Title MHY, Mental Hygiene

§ 83.03 Definitions.\n For purposes of this article, the following definitions shall apply:\n (a) "Adult" means an individual who has attained eighteen years of\nage.\n (b) "Emergency" means a circumstance that likely will result in\nsubstantial harm to a respondent's health, saf…

§ 83.05 International application of this article.\n A court of this state may treat a foreign country as if it were a\nstate for the purpose of applying sections 83.01 through 83.37 of this\narticle.\n

§ 83.07 Communication between courts.\n (a) A court of this state may communicate with a court in another\nstate concerning a proceeding arising under this article. The court may\nallow the parties to participate in the communication.\n (b) If the parties are not allowed to parti…

§ 83.09 Cooperation between courts.\n (a) In a proceeding for the appointment of a guardian of the person or\nprotective proceeding in this state, a court of this state may request\nthe appropriate court of another state to do any of the following:\n 1. hold an evidentiary hearin…

§ 83.11 Taking testimony in another state.\n (a) In a proceeding for the appointment of a guardian of the person or\nprotective proceeding, in addition to other procedures that may be\navailable, testimony of a witness who is located in another state may be\noffered by deposition…

§ 83.13 Significant connection factors.\n In determining under section 83.17 and subdivision (e) of section\n83.31 of this article whether a respondent has a significant connection\nwith a particular state, the court shall consider:\n (a) the location of the respondent's family a…

§ 83.15 Exclusive basis.\n Subject to section 81.18 of this title, this article provides the\nexclusive jurisdictional basis for a court of this state to appoint a\nguardian of the person or issue a protective order for an adult.\n

§ 83.17 Jurisdiction.\n A court of this state has jurisdiction to appoint a guardian of the\nperson or issue a protective order for a respondent if:\n (a) the state is the respondent's home state;\n (b) on the date the petition is filed, this state is a\nsignificant-connection st…

§ 83.19 Special jurisdiction.\n (a) A court of this state lacking jurisdiction under section 83.17 of\nthis article has special jurisdiction to do any of the following:\n 1. appoint a guardian of the person in an emergency for a term not\nexceeding ninety days for a respondent wh…

§ 83.21 Exclusive and continuing jurisdiction.\n Except as otherwise provided in section 83.19 of this article, a court\nthat has appointed a guardian of the person or issued a protective order\nconsistent with this article has exclusive and continuing jurisdiction\nover the proc…

§ 83.23 Appropriate forum.\n (a) A court of this state having jurisdiction under section 83.17 of\nthis article to appoint a guardian of the person or issue a protective\norder may decline to exercise its jurisdiction if it determines at any\ntime that a court of another state is…

§ 83.25 Jurisdiction declined by reason of conduct.\n (a) If at any time a court of this state determines that it acquired\njurisdiction to appoint a guardian of the person or issue a protective\norder because of unjustifiable conduct, the court may:\n 1. decline to exercise juri…

§ 83.27 Notice of proceeding.\n If a petition for the appointment of a guardian of the person or\nissuance of a protective order is brought in this state and this state\nwas not the respondent's home state on the date the petition was filed,\nin addition to complying with the not…

§ 83.29 Proceedings in more than one state.\n Except for a petition for the appointment of a guardian of the person\nin an emergency or issuance of a protective order limited to property\nlocated in this state under paragraph one or two of subdivision (a) of\nsection 83.19 of thi…

§ 83.31 Transfer of guardianship or conservatorship to another state.\n (a) A guardian of the person or a guardian of the property appointed\nin this state may petition the court to transfer the guardianship to\nanother state.\n (b) Notice of a petition under subdivision (a) of t…

§ 83.33 Accepting guardianship or conservatorship transferred from\n another state.\n (a) To confirm transfer of a guardianship of the person or\nguardianship of the property transferred to this state under provisions\nsimilar to section 83.31 of this article, the guardian of the…

