N.Y. Mental Hygiene Law 22.07 – Informal admission
§ 22.07 Informal admission.
Terms Used In N.Y. Mental Hygiene Law 22.07
- Commissioner: means the commissioner of the office of alcoholism and substance abuse services. See N.Y. Mental Hygiene Law 19.03
- Emergency services: means immediate physical examination, assessment, care and treatment of an incapacitated person for the purpose of confirming that the person is, and continues to be, incapacitated by alcohol and/or substances to the degree that there is a likelihood to result in harm to the person or others. See N.Y. Mental Hygiene Law 22.09
- Incapacitated: means that a person, as a result of the use of alcohol and/or substances, is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of realizing and making a rational decision with respect to his or her need for treatment. See N.Y. Mental Hygiene Law 22.09
- Office: means the office of alcoholism and substance abuse services. See N.Y. Mental Hygiene Law 19.03
- Treatment facility: means a facility designated by the commissioner which may only include a general hospital as defined in Article 28 of the public health law, or a medically managed or medically supervised withdrawal, inpatient rehabilitation, or residential stabilization treatment program that has been certified by the commissioner to have appropriate medical staff available on-site at all times to provide emergency services and continued evaluation of capacity of individuals retained under this section or a crisis stabilization center licensed pursuant to article 36. See N.Y. Mental Hygiene Law 22.09
For purposes of this chapter, the director of any chemical dependence program or treatment facility may receive therein as a patient any person found by such director to be suitable for, and in need of, such care and treatment and requesting admission thereto, provided however, that nothing in this section shall be construed to guarantee reimbursement for such treatment.
(a) Such person may be admitted as a patient without making formal or written application therefor, and any such person shall be discharged from such program or facility upon his or her request at any time after admission, provided, however, that such action may have other legal or fiscal consequences pursuant to other state and federal laws, and provided further that minors shall be admitted and discharged in accordance with section 22.11 of this article.
(b) Participation in chemical dependence treatment is voluntary. The office or any chemical dependence program or treatment facility shall not force or otherwise coerce any person to participate in such program or treatment, provided however that receipt of emergency services for incapacitated persons shall be governed in accordance with section 22.09 of this article, and provided further, a person's failure to complete treatment required by judicial mandate may have legal consequences under the terms of such mandate.
(c) The commissioner shall promulgate rules and regulations and take any other necessary action to insure that the rights of individuals who have received or are receiving chemical dependence services are protected.