S 10218 NY

0likes☆Favorite🔕SubscribeShare

Skip to main content

New York State Assembly Speaker Carl E. Heastie

--> --> -->

Assembly Members

Legislative Info

Public Hearings

Speaker's Press

Assembly Reports

Committees & More

Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page.

Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10218 Summary: BILL NO S10218 &nbsp SAME AS No Same As &nbsp SPONSOR BOTTCHER &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd Ment Hyg L, generally &nbsp Relates to the hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness by qualified clinical examiners or qualified mental health professionals; defines qualified clinical examiner and qualified mental health professional.

Go to top S10218 Text:

STATE OF NEW YORK ________________________________________________________________________

10218

IN SENATE

May 6, 2026 ___________

Introduced by Sen. BOTTCHER -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to the hospitaliza- tion, care coordination, and assisted outpatient treatment for persons with mental illness by qualified clinical examiners or qualified mental health professionals

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. This act shall be known and may be cited as the "Harness 2 Expertise of Licensed Professionals Act" or the "H.E.L.P." act. 3 § 2. Section 9.01 of the mental hygiene law is amended by adding 2 new 4 subdivisions (h) and (i) to read as follows: 5 (h) "qualified clinical examiner" means a psychiatric nurse practi- 6 tioner certified by the department of education, a psychologist licensed 7 pursuant to article one hundred fifty-three of the education law, or a 8 clinical social worker licensed pursuant to article one hundred fifty- 9 four of the education law. 10 (i) "qualified mental health professional" means a qualified clinical 11 examiner, a professional nurse registered pursuant to article one 12 hundred thirty-nine of the education law, or any of the following work- 13 ing under the supervision of a physician or qualified clinical examiner: 14 a master social worker licensed pursuant to article one hundred fifty- 15 four of the education law, a mental health counselor licensed pursuant 16 to article one hundred sixty-three of the education law, or a marriage 17 and family therapist licensed pursuant to article one hundred sixty- 18 three of the education law. 19 § 3. Section 9.05 of the mental hygiene law, as amended by section 2 20 of part EE of chapter 57 of the laws of 2025, is amended to read as 21 follows: 22 § 9.05 Examining physicians, qualified clinical examiners, examining 23 psychiatric nurse practitioners , and medical certificates. 24 (a) A person is disqualified from acting as an examining physician , 25 qualified clinical examiner, or examining psychiatric nurse practitioner 26 in the following cases:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00751-04-6

S. 10218 2

1 1. if they are a relative of the person applying for the admission or 2 of the person alleged to be mentally ill. 3 2. if they are a manager, trustee, visitor, proprietor, officer, 4 director, or stockholder of the hospital in which the patient is hospi- 5 talized or to which it is proposed to admit such person, except as 6 otherwise provided in this chapter, or if they have any pecuniary inter- 7 est, directly or indirectly, in such hospital, provided that receipt of 8 fees, privileges, or compensation for treating or examining patients in 9 such hospital shall not be deemed to be a pecuniary interest. 10 3. if they are on the staff of a proprietary facility to which it is 11 proposed to admit such person. 12 (b) A certificate, as required by this article, must show that the 13 person is mentally ill and shall be based on an examination of the 14 person alleged to be mentally ill made within ten days prior to the date 15 of admission. The date of the certificate shall be the date of such 16 examination. All certificates shall contain the facts and circumstances 17 upon which the judgment of the physician , qualified clinical examiner, 18 or psychiatric nurse practitioner is based and shall show that the 19 condition of the person examined is such that they need involuntary care 20 and treatment in a hospital and such other information as the commis- 21 sioner may by regulation require. 22 § 4. The section heading and subdivisions (a), (d), and (e) of section 23 9.27 of the mental hygiene law, the section heading as renumbered by 24 chapter 978 of the laws of 1977, subdivisions (a), (d), and (e) as 25 amended by section 3 of part EE of chapter 57 of the laws of 2025, are 26 amended to read as follows: 27 Involuntary admission on [ medical ] clinical certification. 28 (a) The director of a hospital may receive and retain therein as a 29 patient any person alleged to be mentally ill and in need of involuntary 30 care and treatment upon the certificates of two examining physicians, 31 two examining qualified clinical examiners or a combination of an exam- 32 ining physician and an examining qualified clinical examiner, or upon 33 the certificates of an examining physician and a psychiatric nurse prac- 34 titioner. Such certificates shall be accompanied by an application for 35 the admission of such person. The examination may be conducted jointly 36 but each certifying practitioner or qualified clinical examiner shall 37 execute a separate certificate. 38 (d) Before an examining physician , qualified clinical examiner or 39 psychiatric nurse practitioner completes the certificate of examination 40 of a person for involuntary care and treatment, they shall consider 41 alternative forms of care and treatment that might be adequate to 42 provide for the person's needs without requiring involuntary hospitali- 43 zation. If the examining physician , qualified clinical examiner or 44 psychiatric nurse practitioner knows that the person they are examining 45 for involuntary care and treatment has been under prior treatment, they 46 shall, insofar as [ possible ] reasonable , consult with the physician or 47 [ psychologist ] qualified mental health professional furnishing such 48 prior treatment prior to completing their certificate. Nothing in this 49 section shall prohibit or invalidate any involuntary admission made in 50 accordance with the provisions of this chapter. 51 (e) The director of the hospital where such person is brought shall 52 cause such person to be examined forthwith by a physician or qualified 53 clinical examiner who shall be a member of the psychiatric staff of such 54 hospital other than the original examining physicians or psychiatric 55 nurse practitioner whose certificate or certificates accompanied the 56 application and, if such person is found to be in need of involuntary

