UPON THE
40 REQUEST OF THE SUBJECT OF THE PETITION OR THE COURT, TESTIFIES IN PERSON
41 AT THE HEARING. THE PSYCHIATRIST‘S TESTIMONY SHALL STATE FACTS WHICH
42 SUPPORT THE ALLEGATION THAT THE SUBJECT OF THE PETITION MEETS THE CRITE-
43 RIA FOR ASSISTED OUTPATIENT TREATMENT; FACTS WHICH SUPPORT THE ALLEGA-
44 TION THAT SUCH TREATMENT IS THE LEAST RESTRICTIVE ALTERNATIVE; AND THE
45 RATIONALE FOR EACH CATEGORY OF RECOMMENDED ASSISTED OUTPATIENT TREAT-
46 MENT. IF THE RECOMMENDED ASSISTED OUTPATIENT TREATMENT INCLUDES MEDICA-
47 TION, THE PSYCHIATRIST‘S TESTIMONY SHALL DESCRIBE THE TYPES OR CLASSES
48 OF MEDICATION WHICH SHOULD BE AUTHORIZED; DESCRIBE THE BENEFICIAL AND
49 DETRIMENTAL EFFECTS OF SUCH MEDICATION; AND SHALL STATE THAT THERE IS NO
50 LESS RESTRICTIVE ALTERNATIVE TREATMENT APPROPRIATE FOR THE SUBJECT.
51 (3) THE SUBJECT OF THE PETITION SHALL HAVE THE RIGHT TO COUNSEL AND BE
52 AFFORDED AN OPPORTUNITY TO PRESENT EVIDENCE AND CROSS-EXAMINE ADVERSE
53 WITNESSES.
54 (F) PROPOSED WRITTEN TREATMENT PLAN. NO LATER THAN THE DATE OF THE
55 HEARING, THE QUALIFIED PSYCHIATRIST WHO TESTIFIES PURSUANT TO PARAGRAPH
56 TWO OF SUBDIVISION (E) OF THIS SECTION SHALL PROVIDE THE COURT WITH A
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1 WRITTEN PROPOSED TREATMENT PLAN. SUCH PLAN SHALL INCLUDE THE SERVICES
