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A11 shown on a map designated as "Map of Parcel to be Acquired by the Village of Colonie from Thomas Gentile; Situate in the Village of Colonie,, County of Albany, State of New York", as prepared on April 16, 1985 by Laberge Engineering and Consulting Group Ltd.

§ 4. This act shall take effect immediately.

CHAPTER 343

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AN ACT to amend the mental hygiene law, in relation to involuntary and

emergency admissions
Became a law July 16, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Section 9.01 of the mental hygiene law, as renumbered by chapter nine hundred seventy-eight of the

laws

of nineteen hundred seventy-seven, is amended to read as follows: § 9.01 Definitions.

As used in this article:

"in need of care and treatment" means that a person has a mental illness for which in-patient care and treatment in a hospital is appropriate.

"in need of involuntary care and treatment" means that a person has a mental illness for which care and treatment as a patient in hospital is essential to such person's welfare and whose judgment is so impaired that he is unable to understand the need for such care and treatment.

"need for retention" means that a person who has been admitted to a hospital pursuant to this article is in need of involuntary

and treatment in a hospital for a further period.

"record" of a patient shall consist of admission, transfer or retention papers and orders, and accompanying data required by this article and by the regulations of the commissioner.

director of community services" means the director of community services for the mentally disabled appointed pursuant to article eleven this chapter.

"qualified psychiatrist" means a physician licensed to practice medicine in New York state who: (a) is a diplomate of the American board of psychiatry and neurology or is eligible to be certified by that board; or (b) is certified by the American osteopathic board of neurology and psychiatry, or is eligible to be certified by that board.

§ 2. Subdivision (b) of section 9.27 of such law, as amended by chapter six hundred forty-four of the laws of nineteen hundred seventy-two, paragraph seven as amended by chapter four hundred seventy-one of the laws of nineteen hundred eighty, paragraph eight as added by chapter six hundred fifty-nine of the laws of nineteen hundred seventy-seven, paragraphs nine and ten as added by chapter nine hundred forty-seven of the laws

of nineteen hundred eighty-one and such section as renumbered by chapter nine hundred seventy-eight of the laws of nineteen hundred seventy-seven, is amended to read as follows:

(b) Such application must have been executed within ten days prior to such admission. It may be executed by any one of the following:

1. any person with whom the person alleged to be mentally ill resides.

2. the father mother, husband or wife, brother or sister, or the child of any such person or the nearest available relative. 3. the committee of such person.

4. officer of any public or well recognized charitabie institution or agency or home in whose institution the person alleged to be mentally ill resides.

5. the director of community services or social services official, as defined in the social [service] services law, of the city or county in which any such person may be. EXPLANATION-Matter in italics is new; matter in brackets [] is old law

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6. the director of the hospital or of a general hospital, as defined in article twenty-eight of the public health law, in which the patient is_hospitalized.

7. the director person in charge of a facility providing care to alcoholics, or substance abusers or substance dependent persons.

8. the director of the division for youth, acting, in accordance with the provisions of section five hundred seventeen of the executive law.

9. subject to the terms of any court order or any instrument executed pursuant to section three hundred eighty-four-a of the social services law, a social services official or authorized agency which has, pursuant to the social services law, care and custody or guardianship and custody of a child over the age of sixteen.

10. subject to the terms of any court order a person or entity having custody of a child pursuant to an order issued pursuant to section seven hundred fifty-six or one, thousand fifty-five of the family court act.

11. a qualified psychiatrist who is either supervising the treatment of or treating such person for a mental illness in a facility licensed or operated by the office of mental health.

5 3. Section 9.27 of such law is amended by adding a new subdivision (i) to read as follows:

(i) After an application for the admission of a person has been completed and both physicians have examined such person and separately certified that he or she is mentally ill and in need of involuntary care and treatment in a hospital, either physician is authorized to request peace officers of the state, town, village, county and city who are members of an authorized police department force

of sheriff's department, to take into custody and transport such person to a hospital for determination by the director whether such person qualifies for admission pursuant to this section. Upon the request of either physician an ambulance service, as defined by subdivision two of section three thousand one of the public health law, is authorized to transport such person to a hospital for determination by the director whether such person qualifies for admission pursuant to this section.