S. 10218 3

1 care and treatment, they may be admitted thereto as a patient as herein 2 provided. 3 § 5. Section 9.29 of the mental hygiene law, as renumbered by chapter 4 978 of the laws of 1977 and subdivision (a) as amended by chapter 789 of 5 the laws of 1985, is amended to read as follows: 6 § 9.29 Involuntary admission on [ medical ] clinical certification; notice 7 of admission to patients and others. 8 (a) The director shall cause written notice of a person's involuntary 9 admission on an application supported by [ medical ] clinical certif- 10 ication to be given forthwith to the mental hygiene legal service. 11 (b) The director shall cause written notice of the admission of such 12 person, including such person's rights under this article, to be given 13 personally or by mail not later than five days, excluding Sunday and 14 holidays, after such admission to the following: 15 1. the nearest relative of the person alleged to be mentally ill, 16 other than the applicant, if there be any such person known to the 17 director. 18 2. as many as three additional persons, if designated in writing to 19 receive such notice by the person so admitted. 20 § 6. The section heading and subdivision (a) of section 9.31 of the 21 mental hygiene law, as renumbered by chapter 978 of the laws of 1977 and 22 subdivision (a) as amended by chapter 789 of the laws of 1985, are 23 amended to read as follows: 24 Involuntary admission on [ medical ] clinical certification; patient's 25 right to a hearing. 26 (a) If, at any time prior to the expiration of sixty days from the 27 date of involuntary admission of a patient on an application supported 28 by [ medical ] clinical certification, [ he ] such patient or any relative 29 or friend or the mental hygiene legal service gives notice in writing to 30 the director of request for hearing on the question of need for involun- 31 tary care and treatment, a hearing shall be held as herein provided. The 32 patient or person requesting a hearing on behalf of the patient may 33 designate the county where the hearing shall be held, which shall be 34 either in the county where the hospital is located, the county of the 35 patient's residence, or the county in which the hospital to which the 36 patient was first admitted is located. Such hearing shall be held in the 37 county so designated, subject to application by any interested party, 38 including the director, for change of venue to any other county because 39 of the convenience of parties or witnesses or the condition of the 40 patient upon notice to the persons required to be served with notice of 41 the patient's initial admission. 42 § 7. Subdivision (a) of section 9.33 of the mental hygiene law, as 43 amended by chapter 789 of the laws of 1985, is amended to read as 44 follows: 45 (a) If the director shall determine that a patient admitted upon an 46 application supported by [ medical ] clinical certification, for whom 47 there is no court order authorizing retention for a specified period, is 48 in need of retention and if such patient does not agree to remain in 49 such hospital as a voluntary patient, the director shall apply to the 50 supreme court or the county court in the county where the hospital is 51 located for an order authorizing continued retention. Such application 52 shall be made no later than sixty days from the date of involuntary 53 admission on application supported by [ medical ] clinical certification 54 or thirty days from the date of an order denying an application for 55 patient's release pursuant to section 9.31 of this article , whichever is 56 later; and the hospital is authorized to retain the patient for such

S. 10218 4

1 further period during which the hospital is authorized to make such 2 application or during which the application may be pending. The director 3 shall cause written notice of such application to be given the patient 4 and a copy thereof shall be given personally or by mail to the persons 5 required by this article to be served with notice of such patient's 6 initial admission and to the mental hygiene legal service. Such notice 7 shall state that a hearing may be requested and that failure to make 8 such a request within five days, excluding Sunday and holidays, from the 9 date that the notice was given to the patient will permit the entry 10 without a hearing of an order authorizing retention. 11 § 8. Section 9.37 of the mental hygiene law, as renumbered by chapter 12 978 of the laws of 1977, subdivision (a) as amended by chapter 723 of 13 the laws of 1989, subdivision (c) as amended by chapter 230 of the laws 14 of 2004, subdivision (d) as amended by chapter 357 of the laws of 1991 15 and relettered by chapter 343 of the laws of 1996, subdivisions (e) and 16 (f) as relettered by chapter 343 of the laws of 1996, and subdivision 17 (g) as added by chapter 978 of the laws of 1977 and relettered by chap- 18 ter 343 of the laws of 1996, is amended to read as follows: 19 § 9.37 Involuntary admission on certificate of a director of community 20 services or [ his ] the director's designee. 21 (a) The director of a hospital, upon application by a director of 22 community services or an examining physician or qualified clinical exam- 23 iner duly designated by [ him or her ] such director , may receive and care 24 for in such hospital as a patient any person who, in the opinion of the 25 director of community services or the director's designee, has a mental 26 illness for which immediate inpatient care and treatment in a hospital 27 is appropriate and which , without treatment, is likely to result in 28 serious harm to [ himself or herself ] themself or others. 29 The need for immediate hospitalization shall be confirmed by a [ staff ] 30 physician or qualified clinical examiner on the staff of the hospital 31 prior to admission. Within seventy-two hours, excluding Sunday and holi- 32 days, after such admission, if such patient is to be retained for care 33 and treatment beyond such time and [ he or she ] the patient does not 34 agree to remain in such hospital as a voluntary patient, the certificate 35 of another examining physician or qualified clinical examiner who is a 36 member of the psychiatric staff of the hospital that the patient is in 37 need of involuntary care and treatment shall be filed with the hospital. 38 From the time of [ his or her ] the patient's admission under this section 39 the retention of such patient for care and treatment shall be subject to 40 the provisions for notice, hearing, review, and judicial approval of 41 continued retention or transfer and continued retention provided by this 42 article for the admission and retention of involuntary patients, 43 provided that, for the purposes of such provisions, the date of admis- 44 sion of the patient shall be deemed to be the date when the patient was 45 first received in the hospital under this section. 46 (b) The application for admission of a patient pursuant to this 47 section shall be based upon a personal examination by a director of 48 community services or [ his ] the director's designee. It shall be in 49 writing and shall be filed with the director of such hospital at the 50 time of the patient's reception, together with a statement in a form 51 prescribed by the commissioner giving such information as [ he ] the 52 commissioner may deem appropriate. 53 (c) Notwithstanding the provisions of subdivision (b) of [ this ] 54 section 41.09 of this chapter , in counties with a population of less 55 than two hundred thousand, a director of community services [ who is a 56 licensed psychologist pursuant to article one hundred fifty-three of the