2 SET FORTH IN PARAGRAPH ONE OF SUBDIVISION (A) OF THIS SECTION WHICH THE
3 PSYCHIATRIST RECOMMENDS THE SUBJECT OF THE PETITION RECEIVE AND, FOR ANY
4 SUCH SERVICE A PROVIDER OF SERVICES HAS AGREED TO PROVIDE, THE NAME AND
5 ADDRESS OF SUCH PROVIDER.
6 (G) DISPOSITION. (1) IF, AFTER HEARING ALL RELEVANT EVIDENCE, THE
7 COURT FINDS THAT THE SUBJECT OF THE PETITION DOES NOT MEET THE CRITERIA
8 FOR ASSISTED OUTPATIENT TREATMENT, THE COURT SHALL DISMISS THE PETITION.
9 (2) IF THE COURT DETERMINES BY CLEAR AND CONVINCING EVIDENCE THAT THE
10 SUBJECT OF THE PETITION MEETS THE CRITERIA FOR ASSISTED OUTPATIENT
11 TREATMENT AND THAT THERE IS NO APPROPRIATE AND FEASIBLE LESS RESTRICTIVE
12 ALTERNATIVE, THE COURT SHALL ORDER THE SUBJECT TO RECEIVE ASSISTED
13 OUTPATIENT TREATMENT FOR A PERIOD NOT TO EXCEED TWELVE MONTHS.
14 (3) AFTER DETERMINING THAT THE SUBJECT OF THE PETITION QUALIFIES FOR
15 THE ASSISTED OUTPATIENT TREATMENT PLAN, THE COURT SHALL THEN DETERMINE,
16 BY A PREPONDERANCE OF THE EVIDENCE, WHICH SERVICES SET FORTH IN PARA-
17 GRAPH ONE OF SUBDIVISION (A) OF THIS SECTION SHALL CONSTITUTE SUCH
18 TREATMENT PLAN. SPECIFICALLY, THE COURT SHALL:
19 (I) DESIGNATE THE OUTPATIENT TREATMENT PSYCHIATRIST, OR DIRECT THE
20 DIRECTOR OF COMMUNITY SERVICES OR COUNTY COMMISSIONER OF MENTAL HEALTH
21 TO DESIGNATE THE OUTPATIENT TREATMENT PSYCHIATRIST; PROVIDED THAT ANY
22 SUCH PSYCHIATRIST SHALL AGREE TO THE DESIGNATION; AND
23 (II) ORDER THE DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE
24 OR THE COUNTY COMMISSIONER OF MENTAL HEALTH OR HIS OR HER DESIGNEE, TO
25 PROVIDE OR ARRANGE FOR ALL ORDERED SERVICES FOR WHICH NO PROVIDER OF
26 SERVICES IS NAMED IN THE ASSISTED OUTPATIENT TREATMENT PLAN. SUCH
27 SERVICES SHALL BE AVAILABLE TO THE INVOLUNTARY OUTPATIENT THROUGHOUT THE
28 PERIOD OF THE ORDER; AND, FOR EACH SUCH SERVICE, PROVIDE THE COURT, NOT
29 LATER THAN THE TENTH DAY FOLLOWING THE DATE OF THE ORDER, EXCLUDING
30 SATURDAYS, SUNDAYS AND HOLIDAYS, WITH THE NAME AND ADDRESS OF THE
31 PROVIDER OF SERVICES THAT HAS BEEN SECURED; AND
32 (III) DIRECT EACH PROVIDER OF SERVICES NAMED IN THE ASSISTED OUTPA-
33 TIENT TREATMENT PLAN PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH TO
34 PROMPTLY NOTIFY THE OUTPATIENT TREATMENT PSYCHIATRIST OR THE OUTPATIENT
35 TREATMENT PSYCHIATRIST‘S DESIGNEE OF ANY KNOWLEDGE OR SUSPICION, ARISING
36 DURING THE PERIOD OF ASSISTED OUTPATIENT TREATMENT, THAT THE INVOLUNTARY
37 OUTPATIENT IS NOT IN COMPLIANCE WITH THE TREATMENT ORDERED BY THE COURT;
38 AND
39 (IV) PROVIDE THAT IF AT ANY TIME DURING THE PERIOD OF ASSISTED OUTPA-
40 TIENT TREATMENT THE OUTPATIENT TREATMENT PSYCHIATRIST DETERMINES THAT
41 THE INVOLUNTARY OUTPATIENT HAS FAILED OR HAS REFUSED TO COMPLY WITH THE
42 TREATMENT ORDERED BY THE COURT AND THAT THE INVOLUNTARY OUTPATIENT MAY
43 REQUIRE IMMEDIATE OBSERVATION, CARE AND TREATMENT IN A HOSPITAL PURSUANT
44 TO SECTION 9.39 OR 9.40 OF THIS ARTICLE, THE OUTPATIENT TREATMENT
