What's happening
This bill requires that incapacitated individuals at treatment facilities be retained for up to 72 hours, regardless of earlier recovery.
Why it matters
Mandates a minimum retention period. The bill changes the current law from allowing treatment facilities to release incapacitated individuals as soon as they recover, to requiring that such individuals be held for up to 72 hours, even if they regain capacity sooner.
Expands involuntary holds. By shifting language from “may” to “shall” regarding retention, the bill increases the authority—and obligation—of facilities to keep someone against their will, raising concerns about civil liberties and personal autonomy.
Potential impact on facility resources and patient care. The required 72-hour hold could strain resources at treatment centers, possibly limiting availability for new patients and affecting the care provided due to increased occupancy.
Legal and ethical considerations. The change may prompt further debate about balancing individual rights with public safety, especially for those who recover quickly but are still forced to remain in a facility for the entire period.
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Who cares
Headline styles
Set 72-Hour Retention Limit
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to alcoholism and drug abuse
- Referred to alcoholism and drug abuse
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1588
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Alcoholism and Drug Abuse
AN ACT to amend the mental hygiene law, in relation to the amount of time persons who are incapacitated by alcohol and/or substances, to the degree that there is a likelihood it will result in harm to the person or others, may be retained without giving consent
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 5 of subdivision (b) of section 22.09 of the mental hygiene law, as amended by section 1 of part D of chapter 69 of the laws of 2016, is amended to read as follows:
5. A person who comes voluntarily or is brought with his or her objection to a treatment facility shall be examined as soon as possible but not more than twelve hours after arriving at such treatment facility by an examining physician. If such examining physician determines that such person is incapacitated by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others, he or she [may] shall be retained to receive emergency services and shall be regularly reevaluated to confirm continued incapacity by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others. If the examining physician determines at any time that such person is not incapacitated by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others, he or she [must] may be released. Notwithstanding any other law, in no event may such person be retained against his or her objection [beyond whichever is the shorter of the following: (i) the time that he or she is no longer incapacitated by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others or (ii)] for a period longer than seventy-two hours.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02216-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.