S. 10218 5

1 education law or a licensed clinical social worker pursuant to article 2 one hundred fifty-four of the education law but ] who is not a physician 3 or qualified clinical examiner may apply for the admission of a patient 4 pursuant to this section without [ a medical ] an examination by a desig- 5 nated physician or qualified clinical examiner , if a hospital approved 6 by the commissioner pursuant to section 9.39 of this article is not 7 located within thirty miles of the patient, and the director of communi- 8 ty services has made a reasonable effort to locate [ a designated ] an 9 examining physician or qualified clinical examiner designated pursuant 10 to section 41.09 of this chapter but such [ a ] designee is not immediate- 11 ly available and the director of community services, after personal 12 observation of the person, reasonably believes that [ he ] such person may 13 have a mental illness [ which ] that is likely to result in serious harm 14 to [ himself ] themself or others and inpatient care and treatment of such 15 person in a hospital may be appropriate. In the event of an application 16 pursuant to this subdivision, a physician or qualified clinical examiner 17 of the receiving hospital shall examine the patient and shall not admit 18 the patient unless [ he or she ] the examiner determines that the patient 19 has a mental illness for which immediate inpatient care and treatment in 20 a hospital is appropriate and [ which ] that is likely to result in seri- 21 ous harm to [ himself ] themself or others. If the patient is admitted, 22 the need for hospitalization shall be confirmed by another [ staff ] 23 physician or qualified clinical examiner on the staff of the hospital 24 within twenty-four hours. An application pursuant to this subdivision 25 shall be in writing and shall be filed with the director of such hospi- 26 tal at the time of the patient's reception, together with a statement in 27 a form prescribed by the commissioner giving such information as [ he ] 28 the commissioner may deem appropriate, including a statement of the 29 efforts made by the director of community services to locate a desig- 30 nated examining physician or qualified clinical examiner prior to making 31 an application pursuant to this subdivision. 32 (d) After signing the application, the director of community services 33 or the director's designee shall be authorized and empowered to take 34 into custody, detain, transport, and provide temporary care for any such 35 person. Upon the written [ request ] directive of such director or the 36 director's designee it shall be the duty of peace officers, when acting 37 pursuant to their special duties, or police officers who are members of 38 the state police or of an authorized police department or force or of a 39 sheriff's department to take into custody and transport any such person 40 as requested and directed by such director or designee. Upon the written 41 [ request ] directive of such director or designee, an ambulance service, 42 as defined in subdivision two of section three thousand one of the 43 public health law, is authorized to transport any such person. 44 (e) Reasonable expenses incurred by the director of community mental 45 hygiene services or [ his ] the director's designee for the examination 46 and temporary care of the patient and [ his ] such patient's transporta- 47 tion to and from the hospital shall be a charge upon the county from 48 which the patient was admitted and shall be paid from any funds avail- 49 able for such purposes. 50 (f) The provisions of this section shall not be applicable to continue 51 any patient in a hospital who has already been admitted to the hospital 52 under this or any other section of this article. 53 (g) If a person is examined and determined to be mentally ill the fact 54 that such person suffers from alcohol or substance abuse shall not 55 preclude commitment under this section.

S. 10218 6

1 § 8-a. Subdivision (a) of section 9.37 of the mental hygiene law, as 2 amended by section 4 of part EE of chapter 57 of the laws of 2025, is 3 amended to read as follows: 4 (a) The director of a hospital, upon application by a director of 5 community services or an examining physician or qualified clinical exam- 6 iner duly designated by them, may receive and care for in such hospital 7 as a patient any person who, in the opinion of the director of community 8 services or their designee, has a mental illness for which immediate 9 inpatient care and treatment in a hospital is appropriate and which , 10 without treatment, is likely to result in serious harm to themself or 11 others. "Likelihood of serious harm" shall mean: 12 1. substantial risk of physical harm to themself as manifested by 13 threats of or attempts at suicide or serious bodily harm or other 14 conduct demonstrating that they are dangerous to themself, or 15 2. a substantial risk of physical harm to other persons as manifested 16 by homicidal or other violent behavior by which others are placed in 17 reasonable fear or serious physical harm, or 18 3. a substantial risk of physical harm to the person due to an inabil- 19 ity or refusal, as a result of their mental illness, to provide for 20 their own essential needs such as food, clothing, necessary medical 21 care, personal safety, or shelter. 22 The need for immediate hospitalization shall be confirmed by a [ staff ] 23 physician or qualified clinical examiner on the staff of the hospital 24 prior to admission. Within seventy-two hours, excluding Sunday and holi- 25 days, after such admission, if such patient is to be retained for care 26 and treatment beyond such time and they do not agree to remain in such 27 hospital as a voluntary patient, the certificate of another examining 28 physician or qualified clinical examiner who is a member of the psychi- 29 atric staff of the hospital that the patient is in need of involuntary 30 care and treatment shall be filed with the hospital. From the time of 31 their admission under this section the retention of such patient for 32 care and treatment shall be subject to the provisions for notice, hear- 33 ing, review, and judicial approval of continued retention or transfer 34 and continued retention provided by this article for the admission and 35 retention of involuntary patients, provided that, for the purposes of 36 such provisions, the date of admission of the patient shall be deemed to 37 be the date when the patient was first received in the hospital under 38 this section. 39 § 9. The second undesignated paragraph of subdivision (a) and subdivi- 40 sion (b) of section 9.39 of the mental hygiene law, the second undesig- 41 nated paragraph of subdivision (a) as amended by section 5 of part EE of 42 chapter 57 of the laws of 2025 and such section as renumbered by chapter 43 978 of the laws of 1977, are amended to read as follows: 44 The director shall admit such person pursuant to the provisions of 45 this section only if a [ staff ] physician or qualified clinical examiner 46 on the staff of the hospital upon examination of such person finds that 47 such person qualifies under the requirements of this section. Such 48 person shall not be retained for a period of more than forty-eight hours 49 unless within such period such finding is confirmed after examination by 50 another physician or qualified clinical examiner who shall be a member 51 of the psychiatric staff of the hospital. Such person shall be served, 52 at the time of admission, with written notice of their status and rights 53 as a patient under this section. Such notice shall contain the patient's 54 name. At the same time, such notice shall also be given to the mental 55 hygiene legal service and personally or by mail to such person or 56 persons, not to exceed three in number, as may be designated in writing

