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New York Mental Hygiene - Article 9 - § 9.60 Assisted Outpatient Treatment

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Mental Hygiene 
 
  * § 9.60 Assisted outpatient treatment.
    (a)   Definitions.   For  purposes  of  this  section,  the  following
  definitions shall apply:
    (1)  "assisted  outpatient  treatment"  shall   mean   categories   of
  outpatient  services  which  have  been ordered by the court pursuant to
  this section.  Such treatment shall include case management services  or
  assertive   community   treatment   team   services   to   provide  care
  coordination, and may also include any of the  following  categories  of
  services:  medication;  periodic  blood tests or urinalysis to determine
  compliance with prescribed medications; individual or group therapy; day
  or  partial  day  programming  activities;  educational  and  vocational
  training  or  activities;  alcohol  or  substance  abuse  treatment  and
  counseling and periodic tests for the presence  of  alcohol  or  illegal
  drugs  for  persons  with  a  history  of  alcohol  or  substance abuse;
  supervision of living arrangements; and  any  other  services  within  a
  local  services  plan  developed  pursuant  to article forty-one of this
  chapter, prescribed to treat the person's mental illness and  to  assist
  the  person in living and functioning in the community, or to attempt to
  prevent a relapse or deterioration that may reasonably be  predicted  to
  result in suicide or the need for hospitalization.
    (2)  "director"  shall  mean  the  director of community services of a
  local governmental unit, or the  director  of  a  hospital  licensed  or
  operated  by  the  office  of  mental health which operates, directs and
  supervises an assisted outpatient treatment program.
    (3) "director of community services"  and  "local  governmental  unit"
  shall  have  the  same meanings as provided in article forty-one of this
  chapter. The "appropriate director" shall mean the director of community
  services of the county where the assisted outpatient resides, even if it
  is a different county than the  county  where  the  assisted  outpatient
  treatment order was originally issued.
    (4)  "assisted  outpatient  treatment  program" shall mean a system to
  arrange  for  and  coordinate  the  provision  of  assisted   outpatient
  treatment,  to  monitor treatment compliance by assisted outpatients, to
  evaluate the  condition  or  needs  of  assisted  outpatients,  to  take
  appropriate  steps  to  address  the  needs  of such individuals, and to
  ensure compliance with court orders.
    (5) "assisted outpatient" shall mean the person under a court order to
  receive assisted outpatient treatment.
    (6) "subject of the petition" or "subject" shall mean the  person  who
  is  alleged  in  a  petition,  filed  pursuant to the provisions of this
  section, to meet the criteria for assisted outpatient treatment.
    (7) "correctional facility" and "local  correctional  facility"  shall
  have the same meanings as provided in section two of the correction law.
    (8)  "health  care  proxy" and "health care agent" shall have the same
  meanings as provided in article twenty-nine-C of the public health law.
    (9) "program coordinator" shall mean an individual  appointed  by  the
  commissioner  of  mental  health, pursuant to subdivision (f) of section
  7.17  of  this  chapter,  who  is  responsible  for  the  oversight  and
  monitoring of assisted outpatient treatment programs.
    (b)  Programs.  The  director  of  community  services  of  each local
  governmental unit  shall  operate,  direct  and  supervise  an  assisted
  outpatient  treatment  program.  The  director of a hospital licensed or
  operated by  the  office  of  mental  health  may  operate,  direct  and
  supervise an assisted outpatient treatment program, upon approval by the
  commissioner.  Directors  of  community  services  shall be permitted to
  satisfy the provisions of this  subdivision  through  the  operation  of
  joint   assisted   outpatient   treatment   programs.  Nothing  in  this
  subdivision  shall  be  interpreted  to  preclude  the  combination   or

  coordination  of  efforts between and among local governmental units and
  hospitals in providing and coordinating assisted outpatient treatment.
