New York S 2664: Relates to emergency intervention for persons impaired by chemical substances

Bill Text

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S02664 Summary:

BILL NOS02664 

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SAME ASNo Same As

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SPONSORORTT

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COSPNSRROLISON

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MLTSPNSR

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Amd §§22.09 & 22.11, add §§22.10 & 22.13, Ment Hyg L

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Provides for emergency intervention services for persons impaired by chemical substances.

Go to top S02664 Actions:

BILL NOS02664 

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01/22/2025REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS

01/07/2026REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS

Go to topS02664 Committee&nbspVotes:

Go to topS02664 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02664 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2664

 2025-2026 Regular Sessions

 IN SENATE

 January 22, 2025
 ___________

 Introduced by Sen. ORTT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Alcoholism and Substance
 Use Disorders

 AN ACT to amend the mental hygiene law, in relation to emergency inter-
 vention for persons impaired by substances

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 22.09 of the mental hygiene law, as amended by
 2 section 1 of part D of chapter 69 of the laws of 2016, paragraph 5 of
 3 subdivision (a) as amended by section 9 of part AA of chapter 57 of the
 4 laws of 2021, is amended to read as follows:
 5 § 22.09 Emergency services for persons intoxicated, impaired, or inca-
 6 pacitated by alcohol [and/or substances].
 7 (a) As used in this article:
 8 1. "Intoxicated or impaired person" means a person whose mental or
 9 physical functioning is substantially impaired as a result of the pres-
 10 ence of alcohol [and/or substances] in [his or her] their body.
 11 2. "Incapacitated" means that a person, as a result of the use of
 12 alcohol [and/or substances], is unconscious or has [his or her] their
 13 judgment otherwise so impaired that [he or she is] they are incapable of
 14 realizing and making a rational decision with respect to [his or her]
 15 their need for treatment.
 16 3. "Likelihood to result in harm" or "likely to result in harm" means
 17 (i) a substantial risk of physical harm to the person as manifested by
 18 threats of or attempts at suicide or serious bodily harm or other
 19 conduct demonstrating that the person is dangerous to [himself or
 20 herself] themself, or (ii) a substantial risk of physical harm to other
 21 persons as manifested by homicidal or other violent behavior by which
 22 others are placed in reasonable fear of serious physical harm.
 23 4. "Emergency services" means immediate physical examination, assess-
 24 ment, care and treatment of an incapacitated person for the purpose of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06846-01-5

 S. 2664 2

 1 confirming that the person is, and continues to be, incapacitated by
 2 alcohol [and/or substances] to the degree that there is a likelihood to
 3 result in harm to the person or others.
 4 5. "Treatment facility" means a facility designated by the commission-
 5 er which may only include a general hospital as defined in article twen-
 6 ty-eight of the public health law, or a medically managed or medically
 7 supervised withdrawal, inpatient rehabilitation, or residential stabili-
 8 zation treatment program that has been certified by the commissioner to
 9 have appropriate medical staff available on-site at all times to provide
 10 emergency services and continued evaluation of capacity of individuals
 11 retained under this section or a crisis stabilization center licensed
 12 pursuant to [article] section 36.01 of this chapter.
 13 (b) 1. An intoxicated or impaired person may come voluntarily for
 14 emergency services to a chemical dependence program or treatment facili-
 15 ty authorized by the commissioner to provide such emergency services. A
 16 person who appears to be intoxicated or impaired and who consents to the
 17 proffered help may be assisted by any peace officer acting pursuant to
 18 [his or her] their special duties, police officer, or by a designee of
 19 the director of community services to return to [his or her] their home,
 20 to a chemical dependence program or treatment