S. 10218 7

1 to receive such notice by the person alleged to be mentally ill. If at 2 any time after admission, the patient, any relative, friend, or the 3 mental hygiene legal service gives notice to the director in writing of 4 request for court hearing on the question of need for immediate observa- 5 tion, care, and treatment, a hearing shall be held as herein provided as 6 soon as practicable but in any event not more than five days after such 7 request is received, except that the commencement of such hearing may be 8 adjourned at the request of the patient. It shall be the duty of the 9 director upon receiving notice of such request for hearing to forward 10 forthwith a copy of such notice with a record of the patient to the 11 supreme court or county court in the county where such hospital is 12 located. A copy of such notice and record shall also be given to the 13 mental hygiene legal service. The court which receives such notice shall 14 fix the date of such hearing and cause the patient or other person 15 requesting the hearing, the director, the mental hygiene legal service 16 and such other persons as the court may determine to be advised of such 17 date. Upon such date, or upon such other date to which the proceeding 18 may be adjourned, the court shall hear testimony and examine the person 19 alleged to be mentally ill, if it be deemed advisable in or out of 20 court, and shall render a decision in writing that there is reasonable 21 cause to believe that the patient has a mental illness for which immedi- 22 ate inpatient care and treatment in a hospital is appropriate and 23 [ which ] that is likely to result in serious harm to themself or others. 24 If it be determined that there is such reasonable cause, the court shall 25 forthwith issue an order authorizing the retention of such patient for 26 any such purpose or purposes in the hospital for a period not to exceed 27 fifteen days from the date of admission. Any such order entered by the 28 court shall not be deemed to be an adjudication that the patient is 29 mentally ill, but only a determination that there is reasonable cause to 30 retain the patient for the purposes of this section. 31 (b) Within fifteen days of arrival at the hospital, if a determination 32 is made that the person is not in need of involuntary care and treat- 33 ment, [ he ] such person shall be discharged unless [ he ] such person 34 agrees to remain as a voluntary or informal patient. If [ he ] such person 35 is in need of involuntary care and treatment and does not agree to 36 remain as a voluntary or informal patient, [ he ] such person may be 37 retained beyond such fifteen day period only by admission to such hospi- 38 tal or another appropriate hospital pursuant to the provisions governing 39 involuntary admission on application supported by [ medical ] clinical 40 certification and subject to the provisions for notice, hearing, review, 41 and judicial approval of retention or transfer and retention governing 42 such admissions, provided that, for the purposes of such provisions, the 43 date of admission of the patient shall be deemed to be the date when the 44 patient was first received under this section. If a hearing has been 45 requested pursuant to the provisions of subdivision (a) of this section , 46 the filing of an application for involuntary admission on [ medical ] 47 clinical certification shall not delay or prevent the holding of the 48 hearing. 49 § 10. Subdivisions (a-1), (b) and (c) of section 9.40 of the mental 50 hygiene law, subdivision (a-1) as added and subdivision (b) as amended 51 by section 2 of part PPP of chapter 58 of the laws of 2020, and subdi- 52 vision (c) as added by chapter 723 of the laws of 1989, are amended to 53 read as follows: 54 (a-1) The director shall cause triage and referral services to be 55 provided by a psychiatric nurse practitioner or physician of the program 56 as soon as such person is received into the comprehensive psychiatric

S. 10218 8

1 emergency program. After receiving triage and referral services, such 2 person shall be appropriately treated and discharged, or referred for 3 further crisis intervention services including an examination by a 4 physician or qualified clinical examiner as described in subdivision (b) 5 of this section. 6 (b) The director shall cause examination of such persons not 7 discharged after the provision of triage and referral services to be 8 initiated by a [ staff ] physician or qualified clinical examiner on the 9 staff of the program as soon as practicable and in any event within six 10 hours after the person is received into the program's emergency room. 11 Such person may be retained for observation, care and treatment and 12 further examination for up to twenty-four hours if, at the conclusion of 13 such examination, such physician or qualified clinical examiner deter- 14 mines that such person may have a mental illness for which immediate 15 observation, care and treatment in a comprehensive psychiatric emergency 16 program is appropriate, and [ which ] that is likely to result in serious 17 harm to [ the person ] themself or others. 18 (c) No person shall be involuntarily retained in accordance with this 19 section for more than twenty-four hours, unless (i) within that time the 20 determination of the examining staff physician or qualified clinical 21 examiner has been confirmed after examination by another physician or 22 qualified clinical examiner who is a member of the psychiatric staff of 23 the program and (ii) the person is admitted to an extended observation 24 bed, as such term is defined in section 31.27 of this chapter. At the 25 time of admission to an extended observation bed, such person shall be 26 served with written notice of [ his ] their status and rights as a patient 27 under this section. Such notice shall contain the patient's name. The 28 notice shall be provided to the same persons and in the manner as if 29 provided pursuant to subdivision (a) of section 9.39 of this article. 30 Written requests for court hearings on the question of need for immedi- 31 ate observation, care and treatment shall be made, and court hearings 32 shall be scheduled and held, in the manner provided pursuant to subdivi- 33 sion (a) of section 9.39 of this article, provided however, if a person 34 is removed or admitted to a hospital pursuant to subdivision (e) or (f) 35 of this section the director of such hospital shall be substituted for 36 the director of the comprehensive psychiatric emergency program in all 37 legal proceedings regarding the continued retention of the person. 38 § 11. Paragraph 3 of subdivision (b) of section 9.47 of the mental 39 hygiene law, as amended by chapter 158 of the laws of 2005, is amended 40 to read as follows: 41 (3) filing of petitions for assisted outpatient treatment pursuant to 42 [ paragraph ] subparagraph (vii) of paragraph one of subdivision (e) of 43 section 9.60 of this article, and documenting the petition filing date 44 and the date of the court order; 45 § 12. Section 9.55 of the mental hygiene law, as amended by chapter 46 598 of the laws of 1994, is amended to read as follows: 47 § 9.55 Emergency admissions for immediate observation, care and treat- 48 ment; powers of qualified psychiatrists and qualified clinical 49 examiner . 50 A qualified psychiatrist or qualified clinical examiner shall have the 51 power to direct the removal of any person[ , ] whose treatment for a 52 mental illness [ he or she ] the qualified psychiatrist or qualified clin- 53 ical examiner is either supervising or providing in a facility licensed 54 or operated by the office of mental health [ which ] that does not have an 55 inpatient psychiatric service, to a hospital approved by the commission- 56 er pursuant to subdivision (a) of section 9.39 of this article or to a

