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NY A00812
Bill
Status
1/11/2023
Primary Sponsor
Edward Braunstein
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AI Summary
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Establishes that hospital care is essential to a person's welfare if their untreated mental illness is likely to result in serious harm, and clarifies that a person's impaired judgment must prevent them from understanding the need for such care.
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Defines "likely to result in serious harm" to include substantial risk of physical or mental harm through suicide attempts, serious bodily harm, inability to meet basic needs, or dangerous conduct toward oneself or others.
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Requires evaluation of likelihood of serious harm to consider all relevant information including credible reports of recent behavior and known medical and behavioral history.
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Modifies "need for retention" standard to require consideration of whether a person is prepared, with appropriate support, to adhere to essential outpatient treatment before continuing involuntary hospitalization.
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Takes effect 60 days after becoming law.
Legislative Description
Relates to involuntary in-patient mental health treatment where care and treatment in a hospital is essential to a person's welfare if, in the absence of such care and treatment, the person's mental illness is likely to result in serious harm.
Last Action
referred to mental health
1/3/2024