45 PSYCHIATRIST MAY PETITION THE COURT FOR AN IMMEDIATE EX PARTE ORDER
46 DIRECTING PEACE OFFICERS, POLICE OFFICERS, MEMBERS OF THE SHERIFF‘S
47 DEPARTMENT, AN APPROVED MOBILE CRISIS OUTREACH TEAM AS DEFINED IN
48 SECTION 9.58 OF THIS ARTICLE, OR AN AMBULANCE SERVICE AS DEFINED BY
49 SUBDIVISION TWO OF SECTION THREE THOUSAND ONE OF THE PUBLIC HEALTH LAW
50 TO TAKE THE INVOLUNTARY OUTPATIENT INTO CUSTODY, AND, TRANSPORT HIM OR
51 HER TO A HOSPITAL OR COMPREHENSIVE PSYCHIATRIC EMERGENCY PROGRAM FOR
52 IMMEDIATE OBSERVATION, CARE AND TREATMENT PURSUANT TO SECTION 9.39 OR
53 SECTION 9.40 OF THIS ARTICLE; AND
54 (V) PROVIDE THAT IF AT ANY TIME DURING THE PERIOD OF ASSISTED OUTPA-
55 TIENT TREATMENT THE OUTPATIENT TREATMENT PSYCHIATRIST DETERMINES THAT
56 SUCH OUTPATIENT HAS FAILED OR HAS REFUSED TO TAKE SUCH MEDICATION AS HE
A. 7146 5
1 OR SHE MAY BE REQUIRED TO TAKE PURSUANT TO THE ORDER AND THAT FURTHER
2 DELAY IN ADMINISTERING MEDICATION WOULD NOT BE IN THE BEST INTERESTS OF
3 SUCH OUTPATIENT, THE OUTPATIENT TREATMENT PSYCHIATRIST MAY PETITION THE
4 COURT FOR AN IMMEDIATE EX PARTE ORDER AUTHORIZING THE FORCIBLE MEDICA-
5 TION OF THE INVOLUNTARY OUTPATIENT PROVIDED SUCH PETITIONER MEETS THE
6 EVIDENTIARY STANDARD USED IN PARAGRAPH THREE OF SUBDIVISION (G) OF THIS
7 SECTION, AND, WHERE APPROPRIATE, DIRECTING PEACE OFFICERS, POLICE OFFI-
8 CERS, OR MEMBERS OF THE SHERIFF‘S DEPARTMENT TO ASSIST AN APPROVED
9 MOBILE CRISIS OUTREACH TEAM, AS DEFINED IN SECTION 9.58 OF THIS ARTICLE,
10 IN GAINING ACCESS TO THE INVOLUNTARY OUTPATIENT. SUCH ORDER TO MEDICATE
11 SHALL REMAIN IN EFFECT UPON THE RE-HOSPITALIZATION OF THE PATIENT.
12 (H) PROVIDERS OF SERVICES. (1) UPON RECEIVING THE NAME AND ADDRESS OF
13 A PROVIDER OF SERVICES, THE COURT SHALL ORDER SUCH PROVIDER OF SERVICES
14 TO PROMPTLY NOTIFY THE OUTPATIENT TREATMENT PSYCHIATRIST OR THE OUTPA-
15 TIENT TREATMENT PSYCHIATRIST‘S DESIGNEE OF ANY KNOWLEDGE OR SUSPICION,
16 ARISING DURING THE PERIOD OF ASSISTED OUTPATIENT TREATMENT, THAT THE
17 INVOLUNTARY OUTPATIENT IS NOT IN COMPLIANCE WITH THE TREATMENT ORDERED
18 BY THE COURT.
19 (2) IF AT ANY TIME DURING THE PERIOD OF ASSISTED OUTPATIENT TREATMENT
20 A PROVIDER OF SERVICES WITHDRAWS, OR IS REMOVED BY THE OUTPATIENT TREAT-
21 MENT PSYCHIATRIST FROM THE TREATMENT OF THE INVOLUNTARY OUTPATIENT, THE
22 DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE OR THE COMMISSION-
23 ER OF MENTAL HEALTH OR HIS OR HER DESIGNEE SHALL PROVIDE OR ARRANGE FOR
24 THE REPLACEMENT OF THE WITHDRAWN OR RELEASED PROVIDER OF SERVICES,
25 UNLESS THE OUTPATIENT TREATMENT PSYCHIATRIST CHOOSES TO INDEPENDENTLY
26 PROVIDE OR ARRANGE FOR THE REPLACEMENT OF SUCH SERVICES. THE DIRECTOR
27 OF COMMUNITY SERVICES OR COMMISSIONER OF MENTAL HEALTH OR THE OUTPATIENT
28 TREATMENT PSYCHIATRIST, DEPENDING ON WHICH HAS PROVIDED OR ARRANGED FOR
29 THE REPLACEMENT OF A PROVIDER OF SERVICES, SHALL NOTIFY THE COURT OF
30 SUCH REPLACEMENT AND PROVIDE THE COURT WITH THE NAME AND ADDRESS OF THE
31 SUCCEEDING PROVIDER OF SERVICES. UPON RECEIVING SUCH NOTIFICATION, THE