S. 10218 9

1 comprehensive psychiatric emergency program, if [ he or she ] the quali- 2 fied psychiatrist or qualified clinical examiner determines upon exam- 3 ination of such person that such person appears to have a mental illness 4 for which immediate observation, care and treatment in a hospital is 5 appropriate and [ which ] that is likely to result in serious harm to 6 [ himself or herself ] themself or others. Upon the [ request ] directive of 7 such qualified psychiatrist or qualified clinical examiner , peace offi- 8 cers, when acting pursuant to their special duties, or police officers, 9 who are members of an authorized police department or force or of a 10 sheriff's department shall take into custody and transport any such 11 person. Upon the request of a qualified psychiatrist or qualified clin- 12 ical examiner, an ambulance service, as defined by subdivision two of 13 section three thousand one of the public health law, is authorized to 14 transport any such person. Such person may then be admitted to a hospi- 15 tal in accordance with the provisions of section 9.39 of this article or 16 to a comprehensive psychiatric emergency program in accordance with the 17 provisions of section 9.40 of this article. 18 § 12-a. Section 9.55 of the mental hygiene law, as amended by chapter 19 847 of the laws of 1987, is amended to read as follows: 20 § 9.55 Emergency admissions for immediate observation, care and treat- 21 ment; powers of qualified psychiatrists and qualified clinical 22 examiner . 23 A qualified psychiatrist or qualified clinical examiner shall have the 24 power to direct the removal of any person[ , ] whose treatment for a 25 mental illness [ he ] the qualified psychiatrist or qualified clinical 26 examiner is either supervising or providing in a facility licensed or 27 operated by the office of mental health [ which ] that does not have an 28 inpatient psychiatric service, to a hospital approved by the commission- 29 er pursuant to subdivision (a) of section 9.39 of this article, if [ he ] 30 the qualified psychiatrist or qualified clinical examiner determines 31 upon examination of such person that such person appears to have a 32 mental illness for which immediate observation, care and treatment in a 33 hospital is appropriate and [ which ] that is likely to result in serious 34 harm to [ himself ] themself or others, as defined in section 9.39 of this 35 article. Upon the [ request ] directive of such qualified psychiatrist or 36 qualified clinical examiner , peace officers, when acting pursuant to 37 their special duties, or police officers, who are members of an author- 38 ized police department or force or of a sheriff's department shall take 39 into custody and transport any such person. Upon the request of a quali- 40 fied psychiatrist or qualified clinical examiner, an ambulance service, 41 as defined by subdivision two of section three thousand one of the 42 public health law, is authorized to transport any such person. Such 43 person may then be admitted in accordance with the provisions of section 44 9.39 of this article. 45 § 13. The mental hygiene law is amended by adding a new section 9.56 46 to read as follows: 47 § 9.56 Transport for evaluation; powers of specialized staff of shelter 48 for adults facilities. 49 (a) A physician or qualified mental health professional who has 50 completed training pursuant to subdivision (c) of this section and is 51 employed as a clinical staff member or clinical contractor of a shelter 52 for adults facility as defined in section two of the social services law 53 shall be authorized to request that the director of such facility, or 54 such director's designee, direct the removal of any resident of such 55 facility who appears to be mentally ill and is acting in a manner that 56 is likely to result in serious harm to themself or others, to a hospital

S. 10218 10

1 approved by the commissioner pursuant to subdivision (a) of section 9.39 2 or section 31.27 of this chapter or, where such physician or qualified 3 mental health professional deems appropriate and the person voluntarily 4 agrees, to a crisis stabilization center specified in section 36.01 of 5 this chapter. 6 (b) A facility director or director's designee who receives a request 7 from a physician or qualified mental health professional pursuant to 8 subdivision (a) of this section may direct peace officers acting pursu- 9 ant to their special duties, or police officers who are members of an 10 authorized police department or force or of a sheriff's department, to 11 take into custody and transport the resident identified in such request. 12 Upon the request of such facility director or designee, an ambulance 13 service, as defined in subdivision two of section three thousand one of 14 the public health law, is authorized to transport any such persons. Such 15 persons may then be evaluated for admission in accordance with the 16 provisions of section 9.27, 9.39, 9.40 or other sections of this arti- 17 cle, provided that such transport shall not create a presumption that 18 the person should be involuntarily admitted to a hospital. 19 (c) The commissioner shall develop standards relating to the training 20 requirements of physicians and mental health professionals authorized to 21 request transport pursuant to this section. Such training shall, at a 22 minimum, help to ensure that crisis and emergency services are provided 23 in a manner that protects the health and safety, and respects the indi- 24 vidual needs and rights, of persons being evaluated or transported 25 pursuant to this section. 26 (d) A person removed to a hospital pursuant to this section shall 27 maintain their status as a resident of the shelter for adults facility 28 until admitted as a patient at such hospital or for twenty-four hours 29 following such person's release upon a determination by a physician or 30 qualified clinical examiner at such hospital to not admit the person as 31 a patient; provided that this section shall not prevent the shelter for 32 adults facility from continuing such person's residency status for a 33 longer period at the discretion of the facility director or as the 34 facility may otherwise be obligated. Any personal property of such 35 person located at the facility at the time of removal shall be securely 36 maintained by the facility for the duration of any resulting hospitali- 37 zation or crisis stabilization, unless transferred to another party upon 38 such person's request. 39 § 14. Section 9.57 of the mental hygiene law, as amended by chapter 40 598 of the laws of 1994, is amended to read as follows: 41 § 9.57 Emergency admissions for immediate observation, care and treat- 42 ment; powers of emergency room physicians or qualified clinical 43 examiners . 44 A physician or qualified clinical examiner who has examined a person 45 in an emergency room or provided emergency medical services at a general 46 hospital, as defined in article twenty-eight of the public health law, 47 [ which ] that does not have an inpatient psychiatric service, or a physi- 48 cian or qualified clinical examiner who has examined a person in a 49 comprehensive psychiatric emergency program shall be authorized to 50 request that the director of the program or hospital, or the director's 51 designee, direct the removal of such person to a hospital approved by 52 the commissioner pursuant to subdivision (a) of section 9.39 of this 53 article or to a comprehensive psychiatric emergency program, if the 54 physician or qualified clinical examiner determines upon examination of 55 such person that such person appears to have a mental illness for which 56 immediate care and treatment in a hospital is appropriate and [ which ]

