Relates to emergency intervention for persons impaired by chemical substances

Section 2 lists definitions used in this article. This section allows for voluntary emergency services by requiring law enforcement to transport an individual who consents, to a facility that provides emergency services. This section also allows for a person who appears to be incapacitated by substance to the degree that there is a likelihood of harm to the person or others shall be taken to a treatment facility for the purposes of receiving emergency services.A person who comes voluntarily shall be provided emergency services at such place if found suitable or referred to another suitable facility or treatment program, or sent home.A person who is brought in with objection shall be examined by a physician as soon as possible, if such physician determines such person is incapacitated by substance to the degree that there is a likelihood to result in harm that individual may be retained for emergency treatment to achieve stabilization. This section also extends the hold time an individual may be held from 48 hours to 72 hours.

Subdivision (c) of this section allows for the director of a treatment facility to provide involuntary emergency services upon the certificate of a local director of community services or a physician when in their opinion the individual is incapacitated in such a way that their use of substance is likely to result in harm to himself, herself or others.The need for immediate involuntary emergency services shall be confirmed prior to admission by a physician affiliated with the facility. Excluding Sundays and holidays if it is recommended that the individual remain beyond seventy-two hours and the patient does not agree, the certificate of such physician attesting that the patient is in need shall be filed with the facility. From the time of the patient's admission the retention of an individual beyond seventy-two hours shall be subject to notice, hearing, review, and judicial approval.

Subdivision (d) allows a petition for emergency services to be sought for an adult or for a minor by petition to a local government unit's director of community services and further allows to designate those who may petition. States that a petition for admission shall be based upon a personal examination that must establish the reason for admission as to belief as to why the individual is a likelihood to result in harm to themselves or others. Each person admitted shall be provided with written notice regarding patient rights, have access to their personal attorney upon request and notice as to the availability of the mental hygiene legal service for legal counsel. The Commissioner shall promulgate regulations for taking individuals to their residence or to appropriate public or private treatment facilities and minimizing the role of police in obtaining treatment for such persons.

Section 2 adds a new section 22.13 of the mental hygiene law related to court authorization to retain an involuntary patient. If a person is in need of retention beyond seventy-two hours and if such patient does not agree to remain in such facility, the director shall apply to the supreme court of the county court for an order authorizing continued retention. The facility is authorized to retain the patient for seventy-two hours or during the period which the application may be pending not to exceed ninety days. Written notice shall be given to the patient as well as mental hygiene legal services. Notice shall state that a hearing may be requested by the patient within five days.

Section 3 Allows for involuntary admission procedures for minors. No minor shall be able to discharge themselves prior to the seventy-two hour hold time. A copy of their patient's rights shall be given and explained to the minor, and to the minor's consenting parent or guardian. The minor shall be required to sign a form indicating that he or she has been advised of their ability to access mental hygiene legal services. Further this section makes changes to discharge procedures allowing that the minor's parent or guardian consents to the release of the minor.

Section 4 is the effective date.

Justification

As we face an ever growing heroin problem, new laws are needed to help get individuals with addiction problems help. This legislation goes beyond heroin to cover other substances as well. However, let it not be lost that countless families throughout New York are looking for ways to get their loved ones help. Every option needs to be explored to get individuals into treatment. For example an individual who is revived using Nalaxone. A report by the National Institute on Drug Abuse titled Principles of Drug Addiction Treatment: A Research-Based Guide argues that treatment does not need to be voluntary to be effective.Specifically they state that "Sanctions or enticements from family, employment settings, and/or the criminal justice system can significantly increase treatment entry, retention rates, and the ultimate success of drug treatment interventions." This legislation allows for an individual to be held for up to 72 hours for detoxification as opposed to the current 48 hours. Beyond this the legislation takes important new steps to allow for an individual to be involuntarily committed for up to 90 days if they are found to be a danger to themselves and or others. It cannot be argued that an individual who has died and been brought back to life using Nalaxone should be considered a danger to themselves and this legislation would enable them to receive the treatment they deserve.

Prior legislative history

New Bill.

Fiscal implications

To be determined

Effective date

This act shall take effect immediately.