32 COURT SHALL VACATE ITS PREVIOUS ORDER WITH RESPECT TO THE WITHDRAWN OR
33 RELEASED PROVIDER OF SERVICES, AND ORDER THE SUCCEEDING PROVIDER OF
34 SERVICES TO PROMPTLY NOTIFY THE OUTPATIENT TREATMENT PSYCHIATRIST OR THE
35 OUTPATIENT TREATMENT PSYCHIATRIST‘S DESIGNEE OF ANY KNOWLEDGE OR SUSPI-
36 CION, ARISING DURING THE PERIOD OF ASSISTED OUTPATIENT TREATMENT, THAT
37 THE INVOLUNTARY OUTPATIENT IS NOT IN COMPLIANCE WITH THE TREATMENT
38 ORDERED BY THE COURT.
39 (3) NO PROVIDER OF SERVICES MAY CLOSE A CASE WITHOUT PRIOR COURT
40 AUTHORIZATION.
41 (I) PETITIONS FOR ADDITIONAL PERIODS OF TREATMENT. PRIOR TO THE EXPI-
42 RATION OF AN ORDER OF ASSISTED OUTPATIENT TREATMENT ANY PERSON AUTHOR-
43 IZED TO FILE A PETITION UNDER PARAGRAPH ONE OF SUBDIVISION (C) OF THIS
44 SECTION MAY PETITION THE COURT TO ORDER CONTINUED ASSISTED OUTPATIENT
45 TREATMENT FOR A PERIOD NOT TO EXCEED TWELVE MONTHS. THE PROCEDURES FOR
46 OBTAINING ANY ORDER PURSUANT TO THIS SUBDIVISION SHALL BE IN ACCORDANCE
47 WITH THIS SECTION; PROVIDED, HOWEVER, THE EVIDENTIARY STANDARD FOR SUCH
48 CONTINUED TREATMENT SHALL BE THE SAME AS THAT USED IN PARAGRAPH THREE OF
49 SUBDIVISION (G) OF THIS SECTION. IF THE INVOLUNTARY OUTPATIENT INFORMS
50 THE COURT BY AFFIRMATION OR AFFIDAVIT THAT HE OR SHE AGREES TO THE
51 CONTINUATION OF ASSISTED OUTPATIENT TREATMENT, THE COURT MAY CONTINUE
52 THE ORDER WITHOUT A HEARING.
53 (J) PETITION FOR AN ORDER TO STAY, VACATE OR MODIFY. (1) IN ADDITION
54 TO ANY OTHER RIGHT OR REMEDY AVAILABLE BY LAW WITH RESPECT TO AN ORDER
55 FOR ASSISTED OUTPATIENT TREATMENT, AN INVOLUNTARY OUTPATIENT OR HIS OR
56 HER REPRESENTATIVE MAY PETITION THE COURT, ON NOTICE TO THE OUTPATIENT
A. 7146 6
1 TREATMENT PSYCHIATRIST AND THE PERSON WHO PETITIONED FOR THE ASSISTED
2 OUTPATIENT TREATMENT ORDER, TO STAY, VACATE OR MODIFY THE ORDER.
3 (2) THE OUTPATIENT TREATMENT PSYCHIATRIST SHALL PETITION THE COURT FOR
4 APPROVAL BEFORE INSTITUTING A PROPOSED MATERIAL CHANGE IN THE ASSISTED
5 OUTPATIENT TREATMENT PLAN. NON-MATERIAL CHANGES MAY BE INSTITUTED BY
6 SUCH PSYCHIATRIST WITHOUT COURT APPROVAL. FOR THE PURPOSES OF THIS PARA-
7 GRAPH, A MATERIAL CHANGE SHALL MEAN AN ADDITION OF A CATEGORY OF
8 SERVICES FROM THE ORDER OF THE COURT.
9 (K) REVIEW. REVIEW OF AN ORDER ISSUED PURSUANT TO THIS SECTION SHALL
10 BE THE SAME AS SPECIFIED IN SECTION 9.35 OF THIS ARTICLE.
11 (1) FORCIBLE MEDICATION. MEDICATION ADMINISTERED UNDER COURT ORDER
12 PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH THREE OF SUBDIVISION (G) OF
13 THIS SECTION SHALL BE ADMINISTERED IN A MANNER AND PLACE THAT, IN THE
14 BEST JUDGMENT OF THE PHYSICIAN ADMINISTERING SUCH MEDICATION AND
15 CONSISTENT WITH THE STANDARDS OF THE MEDICAL COMMUNITY IN WHICH HE OR
16 SHE PRACTICES, IS CLINICALLY APPROPRIATE, SAFE, AND CONSISTENT WITH THE
17 DIGNITY AND PRIVACY OF THE INVOLUNTARY OUTPATIENT.
18 (M) AFFECT OF DETERMINATION THAT A PERSON IS IN NEED OF ASSISTED