    (c)  Criteria.  A person may be ordered to receive assisted outpatient
  treatment if the court finds that such person:
    (1) is eighteen years of age or older; and
    (2) is suffering from a mental illness; and
    (3)  is  unlikely  to  survive  safely  in   the   community   without
  supervision, based on a clinical determination; and
    (4)  has  a  history  of  lack of compliance with treatment for mental
  illness that has:
    (i) prior to the filing of the petition, at  least  twice  within  the
  last  thirty-six  months  been  a  significant  factor  in necessitating
  hospitalization in a hospital, or receipt of services in a  forensic  or
  other  mental  health  unit  of  a  correctional  facility  or  a  local
  correctional facility, not  including  any  current  period,  or  period
  ending  within  the  last  six months, during which the person was or is
  hospitalized or incarcerated; or
    (ii) prior to the filing of the petition, resulted in one or more acts
  of serious violent behavior toward self or  others  or  threats  of,  or
  attempts  at,  serious  physical  harm to self or others within the last
  forty-eight months, not including any current period, or  period  ending
  within  the  last six months, in which the person was or is hospitalized
  or incarcerated; and
    (5) is, as a  result  of  his  or  her  mental  illness,  unlikely  to
  voluntarily participate in outpatient treatment that would enable him or
  her to live safely in the community; and
    (6)  in  view of his or her treatment history and current behavior, is
  in need of assisted outpatient treatment in order to prevent  a  relapse
  or  deterioration which would be likely to result in serious harm to the
  person or others as defined in section 9.01 of this article; and
    (7) is likely to benefit from assisted outpatient treatment.
    (d) Health care proxy. Nothing in this section shall preclude a person
  with a health care proxy from being subject to a  petition  pursuant  to
  this  chapter  and  consistent  with article twenty-nine-C of the public
  health law.
    (e) Petition to the court. (1) A petition  for  an  order  authorizing
  assisted  outpatient  treatment  may  be  filed in the supreme or county
  court in the county in which the subject of the petition is  present  or
  reasonably  believed  to be present. Such petition may be initiated only
  by the following persons:
    (i) any person eighteen years of age or older with whom the subject of
  the petition resides; or
    (ii) the parent, spouse, sibling eighteen years of age  or  older,  or
  child eighteen years of age or older of the subject of the petition; or
    (iii)  the director of a hospital in which the subject of the petition
  is hospitalized; or
    (iv) the director of any public or charitable organization, agency  or
  home  providing mental health services to the subject of the petition or
  in whose institution the subject of the petition resides; or
    (v) a qualified psychiatrist who is either supervising  the  treatment
  of or treating the subject of the petition for a mental illness; or
    (vi)   a  psychologist,  licensed  pursuant  to  article  one  hundred
  fifty-three of the education law, or a social worker, licensed  pursuant
  to  article one hundred fifty-four of the education law, who is treating
  the subject of the petition for a mental illness; or
    (vii) the director of community services, or his or her  designee,  or
  the  social services official, as defined in the social services law, of

  the city or county in which the subject of the petition  is  present  or
  reasonably believed to be present; or
    (viii) a parole officer or probation officer assigned to supervise the
  subject of the petition.
    (2) The petition shall state:
    (i)  each  of  the  criteria  for assisted outpatient treatment as set
  forth in subdivision (c) of this section;
    (ii) facts which support the petitioner's belief that the  subject  of
  the  petition  meets  each  criterion,  provided that the hearing on the
  petition need not be limited to the stated facts; and
    (iii) that the subject of the petition is present,  or  is  reasonably
  believed to be present, within the county where such petition is filed.
    (3)  The  petition shall be accompanied by an affirmation or affidavit
  of a physician, who shall not be the petitioner, stating either that:
    (i) such physician has personally examined the subject of the petition
  no more  than  ten  days  prior  to  the  submission  of  the  petition,
  recommends   assisted  outpatient  treatment  for  the  subject  of  the
  petition, and is willing and able to  testify  at  the  hearing  on  the
  petition; or
    (ii)  no  more than ten days prior to the filing of the petition, such
  physician or his or her designee has made appropriate attempts  but  has
  not  been  successful in eliciting the cooperation of the subject of the
  petition to submit to an  examination,  such  physician  has  reason  to
  suspect that the subject of the petition meets the criteria for assisted
  outpatient  treatment, and such physician is willing and able to examine
  the subject of the petition and testify at the hearing on the petition.