S. 10218 11

1 that is likely to result in serious harm to [ himself ] themself or 2 others. Upon the request of the physician or qualified clinical 3 examiner , the director of the program or hospital or the director's 4 designee[ , ] is authorized to direct peace officers, when acting pursuant 5 to their special duties, or police officers[ , ] who are members of an 6 authorized police department or force or of a sheriff's department , to 7 take into custody and transport any such person. Upon the request of an 8 emergency room physician or qualified clinical examiner or the director 9 of the program or hospital, or the director's designee, an ambulance 10 service, as defined by subdivision two of section three thousand one of 11 the public health law, is authorized to take into custody and transport 12 any such person. Such person may then be admitted to a hospital in 13 accordance with the provisions of section 9.39 of this article or to a 14 comprehensive psychiatric emergency program in accordance with the 15 provisions of section 9.40 of this article. 16 § 14-a. Section 9.57 of the mental hygiene law, as amended by chapter 17 847 of the laws of 1987, is amended to read as follows: 18 § 9.57 Emergency admissions for immediate observation, care and treat- 19 ment; powers of emergency room physicians or qualified clinical 20 examiner . 21 A physician or qualified clinical examiner who has examined a person 22 in an emergency room or provided emergency medical services at a general 23 hospital, as defined in article twenty-eight of the public health law, 24 [ which ] that does not have an inpatient psychiatric service, shall be 25 authorized to request that the director of the hospital, or [ his ] the 26 director's designee, direct the removal of such person to a hospital 27 approved by the commissioner pursuant to subdivision (a) of section 9.39 28 of this article, if the physician or qualified clinical examiner deter- 29 mines upon examination of such person that such person appears to have a 30 mental illness for which immediate care and treatment in a hospital is 31 appropriate and [ which ] that is likely to result in serious harm to 32 [ himself ] themself or others, as defined in section 9.39 of this arti- 33 cle. Upon the request of the physician or qualified clinical examiner , 34 the director of the hospital or [ his ] the director's designee, is 35 authorized to direct peace officers, when acting pursuant to their 36 special duties, or police officers[ , ] who are members of an authorized 37 police department or force or of a sheriff's department , to take into 38 custody and transport any such person. Upon the request of an emergency 39 room physician or qualified clinical examiner, or the director of the 40 hospital, or [ his ] the director's designee, an ambulance service, as 41 defined by subdivision two of section three thousand one of the public 42 health law, is authorized to take into custody and transport any such 43 person. Such person may then be admitted in accordance with the 44 provisions of section 9.39 of this article. 45 § 15. Subdivisions (b), (c) and (d) of section 9.58 of the mental 46 hygiene law, as added by chapter 678 of the laws of 1994, and paragraph 47 2 of subdivision (d) as amended by chapter 230 of the laws of 2004, are 48 amended to read as follows: 49 (b) If the team physician or qualified mental health professional 50 determines that it is necessary to effectuate transport, [ he or she ] 51 such physician shall direct peace officers, when acting pursuant to 52 their special duties, or police officers, who are members of an author- 53 ized police department or force or of a sheriff's department, to take 54 into custody and transport any persons identified in subdivision (a) of 55 this section. Upon the request of such physician or qualified mental 56 health professional, an ambulance service, as defined in subdivision two

S. 10218 12

1 of section three thousand one of the public health law, is authorized to 2 transport any such persons. Such persons may then be evaluated for 3 admission in accordance with the provisions of section 9.27, 9.39, 9.40 4 or other sections of this article, provided that [ such admission deci- 5 sions shall be made independent of the fact that the person was trans- 6 ported pursuant to the provisions of this section and, provided 7 further, ] such transport shall not create a presumption that the person 8 should be involuntarily admitted to a hospital. 9 (c) The commissioner shall be authorized to develop standards, in 10 consultation with the commissioner of the division of criminal justice 11 services, relating to the training requirements of teams established 12 pursuant to this section. Such training shall, at a minimum, help to 13 ensure that [ the provision of ] crisis and emergency services are 14 provided in a manner [ which ] that protects the health and safety and 15 respects the individual needs and rights of persons being evaluated or 16 transported pursuant to this section. 17 (d) As used in this section[ : 18 (1) "Approved ] , "approved mobile crisis outreach team" shall mean a 19 team of persons operating as part of a mobile crisis outreach program 20 approved by the commissioner of mental health, which may include mobile 21 crisis outreach teams funded pursuant to section 41.55 of this chapter. 22 [ (2) "Qualified mental health professional" shall mean a licensed 23 psychologist, registered professional nurse, licensed clinical social 24 worker or a licensed master social worker under the supervision of a 25 physician, psychologist or licensed clinical social worker. ] 26 § 16. Paragraphs 3 and 4 of subdivision (e) of section 9.60 of the 27 mental hygiene law, paragraph 3 as amended by chapter 158 of the laws of 28 2005, and paragraph 4 as amended by chapter 382 of the laws of 2015, are 29 amended to read as follows: 30 (3) The petition shall be accompanied by an affirmation or affidavit 31 of a physician or qualified clinical examiner , who shall not be the 32 petitioner, stating either that: 33 (i) such physician or qualified clinical examiner has personally exam- 34 ined the subject of the petition no more than ten days prior to the 35 submission of the petition, recommends assisted outpatient treatment for 36 the subject of the petition, and is willing and able to testify at the 37 hearing on the petition; or 38 (ii) no more than ten days prior to the filing of the petition, such 39 physician or qualified clinical examiner or [ his or her ] their designee 40 has made appropriate attempts but has not been successful in eliciting 41 the cooperation of the subject of the petition to submit to an examina- 42 tion, such physician or qualified clinical examiner has reason to 43 suspect that the subject of the petition meets the criteria for assisted 44 outpatient treatment, and such physician or qualified clinical examiner 45 is willing and able to examine the subject of the petition and testify 46 at the hearing on the petition. 47 (4) In counties with a population of less than eighty thousand, the 48 affirmation or affidavit required by paragraph three of this subdivision 49 may be made by a physician or qualified clinical examiner who is an 50 employee of the office. The office is authorized to make available, at 51 no cost to the county, a qualified physician or qualified clinical exam- 52 iner for the purpose of making such affirmation or affidavit consistent 53 with the provisions of such paragraph. 54 § 17. Subdivision (h) of section 9.60 of the mental hygiene law, as 55 amended by chapter 158 of the laws of 2005, paragraph 2 as amended by

