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Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- Amended 5453a
- 1st report cal.1137
- Referred to mental health and developmental disabilities
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5453A
Title of bill
An act to amend the mental hygiene law, in relation to involuntary admittance
Purpose
The purpose of the bill is to respect a patient's choice of facility when being admitted involuntarily for treatment.
Summary of provisions
Section 1 amends section 9.29 of the mental hygiene law to require that when there is an involuntary admittance to an in-patient facility the person's or the person's guardian's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived or if the health and safety of the individual would be jeopardized.
Section 2 amend section 9.39 of the mental hygiene law to require that when there is an involuntary admittance to an in-patient facility the person's or the person's guardian's choice of facility shall be respected. However, if the facility cannot provide an appropriate level of care or there is no bed available the patient's choice can be waived or if the health and safety of the individual would be jeopardize.
Justification
An individual with a mental illness should continue to have a choice in where they will receive services. An individual may have received services in the past at a certain facility where they may have the most success receiving services. Upon involuntary admittance the individual's choice should be upheld. However, in certain circumstances a person's choice may not be appropriate or may not meet the level of care they may require. The bill provides for circumstances in which a person's choice may be waived. These circumstances include when the facility of choice for a patient is not appropriate to meet the level of care that is needed or there is currently not a bed available for the person. In these cases the person's right of choice can be waived, in order to ensure the person receives immediate and appropriate care.
Legislative history
New bill.
Fiscal implications
To be determined
Effective date
Takes effect on the 120th day after it becomes law. Effective immediately is the addition, amendment, or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.