    (4) In counties with a population of less than seventy-five  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 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 paragraph.
    (f) Service. The petitioner shall cause written notice of the petition
  to be given to the subject of the petition and  a  copy  thereof  to  be
  given  personally  or  by  mail to the persons listed in section 9.29 of
  this article, the mental hygiene legal service, the health care agent if
  any such agent is known  to  the  petitioner,  the  appropriate  program
  coordinator, and the appropriate director of community services, if such
  director is not the petitioner.
    (g) Right to counsel. The subject of the petition shall have the right
  to  be  represented  by  the  mental hygiene legal service, or privately
  financed counsel, at all stages of a  proceeding  commenced  under  this
  section.
    (h) Hearing. (1) Upon receipt of the petition, the court shall fix the
  date for a hearing. Such date shall be no later than three days from the
  date  such  petition  is  received  by  the  court, excluding Saturdays,
  Sundays and holidays. Adjournments shall  be  permitted  only  for  good
  cause shown. In granting adjournments, the court shall consider the need
  for  further examination by a physician or the potential need to provide
  assisted outpatient treatment expeditiously. The court shall  cause  the
  subject  of  the petition, any other person receiving notice pursuant to
  subdivision (f) of this section, the  petitioner,  the  physician  whose
  affirmation  or  affidavit  accompanied  the  petition,  and  such other
  persons as the court may determine to be advised of such date. Upon such
  date, or upon such other date to which the proceeding may be  adjourned,
  the  court  shall  hear testimony and, if it be deemed advisable and the
  subject of the  petition  is  available,  examine  the  subject  of  the
  petition  in  or  out  of court. If the subject of the petition does not

  appear at the hearing, and appropriate attempts to elicit the attendance
  of the subject have failed, the court may conduct  the  hearing  in  the
  subject's  absence.  In such case, the court shall set forth the factual
  basis  for conducting the hearing without the presence of the subject of
  the petition.
    (2) The court shall not order assisted outpatient treatment unless  an
  examining  physician,  who  recommends assisted outpatient treatment and
  has personally examined the subject of the petition  no  more  than  ten
  days  before  the  filing  of  the  petition, testifies in person at the
  hearing.  Such  physician   shall   state   the   facts   and   clinical
  determinations  which  support  the  allegation  that the subject of the
  petition meets each of the criteria for assisted outpatient treatment.
    (3) If the subject of the petition has refused to  be  examined  by  a
  physician,   the  court  may  request  the  subject  to  consent  to  an
  examination by a physician appointed by the court. If the subject of the
  petition does not consent  and  the  court  finds  reasonable  cause  to
  believe  that  the  allegations  in the petition are true, the court may
  order peace officers, acting pursuant to their special duties, or police
  officers who are members of an authorized police department or force, or
  of a sheriff's department to take  the  subject  of  the  petition  into
  custody  and  transport  him  or  her to a hospital for examination by a
  physician. Retention of the subject of the  petition  under  such  order
  shall  not  exceed  twenty-four hours. The examination of the subject of
  the petition may be performed by  the  physician  whose  affirmation  or
  affidavit  accompanied  the  petition  pursuant  to  paragraph  three of
  subdivision (e) of this section, if such physician is privileged by such
  hospital or otherwise authorized by such hospital  to  do  so.  If  such
  examination  is  performed by another physician, the examining physician
  may  consult  with  the  physician  whose   affirmation   or   affidavit
  accompanied  the  petition  as to whether the subject meets the criteria
  for assisted outpatient treatment.