S. 10218 13

1 section 2 of subpart H of part UU of chapter 56 of the laws of 2022, is 2 amended to read as follows: 3 (h) Hearing. (1) Upon receipt of the petition, the court shall fix the 4 date for a hearing. Such date shall be no later than three days from the 5 date such petition is received by the court, excluding Saturdays, 6 Sundays and holidays. Adjournments shall be permitted only for good 7 cause shown. In granting adjournments, the court shall consider the need 8 for further examination by a physician or qualified clinical examiner or 9 the potential need to provide assisted outpatient treatment expeditious- 10 ly. The court shall cause the subject of the petition, any other person 11 receiving notice pursuant to subdivision (f) of this section, the peti- 12 tioner, the physician or qualified clinical examiner whose affirmation 13 or affidavit accompanied the petition, and such other persons as the 14 court may determine , to be advised of such date. Upon such date, or upon 15 such other date to which the proceeding may be adjourned, the court 16 shall hear testimony and, if it be deemed advisable and the subject of 17 the petition is available, examine the subject of the petition in or out 18 of court. If the subject of the petition does not appear at the hearing, 19 and appropriate attempts to elicit the attendance of the subject have 20 failed, the court may conduct the hearing in the subject's absence. In 21 such case, the court shall set forth the factual basis for conducting 22 the hearing without the presence of the subject of the petition. 23 (2) The court shall not order assisted outpatient treatment unless an 24 examining physician[ , ] or qualified clinical examiner who recommends 25 assisted outpatient treatment and has personally examined the subject of 26 the petition no more than ten days before the filing of the petition, 27 testifies in person or by videoconference at the hearing. Provided 28 however, a physician or qualified clinical examiner shall only be 29 authorized to testify by video conference [ when it has been: (i) shown 30 that diligent efforts have been made to attend such hearing in person 31 and ] upon consent of the subject of the petition [ consents to the physi- 32 cian testifying by video conference; ] or [ (ii) the court orders the 33 physician to testify by video conference ] upon a finding of good cause. 34 Such physician or qualified clinical examiner shall state the facts and 35 clinical determinations which support the allegation that the subject of 36 the petition meets each of the criteria for assisted outpatient treat- 37 ment. 38 (3) If the subject of the petition has refused to be examined by a 39 physician or qualified clinical examiner , the court may request the 40 subject to consent to an examination by a physician or qualified clin- 41 ical examiner appointed by the court. If the subject of the petition 42 does not consent and the court finds reasonable cause to believe that 43 the allegations in the petition are true, the court may order peace 44 officers, acting pursuant to their special duties, or police officers 45 who are members of an authorized police department or force[ , ] or of a 46 sheriff's department to take the subject of the petition into custody 47 and transport [ him or her ] the subject of the petition to a hospital for 48 examination by a physician or qualified clinical examiner . Retention of 49 the subject of the petition under such order shall not exceed twenty- 50 four hours. The examination of the subject of the petition may be 51 performed by the physician or qualified clinical examiner whose affirma- 52 tion or affidavit accompanied the petition pursuant to paragraph three 53 of subdivision (e) of this section, if such physician or qualified clin- 54 ical examiner is privileged by such hospital or otherwise authorized by 55 such hospital to do so. If such examination is performed by another 56 physician[ , the examining physician ] or qualified clinical examiner,

S. 10218 14

1 such physician or qualified clinical examiner may consult with the 2 physician or qualified clinical examiner whose affirmation or affidavit 3 accompanied the petition as to whether the subject meets the criteria 4 for assisted outpatient treatment. 5 (4) A physician or qualified clinical examiner who testifies pursuant 6 to paragraph two of this subdivision shall state[ : (i) ] the facts and 7 conclusions which support the allegation that the subject meets each of 8 the criteria for assisted outpatient treatment[ , (ii) ] and that [ the ] 9 assisted outpatient treatment is the least restrictive alternative[ , 10 (iii) the recommended assisted outpatient treatment, and (iv) the 11 rationale for the recommended assisted outpatient treatment. If the 12 recommended assisted outpatient treatment includes medication, such 13 physician's testimony shall describe the types or classes of medication 14 which should be authorized, shall describe the beneficial and detri- 15 mental physical and mental effects of such medication, and shall recom- 16 mend whether such medication should be self-administered or administered 17 by authorized personnel ]. 18 (5) The subject of the petition shall be afforded an opportunity to 19 present evidence, to call witnesses on [ his or her ] the subject's 20 behalf, and to cross-examine adverse witnesses. 21 § 18. Subdivision (n) of section 9.60 of the mental hygiene law, as 22 amended by chapter 1 of the laws of 2013, is amended to read as follows: 23 (n) Failure to comply with assisted outpatient treatment. Where in the 24 clinical judgment of a physician or qualified clinical examiner , (i) the 25 assisted outpatient, has failed or refused to comply with the assisted 26 outpatient treatment, (ii) efforts were made to solicit compliance, and 27 (iii) such assisted outpatient may be in need of involuntary admission 28 to a hospital pursuant to section 9.27 of this article or immediate 29 observation, care and treatment pursuant to section 9.39 or 9.40 of this 30 article, such physician or qualified clinical examiner may request the 31 appropriate director of community services, the director's designee, or 32 any physician or qualified clinical examiner designated by the director 33 of community services pursuant to section 9.37 of this article, to 34 direct the removal of such assisted outpatient to an appropriate hospi- 35 tal for an examination to determine if such person has a mental illness 36 for which hospitalization is necessary pursuant to section 9.27, 9.39 or 37 9.40 of this article. Furthermore, if such assisted outpatient refuses 38 to take medications as required by the court order, or [ he or she ] such 39 outpatient refuses to take, or fails a blood test, urinalysis, or alco- 40 hol or drug test as required by the court order, such physician or qual- 41 ified clinical examiner may consider such refusal or failure when deter- 42 mining whether the assisted outpatient is in need of an examination to 43 determine whether [ he or she ] such outpatient has a mental illness for 44 which hospitalization is necessary. Upon the request of such physician 45 or qualified clinical examiner , the appropriate director, the director's 46 designee, or any physician or qualified clinical examiner designated 47 pursuant to section 9.37 of this article, may direct peace officers, 48 acting pursuant to their special duties, or police officers who are 49 members of an authorized police department or force or of a sheriff's 50 department to take the assisted outpatient into custody and transport 51 [ him or her ] such outpatient to the hospital operating the assisted 52 outpatient treatment program or to any hospital authorized by the direc- 53 tor of community services to receive such persons. Such law enforcement 54 officials shall carry out such directive. Upon the request of such 55 physician or qualified clinical examiner , the appropriate director, the 56 director's designee, or any physician or qualified clinical examiner