§ 83.35 Registration of orders appointing a guardian of the person.\n If a guardian of the person by whatever name designated has been\nappointed in another state and a petition for the appointment of a\nguardian of the person is not pending in this state, the guardian of the\npe…

§ 83.37 Registration of protective orders.\n If a guardian of the property has been appointed in another state and\na petition for a protective order is not pending in this state, the\nguardian of the property appointed in the other state, after giving\nnotice to the appointing c…

§ 83.39 Effect of registration.\n (a) Upon registration of an order appointing a guardian of the person\nor protective order from another state, the guardian of the person or\nguardian of the property may exercise in this state all powers\nauthorized in the order of appointment o…

§ 83.41 Uniformity of application and construction.\n In applying and construing this article, consideration must be given\nto the need to promote uniformity of the law with respect to its subject\nmatter among states that enact it.\n

§ 83.43 Relation to electronic signatures in global and national\n commerce act.\n This article modifies, limits and supersedes the federal Electronic\nSignatures in Global and National Commerce Act, 15 U.S.C. Section 7001,\net seq., but does not modify, limit or supersede Sectio…

§ 83.45 Transitional provision.\n (a) This article applies to proceedings begun on or after this\narticle's effective date.\n (b) Sections 83.01 through 83.05 and sections 83.31 through 83.43 of\nthis article apply to proceedings begun before this article's effective\ndate, regar…

§ 84.01 Short title.\n This article shall be known and may be cited as the "New York\nachieving a better life experience (NY ABLE) savings account act".\n

§ 84.03 Definitions.\n As used in this article:\n 1. The term "financial organization" means an organization authorized\nto do business in the state of New York and which: (a) is licensed or\nchartered by the department of financial services; (b) is licensed or\nchartered by an a…

§ 84.05 Powers and duties of the comptroller.\n 1. The comptroller shall establish a NY ABLE account plan for all\neligible individuals for the purpose of supporting individuals with\ndisabilities to maintain health, independence, and quality of life. The\ncomptroller is hereby a…

§ 84.07 NY ABLE account advisory council.\n 1. The NY ABLE account advisory council is hereby established and\nshall consist of the following persons or their designees: the\ncomptroller, the commissioner of the office of mental health, the\ncommissioner of the office for people …

§ 84.09 Program requirements.\n 1. "NY ABLE" accounts established pursuant to the provisions of this\narticle shall be governed by the provisions of this section.\n 2. (a) An application for a NY ABLE account shall be in the form\nprescribed by the program and contain the followi…

§ 84.11 Distribution requirements.\n Designated beneficiaries shall be eligible for a distribution from the\naccumulated funds deferred to their NY ABLE savings account established\npursuant to this article, in full and partial disbursement options for\nqualified expenses.\n

§ 9.01 Definitions.\n As used in this article:\n (a) "in need of care and treatment" means that a person has a mental\nillness for which in-patient care and treatment in a hospital is\nappropriate.\n (b) "in need of involuntary care and treatment" means that a person\nhas a menta…

§ 9.03 Admission to a hospital.\n Unless otherwise specifically provided for by statute, a person with a\nmental illness shall be admitted to a hospital as an in-patient only\npursuant to the provisions of this article, except that chemically\ndependent patients may be admitted t…

§ 9.05 Examining physicians, examining psychiatric nurse practitioners\n and medical certificates.\n (a) A person is disqualified from acting as an examining physician or\nexamining psychiatric nurse practitioner in the following cases:\n 1. if they are a relative of the person a…

§ 9.07 Notice to all patients of their rights and of the availability of\n the mental hygiene legal service.\n (a) Immediately upon the admission of any patient to a hospital or\nupon his conversion to a different status, the director shall inform the\npatient in writing of his s…

§ 9.09 Notices to mental hygiene legal service concerning minors.\n When any person under the age of eighteen years is admitted to or is\nconverted from one admission status to another in any hospital, written\nnotice of such admission or conversion shall be given to the mental\n…