    (4) A physician who  testifies  pursuant  to  paragraph  two  of  this
  subdivision shall state: (i) the facts which support the allegation that
  the   subject  meets  each  of  the  criteria  for  assisted  outpatient
  treatment, (ii) that the treatment is the least restrictive alternative,
  (iii) the  recommended  assisted  outpatient  treatment,  and  (iv)  the
  rationale  for  the  recommended  assisted  outpatient treatment. If the
  recommended assisted  outpatient  treatment  includes  medication,  such
  physician's  testimony shall describe the types or classes of medication
  which  should  be  authorized,  shall  describe   the   beneficial   and
  detrimental  physical  and  mental effects of such medication, and shall
  recommend  whether  such  medication  should  be  self-administered   or
  administered by authorized personnel.
    (5)  The  subject  of the petition shall be afforded an opportunity to
  present evidence, to call  witnesses  on  his  or  her  behalf,  and  to
  cross-examine adverse witnesses.
    (i)  Written  treatment  plan.  (1) The court shall not order assisted
  outpatient treatment unless a physician  appointed  by  the  appropriate
  director,  in  consultation with such director, develops and provides to
  the court a proposed written treatment plan. The written treatment  plan
  shall  include case management services or assertive community treatment
  team services to provide care coordination. The written  treatment  plan
  also shall include all categories of services, as set forth in paragraph
  one  of subdivision (a) of this section, which such physician recommends
  that the subject of the petition receive. All service providers shall be
  notified regarding their inclusion in the written treatment plan. If the
  written treatment plan includes medication, it shall state whether  such
  medication  should  be  self-administered  or administered by authorized

  personnel, and shall specify type and dosage range  of  medication  most
  likely  to  provide  maximum  benefit  for  the  subject. If the written
  treatment plan  includes  alcohol  or  substance  abuse  counseling  and
  treatment,  such plan may include a provision requiring relevant testing
  for either  alcohol  or  illegal  substances  provided  the  physician's
  clinical  basis for recommending such plan provides sufficient facts for
  the court to find (i) that such person  has  a  history  of  alcohol  or
  substance  abuse  that  is clinically related to the mental illness; and
  (ii)  that  such  testing  is  necessary  to  prevent   a   relapse   or
  deterioration  which  would  be  likely to result in serious harm to the
  person or others. If a director is the petitioner, the written treatment
  plan shall be provided to the court  no  later  than  the  date  of  the
  hearing  on  the  petition.  If  a  person  other than a director is the
  petitioner, such plan shall be provided to the court no later  than  the
  date  set by the court pursuant to paragraph three of subdivision (j) of
  this section.
    (2) The physician appointed to  develop  the  written  treatment  plan
  shall  provide  the  following  persons  with an opportunity to actively
  participate in  the  development  of  such  plan:  the  subject  of  the
  petition;  the  treating  physician, if any; and upon the request of the
  subject of the  petition,  an  individual  significant  to  the  subject
  including  any  relative, close friend or individual otherwise concerned
  with the welfare of the subject. If the  subject  of  the  petition  has
  executed a health care proxy, the appointed physician shall consider any
  directions  included  in  such proxy in developing the written treatment
  plan.
    (3) The court shall not order assisted outpatient treatment  unless  a
  physician  appearing  on  behalf  of a director testifies to explain the
  written  proposed  treatment  plan.  Such  physician  shall  state   the
  categories  of  assisted outpatient treatment recommended, the rationale
  for each such category, facts which establish that such treatment is the
  least  restrictive  alternative,  and,  if  the   recommended   assisted
  outpatient  treatment  plan  includes  medication,  such physician shall
  state the types or classes of medication recommended, the beneficial and
  detrimental physical and mental effects of such medication, and  whether
  such  medication  should  be  self-administered  or  administered  by an
  authorized professional. If the subject of the petition has  executed  a
  health care proxy, such physician shall state the consideration given to
  any  directions  included  in  such  proxy  in  developing  the  written
  treatment plan. If a director is the petitioner, testimony  pursuant  to
  this  paragraph  shall  be  given  at  the hearing on the petition. If a
  person other than a director is the petitioner, such testimony shall  be
  given  on  the  date  set  by  the  court pursuant to paragraph three of
  subdivision (j) of this section.
