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S3650Senate2015-2016 Session

Relates to involuntary admittance

Sponsor Robert OrttSD-62+1 co-sponsor
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Sponsors

Primary sponsor
Robert Ortt

Senator · Senate District 62

Chair, Mental Health And Developmental Disabilities

1 Co-sponsor

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.228
  5. Referred to mental health and developmental disabilities
  6. Committed to rules
  7. Amended on third reading 3650a
  8. Advanced to third reading
  9. 2nd report cal.
  10. 1st report cal.664
  11. Referred to mental health and developmental disabilities

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S3650A

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 initially admitted involuntarily for treatment.

Summary of provisions

Section 1 amends section 9.27 of the mental hygiene law to require that when there is an initial involuntary admittance to an inpatient 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 as well as other mitigating factors.

Section 2 amend section 9.39 of the mental hygiene law to require that when there is an initial 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 as well as other mitigating factors.

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 :evel 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. S5453A. Referred to Mental health and Disabilities.

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.

Fiscal implications

Negligible.

Effective date

120th day.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.