* § 9.11 Patients' records.\n Except as to informal patients and patients admitted pursuant to\nsection 9.39 or 9.40, the director of a hospital shall within five days,\nexcluding Sunday and holidays, after the admission of any patient\nforward to the mental hygiene legal service…

§ 9.13 Voluntary admissions.\n (a) The director of any hospital may receive as a voluntary patient\nany suitable person in need of care and treatment, who voluntarily makes\nwritten application therefor. If the person is under sixteen years of\nage, the person may be received as …

§ 9.15 Informal admissions.\n The director of any hospital approved by the commissioner for such\npurpose may receive therein as an informal patient any suitable person\nin need of care and treatment requesting admission thereto. Such person\nmay be admitted as a patient without …

§ 9.17 Voluntary and informal admissions; suitability.\n (a) In order for a person to be suitable for admission to a hospital\nas a voluntary or informal patient, or for conversion to such status he\nmust be notified of and have the ability to understand the following:\n 1. that …

§ 9.19 Voluntary and informal admissions; notices.\n The director shall cause all patients admitted as voluntary or\ninformal patients to be informed once during each one hundred twenty\ndays of hospitalization of their status and rights, including their\nright to avail themselve…

§ 9.21 Voluntary and informal admissions; encouragement of.\n (a) It shall be the duty of all state and local officers having duties\nto perform relating to the mentally ill to encourage any person suitable\ntherefor and in need of care and treatment for mental illness to apply\n…

§ 9.23 Voluntary and informal admissions; conversion to.\n (a) Nothing contained in this article shall be construed to prohibit\nany director from converting, and it shall be his duty to convert, the\nadmission of any involuntary patient suitable and willing to apply\ntherefor to…

§ 9.25 Voluntary and informal admissions; review of status.\n (a) No voluntary or informal patient, whether admitted on such status\nor converted thereto, shall be continued in such status for a period\nbeyond twelve months from the date of commencement of such status or\nbeyond …

§ 9.27 Involuntary admission on medical certification.\n (a) The director of a hospital may receive and retain therein as a\npatient any person alleged to be mentally ill and in need of involuntary\ncare and treatment upon the certificates of two examining physicians, or\nupon th…

§ 9.29 Involuntary admission on medical certification; notice of\n admission to patients and others.\n (a) The director shall cause written notice of a person's involuntary\nadmission on an application supported by medical certification to be\ngiven forthwith to the mental hygien…

§ 9.31 Involuntary admission on medical certification; patient's right\n to a hearing.\n (a) If, at any time prior to the expiration of sixty days from the\ndate of involuntary admission of a patient on an application supported\nby medical certification, he or any relative or fri…

§ 9.33 Court authorization to retain an involuntary patient.\n (a) If the director shall determine that a patient admitted upon an\napplication supported by medical certification, for whom there is no\ncourt order authorizing retention for a specified period, is in need of\nreten…

§ 9.35 Review of court authorization to retain an involuntary patient.\n If a person who has been denied release or whose retention, continued\nretention, or transfer and continued retention has been authorized\npursuant to this article, or any relative or friend in his behalf, b…

§ 9.37 Involuntary admission on certificate of a director of community\n services or his designee.\n * (a) The director of a hospital, upon application by a director of\ncommunity services or an examining physician duly designated by him or\nher, may receive and care for in such …

§ 9.39 Emergency admissions for immediate observation, care, and\n treatment.\n (a) The director of any hospital maintaining adequate staff and\nfacilities for the observation, examination, care, and treatment of\npersons alleged to be mentally ill and approved by the commissione…

* § 9.40 Emergency observation, care and treatment in comprehensive\n psychiatric emergency programs.\n (a) The director of any comprehensive psychiatric emergency program\nmay receive and retain therein for a period not to exceed seventy-two\nhours, any person alleged to have a …

* § 9.41 Emergency assessment for immediate observation, care, and\n treatment; powers of certain peace officers and police\n officers.\n (a) Any peace officer, when acting pursuant to their special duties,\nor police officer who is a member of the state police or of an\nauthoriz…