    (j) Disposition. (1) If after hearing all relevant evidence, the court
  does not find by clear and convincing evidence that the subject  of  the
  petition meets the criteria for assisted outpatient treatment, the court
  shall dismiss the petition.
    (2)  If  after hearing all relevant evidence, the court finds by clear
  and convincing evidence that the  subject  of  the  petition  meets  the
  criteria  for assisted outpatient treatment, and there is no appropriate
  and feasible less restrictive  alternative,  the  court  may  order  the
  subject  to  receive assisted outpatient treatment for an initial period
  not to exceed one  year.  In  fashioning  the  order,  the  court  shall
  specifically  make  findings  by  clear and convincing evidence that the
  proposed treatment is the least restrictive  treatment  appropriate  and
  feasible  for  the subject. The order shall state an assisted outpatient
  treatment  plan,  which  shall  include  all  categories   of   assisted

  outpatient  treatment,  as set forth in paragraph one of subdivision (a)
  of this section, which the assisted outpatient is to receive, but  shall
  not  include any such category that has not been recommended in both the
  proposed  written treatment plan and the testimony provided to the court
  pursuant to subdivision (i) of this section.
    (3) If after hearing all relevant evidence presented by  a  petitioner
  who  is not a director, the court finds by clear and convincing evidence
  that the subject  of  the  petition  meets  the  criteria  for  assisted
  outpatient  treatment,  and  the  court  has  yet  to be provided with a
  written proposed treatment plan and testimony  pursuant  to  subdivision
  (i)  of  this section, the court shall order the appropriate director to
  provide the court with such plan and testimony no later than  the  third
  day,  excluding  Saturdays,  Sundays and holidays, immediately following
  the date of such order. Upon receiving  such  plan  and  testimony,  the
  court  may  order assisted outpatient treatment as provided in paragraph
  two of this subdivision.
    (4) A court may order  the  patient  to  self-administer  psychotropic
  drugs or accept the administration of such drugs by authorized personnel
  as  part  of  an  assisted  outpatient treatment program. Such order may
  specify the type and dosage range of such psychotropic  drugs  and  such
  order  shall  be  effective for the duration of such assisted outpatient
  treatment.
    (5) If the petitioner is the director of a hospital that  operates  an
  assisted  outpatient treatment program, the court order shall direct the
  hospital director to provide or arrange for all categories  of  assisted
  outpatient  treatment  for the assisted outpatient throughout the period
  of the order. In all  other  instances,  the  order  shall  require  the
  appropriate  director,  as  that  term  is  defined  in this section, to
  provide or arrange for all categories of assisted  outpatient  treatment
  for the assisted outpatient throughout the period of the order.
    (6) The director shall cause a copy of any court order issued pursuant
  to  this  section  to  be  served  personally,  or by mail, facsimile or
  electronic means, upon the assisted outpatient, the mental hygiene legal
  service or anyone  acting  on  the  assisted  outpatient's  behalf,  the
  original  petitioner,  identified  service  providers,  and  all  others
  entitled to notice under subdivision (f) of this section.
    (k) Petition for additional periods of treatment.  (1)  Prior  to  the
  expiration  of  an  order  pursuant  to  this  section,  the appropriate
  director shall review whether the assisted outpatient continues to  meet
  the criteria for assisted outpatient treatment. If, as documented in the
  petition,  the director determines that such criteria continue to be met
  or has made appropriate attempts to, but  has  not  been  successful  in
  eliciting,  the  cooperation of the subject to submit to an examination,
  within thirty days prior to the  expiration  of  an  order  of  assisted
  outpatient  treatment,  such  director  may  petition the court to order
  continued assisted outpatient treatment pursuant  to  paragraph  two  of
  this  subdivision. Upon determining whether such criteria continue to be
  met, such director shall notify the program coordinator in writing as to
  whether a  petition  for  continued  assisted  outpatient  treatment  is
  warranted and whether such a petition was or will be filed.