19 OUTPATIENT TREATMENT. THE DETERMINATION BY A COURT THAT A PATIENT IS IN
20 NEED OF ASSISTED OUTPATIENT TREATMENT UNDER THIS SECTION SHALL NOT BE
21 CONSTRUED OR DEEMED TO BE A DETERMINATION THAT SUCH PATIENT IS IMPAIRED,
22 INCOMPETENT OR INCAPACITATED PURSUANT TO ARTICLE EIGHTY-ONE OF THIS
23 CHAPTER.
24 (N) MEDICAID ELIGIBILITY. ANY PERSON WHO SATISFIES ALL STATE AND
25 FEDERAL MEDICAID ELIGIBILITY CRITERIA FOR HOSPITAL-BASED TREATMENT SHALL
26 BE PRESUMED ELIGIBLE AND SHALL IMMEDIATELY QUALIFY FOR MEDICAID COVERAGE
27 FOR ASSISTED OUTPATIENT TREATMENT. 28 (O) FALSE PETITION. A PERSON WHO FILES A PETITION PURSUANT TO THIS
29 SECTION THAT HE OR SHE KNOWS TO CONTAIN A FALSE STATEMENT OR FALSE
30 INFORMATION SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
31 (P) EXCEPTION. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT
32 THE ABILITY OF THE DIRECTOR OF A HOSPITAL TO RECEIVE, ADMIT, OR RETAIN
33 PATIENTS WHO OTHERWISE MEET THE PROVISIONS OF THIS ARTICLE REGARDING
34 RECEIPT, RETENTION OR ADMISSION.
35 (Q) EDUCATION PILOT PROGRAM. THE OFFICE OF MENTAL HEALTH SHALL, WITH
36 THE ASSISTANCE OF THE OFFICE OF THE COURT ADMINISTRATION, ESTABLISH A
37 FOUR YEAR PILOT PROGRAM TO EDUCATE THE JUDICIARY ABOUT ASSISTED OUTPA-
38 TIENT TREATMENT AND ASSIST THE JUDICIARY IN TRAINING AGENTS OF THE COURT
39 TO PROVIDE ASSISTANCE TO FAMILIES AND INTERESTED PARTIES IN FILING
40 PETITIONS ON BEHALF OF IN NEED CONSUMERS.
41 (R) ANNUAL REPORTS. ON OR BEFORE JULY FIRST OF EACH YEAR, THE DEPART-
42 MENT SHALL SUBMIT A REPORT TO THE STATE COMMISSION ON QUALITY OF CARE
43 FOR THE MENTALLY DISABLED AND THE CHAIRPERSONS OF THE SENATE AND ASSEM-
44 BLY COMMITTEES ON MENTAL HYGIENE CONCERNING THE OPERATION OF THIS
45 SECTION. SUCH REPORTS SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, THE
46 NUMBER OF PERSONS IN THE PRIOR CALENDAR YEAR SUBJECT TO ASSISTED OUTPA-
47 TIENT TREATMENT WITHIN EACH COUNTY, THE NUMBER OF EX PARTE PETITIONS
48 FILED IN THE PRIOR CALENDAR YEAR PURSUANT TO SUBPARAGRAPHS (V) AND (VI)
49 OF PARAGRAPH TWO OF SUBDIVISION (G) OF THIS SECTION WITHIN EACH COUNTY,
50 AND ANY RECOMMENDATIONS TO IMPROVE THE FUNCTIONALITY OF THIS SECTION.
51 (S) REGULATIONS. IN ORDER TO IMPLEMENT THE PROVISIONS OF THIS SECTION,
52 THE DEPARTMENT MAY ADOPT APPROPRIATE RULES AND REGULATIONS.
53 S 2. Severability. If any clause, sentence, paragraph, section or part
54 of this act shall be adjudged by any court of competent jurisdiction to
55 be invalid, such judgement shall not affect, impair or invalidate the
56 remainder thereof, but shall be confined in its operation to the clause,
A. 7146 7
1 sentence, paragraph, section or part thereof directly involved in the
2 controversy in which such judgment shall have been rendered.
3 S 3. This act shall take effect 180 days after it shall have become a
4 law provided, however, that any rules and regulations necessary for the
5 implementation of this act shall be promulgated on or before such date.
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