New York Assembly Bill A05287 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5287 2023-2024 Regular Sessions  IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. GUNTHER -- read once and referred to the Commit- tee on Mental Health AN ACT to amend the mental hygiene law, in relation to involuntary emer- gency admission of persons alleged to be mentally ill The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Jesse's law". 3 § 2. The mental hygiene law is amended by adding a new section 9.42 4 to read as follows: 5 § 9.42 Patient's right to choose a qualified hospital for involuntary 6 emergency admission. 7 In the event that a police officer or peace officer is involuntarily 8 removing a person to a hospital under the provisions of section 9.41 of 9 this article, that person may choose the hospital to which he or she is 10 admitted as long as the hospital meets the criteria specified in subdi- 11 vision (a) of section 9.39 of this article, has adequate space and 12 staffing, and is no more than fifty miles from the location at which the 13 person is taken into custody. 14 § 3. Within 60 days of the effective date of this act, the department 15 of mental hygiene shall distribute to each county sheriff a list of all 16 hospitals that meet the criteria specified in subdivision (a) of section 17 9.39 of the mental hygiene law. The department shall distribute an 18 updated list any time a hospital gains or loses 9.39 certification. 19 § 4. This act shall take effect on the ninetieth day after it shall 20 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09132-01-3