    (2) Within thirty days prior to the expiration of an order of assisted
  outpatient   treatment,   the   appropriate   director  or  the  current
  petitioner, if the current petition was filed pursuant  to  subparagraph
  (i) or (ii) of paragraph one of subdivision (e) of this section, and the
  current  petitioner  retains  his or her original status pursuant to the
  applicable subparagraph, may  petition  the  court  to  order  continued
  assisted  outpatient  treatment for a period not to exceed one year from
  the expiration date of the current order. If the court's disposition  of

  such petition does not occur prior to the expiration date of the current
  order,  the current order shall remain in effect until such disposition.
  The procedures for obtaining any  order  pursuant  to  this  subdivision
  shall be in accordance with the provisions of the foregoing subdivisions
  of  this  section;  provided  that  the  time  restrictions  included in
  paragraph  four  of  subdivision  (c)  of  this  section  shall  not  be
  applicable.  The  notice  provisions  set  forth  in  paragraph  six  of
  subdivision (j) of this section shall be  applicable.  Any  court  order
  requiring periodic blood tests or urinalysis for the presence of alcohol
  or  illegal  drugs  shall  be  subject to review after six months by the
  physician who developed the written treatment plan or another  physician
  designated  by  the  director, and such physician shall be authorized to
  terminate such blood tests or urinalysis without further action  by  the
  court.
    (l)  Petition  for an order to stay, vacate or modify. (1) In addition
  to any other right or remedy available by law with respect to the  order
  for  assisted  outpatient treatment, the assisted outpatient, the mental
  hygiene legal service, or anyone acting  on  the  assisted  outpatient's
  behalf  may  petition  the court on notice to the director, the original
  petitioner, and all others entitled to notice under subdivision  (f)  of
  this section to stay, vacate or modify the order.
    (2)  The  appropriate  director  shall petition the court for approval
  before instituting a proposed material change in the assisted outpatient
  treatment plan, unless such change is authorized by  the  order  of  the
  court. Such petition shall be filed on notice to all parties entitled to
  notice  under  subdivision (f) of this section. Not later than five days
  after  receiving  such  petition,  excluding  Saturdays,   Sundays   and
  holidays,  the court shall hold a hearing on the petition; provided that
  if the assisted outpatient informs the court that he or  she  agrees  to
  the  proposed material change, the court may approve such change without
  a hearing. Non-material  changes  may  be  instituted  by  the  director
  without  court  approval. For the purposes of this paragraph, a material
  change is an addition or deletion of a category of services to or from a
  current assisted outpatient treatment plan, or any deviation without the
  assisted outpatient's consent from the terms of a current order relating
  to the administration of psychotropic drugs.
    (m) Appeals. Review of an order issued pursuant to this section  shall
  be had in like manner as specified in section 9.35 of this article.
