Provides that the state office of mental health is directed to make available, at no cost to the county, a qualified physician for the purpose of examination of persons ordered to obtain assisted outpatient treatment in certain counties.
TITLE OF BILL: An act to amend the mental hygiene law, in relation to examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than eighty thousand
PURPOSE OR GENERAL IDEA OF BILL:
Allows for the use of a psychiatrist employed by the state to provide the examination for and testify in court during "Kendra's Law" hearings in counties with a population under 80,000.
SUMMARY OF SPECIFIC PROVISIONS:
Amends subdivision (e) of section 9.60 of the mental hygiene law, as added by Chapter 158 of the Laws of 2005.
Kendra's Law requires a psychiatrist to be in court in hearings scheduled by the judge within 72 hours of a petition being filed. This is a nearly insurmountable problem in very small counties where there may be only one psychiatrist in the whole county. It is very difficult to ask a psychiatrist to rearrange his or her schedule on such short notice once in a while - but it would be nearly impossible to find one who would do so if there were several "Kendra's Law" petitions.
This bill would require OMH to make a psychiatrist from a nearby OMH facility available to the county for meeting the requirements of Kendra's Law in counties of under 80,000 in population.
PRIOR LEGISLATIVE HISTORY:
2009-10: A.1116/A.9130/S.5245 - Passed Assembly; Referred to Senate Mental Health and Development Disabilities Committee. 2008: A962 - Passed Assembly; Died in Senate Rules Committee. 2007; A.962 - Referred to Assembly Mental Health Committee. 2005-06: A.256 - Referred to the Assembly Mental Health Committee.
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
There would be no additional cost to the State but this would relieve a burden on the eligible counties.
Immediately, and effective only for the duration of Kendra's Law.
STATE OF NEW YORK ________________________________________________________________________ 5005 2013-2014 Regular Sessions IN SENATE May 6, 2013 ___________Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than eighty thousand THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 4 of subdivision (e) of section 9.60 of the mental hygiene law, as added by chapter 158 of the laws of 2005, is amended to read as follows: (4) In counties with a population of less than
[seventy-five]EIGHTY thousand, the affirmation or affidavit required by paragraph three of this subdivision may be made by a physician who is an employee of the office. The office is authorized AND DIRECTED to make available, at no cost to the county, a qualified physician for the purpose of making such affirmation or affidavit consistent with the provisions of such para- graph. S 2. This act shall take effect immediately, provided, however, that the amendments made to paragraph 4 of subdivision (e) of section 9.60 of the mental hygiene law by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07518-03-3