S. 10218 15

1 designated pursuant to section 9.37 of this article, an ambulance 2 service, as defined by subdivision two of section three thousand one of 3 the public health law, or an approved mobile crisis outreach team as 4 defined in section 9.58 of this article shall be authorized to take into 5 custody and transport any such person to the hospital operating the 6 assisted outpatient treatment program, or to any other hospital author- 7 ized by the appropriate director of community services to receive such 8 persons. Any director of community services, or designee, shall be 9 authorized to direct the removal of an assisted outpatient who is pres- 10 ent in [ his or her ] such director's county to an appropriate hospital, 11 in accordance with the provisions of this subdivision, based upon a 12 determination of the appropriate director of community services direct- 13 ing the removal of such assisted outpatient pursuant to this subdivi- 14 sion. Such person may be retained for observation, care and treatment 15 and further examination in the hospital for up to seventy-two hours to 16 permit a physician or qualified clinical examiner to determine whether 17 such person has a mental illness and is in need of involuntary care and 18 treatment in a hospital pursuant to the provisions of this article. Any 19 continued involuntary retention in such hospital beyond the initial 20 seventy-two hour period shall be in accordance with the provisions of 21 this article relating to the involuntary admission and retention of a 22 person. If at any time during the seventy-two hour period the person is 23 determined not to meet the involuntary admission and retention 24 provisions of this article, and does not agree to stay in the hospital 25 as a voluntary or informal patient, [ he or she ] such outpatient must be 26 released. Failure to comply with an order of assisted outpatient treat- 27 ment shall not be grounds for involuntary civil commitment or a finding 28 of contempt of court. 29 § 19. Paragraph 1 of subdivision (e) of section 29.15 of the mental 30 hygiene law, as amended by chapter 408 of the laws of 1999, is amended 31 to read as follows: 32 1. In the case of an involuntary patient on conditional release, the 33 director may terminate the conditional release and order the patient to 34 return to the facility at any time during the period for which retention 35 was authorized, if, in the director's judgment, the patient needs in-pa- 36 tient care and treatment and the conditional release is no longer appro- 37 priate; provided, however, that in any such case, the director shall 38 cause written notice of such patient's return to be given to the mental 39 hygiene legal service. The director shall cause the patient to be 40 retained for observation, care and treatment and further examination in 41 a hospital for up to seventy-two hours if a physician or qualified clin- 42 ical examiner on the staff of the hospital determines that such person 43 may have a mental illness and may be in need of involuntary care and 44 treatment in a hospital pursuant to the provisions of article nine of 45 this chapter. Any continued retention in such hospital beyond the 46 initial seventy-two hour period shall be in accordance with the 47 provisions of this chapter relating to the involuntary admission and 48 retention of a person. If at any time during the seventy-two hour period 49 the person is determined not to meet the involuntary admission and 50 retention provisions of this chapter, and does not agree to stay in the 51 hospital as a voluntary or informal patient, [ he or she ] such person 52 must be released, either conditionally or unconditionally. 53 § 19-a. Paragraph 1 of subdivision (e) of section 29.15 of the mental 54 hygiene law, as amended by chapter 789 of the laws of 1985, is amended 55 to read as follows:

S. 10218 16

1 1. In the case of an involuntary patient on conditional release, the 2 director may terminate the conditional release and order the patient to 3 return to the facility at any time during the period for which retention 4 was authorized, if, in the director's judgment, the patient needs in-pa- 5 tient care and treatment and the conditional release is no longer appro- 6 priate provided, however, that in any such case, the director shall 7 cause written notice of such patient's return to be given to the mental 8 hygiene legal service. If, at any time prior to the expiration of thirty 9 days from the date of return to the facility, [ he ] the patient or any 10 relative or friend or the mental hygiene legal service gives notice in 11 writing to the director of request for hearing on the question of the 12 suitability of such patient's return to the facility, a hearing shall be 13 held pursuant to the provisions of this chapter relating to the involun- 14 tary admission of a person. 15 § 20. Subdivision (m) of section 29.15 of the mental hygiene law, as 16 added by chapter 341 of the laws of 1980, is amended to read as follows: 17 (m) It shall be the responsibility of the chief administrator of any 18 facility providing inpatient services subject to licensure by the office 19 of mental health to notify[ , when appropriate, the local social services 20 commissioner and appropriate state and local mental health represen- 21 tatives ] the following persons when an inpatient is about to be 22 discharged or conditionally released and to provide to such [ officials ] 23 persons the written service plan developed for such inpatient as 24 required under subdivision (f) of this section : a representative of a 25 community provider of mental health services, including a provider of 26 case management services, that maintains the patient on its caseload; a 27 representative of a shelter for adults facility in which the patient 28 resided at the time of the patient's admission; and, when appropriate, 29 the local social services commissioner and appropriate state and local 30 mental health representatives . 31 § 21. Subdivision (b) of section 41.09 of the mental hygiene law, as 32 amended by chapter 588 of the laws of 1973, and as renumbered by chapter 33 978 of the laws of 1977, is amended to read as follows: 34 (b) Each director shall be a psychiatrist or other professional person 35 who meets standards set by the commissioner for the position. If the 36 director is not a physician or qualified clinical examiner as defined in 37 article nine of this chapter , [ he ] the director shall not have the power 38 to conduct examinations authorized to be conducted by an examining 39 physician or qualified clinical examiner or by a director of community 40 services pursuant to this chapter but [ he ] shall designate an examining 41 physician or qualified clinical examiner who shall be empowered to 42 conduct such examinations on behalf of such director. A director need 43 not reside in the area to be served. The director shall be a full-time 44 employee except in cases where the commissioner has expressly waived the 45 requirement. 46 § 22. This act shall take effect immediately; provided, however, that: 47 a. the amendments to subdivision (a) of section 9.37 of the mental 48 hygiene law made by section eight of this act shall be subject to the 49 expiration and reversion of such subdivision pursuant to section 21 of 50 chapter 723 of the laws of 1989, as amended, when upon such date the 51 provisions of section eight-a shall take effect; 52 b. the amendments to section 9.40 of the mental hygiene law made by 53 section ten of this act shall not affect the repeal of such section and 54 shall be deemed repealed therewith; 55 c. the amendments to paragraph 3 of subdivision (b) of section 9.47 of 56 the mental hygiene law made by section eleven of this act shall not

S. 10218 17

1 affect the repeal of such subdivision and shall be deemed repealed ther- 2 ewith; 3 d. the amendments to sections 9.55 and 9.57 of the mental hygiene law 4 made by sections twelve and fourteen of this act shall be subject to the 5 expiration and reversion of such sections pursuant to section 21 of 6 chapter 723 of the laws of 1989, as amended, when upon such date the 7 provisions of sections twelve-a and fourteen-a of this act shall take 8 effect; 9 e. the amendments to section 9.60 of the mental hygiene law made by 10 sections sixteen, seventeen and eighteen of this act shall not affect 11 the repeal of such section and shall be deemed repealed therewith; and 12 f. the amendments to paragraph 1 of subdivision (e) of section 29.15 13 of the mental hygiene law made by section nineteen of this act shall be 14 subject to the expiration and revision of such paragraph pursuant to 15 section 18 of chapter 408 of the laws of 1999, as amended, when upon 16 such date the provisions of section 19-a shall take effect.

Go to top

Sitemap

Request Information

Directions and Maps