    (n) Failure to comply with assisted outpatient treatment. Where in the
  clinical  judgment  of  a  physician,  (i)  the assisted outpatient, has
  failed or refused to comply with the assisted outpatient treatment, (ii)
  efforts were  made  to  solicit  compliance,  and  (iii)  such  assisted
  outpatient  may  be  in  need  of  involuntary  admission  to a hospital
  pursuant to section 9.27 of this article or immediate observation,  care
  and  treatment  pursuant  to  section 9.39 or 9.40 of this article, such
  physician may request the appropriate director  of  community  services,
  the  director's designee, or any physician designated by the director of
  community services pursuant to section 9.37 of this article,  to  direct
  the  removal  of such assisted outpatient to an appropriate hospital for
  an examination to determine if such person  has  a  mental  illness  for
  which  hospitalization  is  necessary  pursuant to section 9.27, 9.39 or
  9.40 of this article. Furthermore, if such assisted  outpatient  refuses
  to take medications as required by the court order, or he or she refuses
  to  take,  or fails a blood test, urinalysis, or alcohol or drug test as
  required by the court order, such physician may consider such refusal or
  failure when determining whether the assisted outpatient is in  need  of
  an  examination  to determine whether he or she has a mental illness for
  which hospitalization is necessary. Upon the request of such  physician,

  the  appropriate  director,  the  director's  designee, or any physician
  designated pursuant to section 9.37 of this article,  may  direct  peace
  officers,  acting  pursuant  to their special duties, or police officers
  who  are  members  of  an  authorized police department or force or of a
  sheriff's department to take the assisted outpatient  into  custody  and
  transport  him  or her to the hospital operating the assisted outpatient
  treatment program or to any  hospital  authorized  by  the  director  of
  community  services  to  receive  such  persons.  Such  law  enforcement
  officials shall carry out such  directive.  Upon  the  request  of  such
  physician,  the  appropriate  director,  the director's designee, or any
  physician designated pursuant  to  section  9.37  of  this  article,  an
  ambulance  service,  as  defined  by  subdivision  two  of section three
  thousand one of the public health law,  or  an  approved  mobile  crisis
  outreach  team  as  defined  in  section  9.58  of this article shall be
  authorized to take into custody and transport any  such  person  to  the
  hospital  operating the assisted outpatient treatment program, or to any
  other hospital authorized  by  the  appropriate  director  of  community
  services to receive such persons. Any director of community services, or
  designee,  shall  be  authorized  to  direct  the removal of an assisted
  outpatient who is present  in  his  or  her  county  to  an  appropriate
  hospital,  in  accordance with the provisions of this subdivision, based
  upon a determination of the appropriate director of  community  services
  directing  the  removal  of  such  assisted  outpatient pursuant to this
  subdivision. Such person may  be  retained  for  observation,  care  and
  treatment  and further examination in the hospital for up to seventy-two
  hours to permit a physician to  determine  whether  such  person  has  a
  mental  illness  and  is  in need of involuntary care and treatment in a
  hospital pursuant to the  provisions  of  this  article.  Any  continued
  involuntary  retention  in  such hospital beyond the initial seventy-two
  hour period shall be in accordance with the provisions of  this  article
  relating  to  the involuntary admission and retention of a person. If at
  any time during the seventy-two hour period the person is determined not
  to meet the involuntary  admission  and  retention  provisions  of  this
  article,  and  does  not agree to stay in the hospital as a voluntary or
  informal patient, he or she must be released. Failure to comply with  an
  order  of  assisted  outpatient  treatment  shall  not  be  grounds  for
  involuntary civil commitment or a finding of contempt of court.
    (o) Effect of determination that a  person  is  in  need  of  assisted
  outpatient  treatment.  The determination by a court that a person is in
  need of assisted outpatient treatment  shall  not  be  construed  as  or
  deemed  to be a determination that such person is incapacitated pursuant
  to article eighty-one of this chapter.
    (p) False petition. A person making a  false  statement  or  providing
  false information or false testimony in a petition or hearing under this
  section shall be subject to criminal prosecution pursuant to article one
  hundred seventy-five or article two hundred ten of the penal law.
    (q)  Exception.  Nothing  in this section shall be construed to affect
  the ability of the director of a hospital to receive, admit,  or  retain
  patients  who  otherwise  meet  the provisions of this article regarding
  receipt, retention or admission.
    (r) Education and training.  (1)  The  office  of  mental  health,  in
  consultation  with  the  office  of  court administration, shall prepare
  educational and training materials on the use  of  this  section,  which
  shall  be  made  available  to  local  governmental  units, providers of
  services, judges, court personnel, law  enforcement  officials  and  the
  general public.
    (2)   The   office,   in   consultation   with  the  office  of  court
  administration, shall establish a mental  health  training  program  for

  supreme and county court judges and court personnel. Such training shall
  focus  on  the use of this section and generally address issues relating
  to mental illness and mental health treatment.
    * NB Repealed June 30, 2017
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Last modified: February 15, 2014