What's happening
This bill amends the definition and admission process for involuntary care of people with developmental disabilities, adding stricter criteria for risk and updating application authority.
Why it matters
Narrows the criteria for involuntary admission. by requiring not just impaired judgment and need for care, but also that the individual poses a “real and present risk of substantial physical harm” to themselves or others—raising the threshold for when someone can be admitted without their consent.
Potentially increases protections for individual rights. by making it harder to admit people involuntarily unless there is clear evidence of immediate danger, which could reduce unnecessary or unjustified institutionalizations.
Shifts authority for admission applications. from the director of a facility to the state commissioner, centralizing oversight and possibly standardizing how involuntary admissions are handled across New York State.
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Who cares
People with developmental disabilities facing involuntary admission
The bill would require a real and present risk of substantial physical harm to themselves or others in addition to the existing criteria for involuntary care and treatment.
Office for People with Developmental Disabilities
The bill would shift authority to receive and retain residents involuntarily in a school from the school director to the commissioner.
Directors of schools serving people with developmental disabilities
The bill would remove their authority to receive and retain residents under this involuntary admission provision.
Examining physicians and certified psychologists
Their evaluations for involuntary admission would need to address the added substantial-physical-harm risk requirement.
Headline styles
Tighten Involuntary Admission Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Substituted by A7604
- Ordered to third reading cal.2172
- Reported and committed to rules
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update Involuntary Admission Rules
Signed by Governor · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6154
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
Introduced by Sen. ORTT -- (at request of the Office for People with Developmental Disabilities) -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to the definition of "in need of involuntary care and treatment" and to whom an application for such admission is made
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The third undesignated paragraph of section 15.01 of the mental hygiene law, as renumbered by chapter 978 of the laws of 1977, is amended to read as follows:
"in need of involuntary care and treatment" means that a person is in need of in-patient care and treatment as a resident in a school, that such care and treatment is essential to his or her welfare, and that his or her judgment is so impaired that he or she is unable to understand the need for such care and treatment and that he or she poses a real and present risk of substantial physical harm to himself or herself or others.
§ 2. Subsection (a) of section 15.27 of the mental hygiene law, as amended by chapter 37 of the laws of 2011, is amended to read as follows:
(a) [The director of a school] The commissioner may receive and retain [therein] in a school, as a resident any person alleged to have a developmental disability and be in need of involuntary care and treatment upon the certificates of two examining physicians or of one examining physician and one certified psychologist, accompanied by an application for the admission of such person. The examination may be conducted jointly but each examiner shall execute a separate certificate.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10120-02-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to the definition of "in need of involuntary care and treatment" and to whom an application for such admission is made
Purpose of the bill
This bill would amend the Mental Hygiene Law (MHL) to ensure the statutory definition of "in need of involuntary care and treatment" conforms to constitutional due process standards with respect to involuntary medical admissions.
Summary of provisions
Section 1 of this bill would amend MHL § 15.01 to clarify that the definition of "in need of involuntary care and treatment" expressly includes the requirement that the person being involuntarily confined poses a real and present threat of substantial harm to themselves or others.
Section 2 of the bill would amend MHL § 15.27 by deleting the reference in subsection (a) to "the director of a school" and replace it with "the commissioner."
Section 3 would provide for an immediate effective date.
Statement in support
The language of MHL § 15.01 does not explicitly require that the person must pose a substantial physical danger to themselves or others in order to be involuntarily confined. In order to comply with constitutional due process requirements, however, New York State courts as well as the Office of People with Developmental Disabilities (OPWDD) have interpreted this statute to require a showing of substantial physical danger to self or others prior to ordering involuntary confinement.
This bill would therefore amend MHL § 15.01 to expressly require that an involuntary confinement determination for purposes of care and treatment "must be based upon a finding that the person to be committed poses a real and present threat of substantial harm to themselves or others" (see In Re Scopes, 59 AD2d 203 (3d Dept. 1977) and Matter of Harry M., 96 AD2d 201 (2d Dept. 1983)). This would enhance public safety while protecting the constitutional rights of individuals who require involuntary care and treatment.
Second, when a person requires involuntary care and treatment, MHL § 15.27 currently allows the director of a school (e.g., developmental center) to receive and retain such person in the school. The detention must be supported by a formal application and the certification of two physicians or a physician and a certified psychologist. However, no guidance is provided to clarify which of OPWDD's multiple directors should receive the application. To address this concern, this bill would provide that the OPWDD Commissioner, rather than an unspecified director, may decide an application for individual involuntary care and treatment. This would eliminate any uncertainty as to where an application should be submitted and reflects the centralization by OPWDD of such decisions.
Prior legislative history
This is a new proposal.
Fiscal implications
None.
Effective date
This bill would take effect immediately upon signing.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.