§ 4. Section 9.45 of such law, as amended by chapter eight hundred forty-three of the laws of nineteen hundred eighty, is amended to read as follows:

Emergency admissions for immediate observation, care, and treat

ment; powers of directors of community services. The director of community services or his designee shall have the power to direct the removal of any person, within his jurisdiction, to a hospital approved by the commissioner pursuant to subdivision (a) of section 9.39 of this article if the parent, spouse, or child of the person,

licensed physician, health officer, peace officer or police officer reports to him that such person has a mental illness for which immediate care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others, as

defined in section 9.39 of this article. It shall be the duty of peace officers, when 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 assist representatives of such director to

take into custody and transport any such person. Upon the request of a director of community services or his designee ambulance service, defined in subdivision two of section three thousand one of the public health law, is authorized to transport any such person. Such person may then be retained pursuant to the provisions of section 9.39 of this article.

§ 5. Such law is amended by adding three new sections 9.55, 9.57 and 9.59 to read as follows: § 9.55 Emergency admissions for immediate observation, care and treat

ment; powers of qualified psychiatrists. A qualified psychiatrist shall have the power to direct the removal of any person, whose treatment for a mental illness he is either supervising or providing, in & facility licensed or operated by the office of mental health which does not have an inpatient psychiatric service, to a hospital approved by the commissioner pursuant to subdivision (a) of section 9.39 of this article, if he determines upon examination of such person that such person appears to have a mental illness for which immediate observation, care and treatment in a hospital is appropriate

and which is likely result in serious harm to himself or others, as defined in section 9.39 of this article. Upon the request of such qualified psychiatrist, peace officers of the state, town, village, county, and city who are members of an authorized police department or force

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of a sheriff's department shall take into custody and transport any such
person. Upon the request of a qualified psychiatrist an ambulance
vice, as defined by subdivision two of section three thousand one of the
public health law, is authorized to transport any such person. Such per-
son may then

be admitted in accordance with the provisions of section
9.39 of this article.
S 9.57 Emergency admissions for immediate observation, care and treat-

ment; powers of emergency room physicians. A physician who has examined å person in an emergency room or provided emergency medical services at a general hospital, as defined in article twenty-eight of the public health law, which does not have an inpatient psychiatric service, shall have the power to direct the removal of such person to a hospital approved by the commissioner pursuant to subdivision (a) of section 9.39 of this article, if he determines upon examination of such person that such person appears to have a mental illness for which immediate care and treatment in a hospital is appropriate and which is likely to result in serious harm to himself or others, as defined in section 9.39 of this article. Upon the request of the physician, peace officers of the statę, town, village, county, and city who are members of an authorized police department force

of sheriff's department shall take into custody and transport any such person. Upon the request of an emergency room physician ambulance service, as defined by subdivision two of section three thousand one of the public health law, is authorized to take into custody and transport any such person. Such person may then be admitted in accordance with the provisions of section 9.39 of this article. § 9.59 Immunity from liability.

(a) Notwithstanding any inconsistent provision of any general, special or local law, an ambulance service as defined by subdivision two of section three thousand one of the public health law and any member thereof who is an emergency medical technician or an advanced emergency medical technician transporting a person to a hospital as authorized by this article and any peace officer of the state, town, village, county, and city who is a member of an authorized police department or force or of a șheriff's department taking into custody and transporting, & person to hospital as authorized by this article, shall not be liable for damages for injuries alleged to have been sustained by such person for the death of such person alleged to have occurred by reason of an act or omission unless it is established that such injuries or such death caused by gross negligence on the part of such emergency medical technician, advanced emergency medical technician, or peace officer.

(b) Nothing in this section shall be deemed to relieve or alter the liability of any such ambulance service or members or peace officers for damages injuries death arising out of the operation of motor vehicles.

This act shall take effect immediately,

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CHAPTER 344

AN ACT to amend the vehicle and traffic law, in relation to special

vehicle identification parking permits
Became a law July 16, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

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

Section 1. Paragraph nineteen of subdivision (a) of section sixteen hundred twenty-one of the vehicle and traffic law, as added by chapter one hundred eighty-one of the laws of nineteen hundred eighty, is amended to read as follows:

EXPLANATION-Matter in italics is new; matter in brackets [] is old law

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19. Make special provisions with relation to stopping, standing or parking of vehicles registered pursuant to section four hundred four-a of this chapter those possessing a [handicapped) special vehicle identification parking permit issued in accordance with section thousand two hundred three-a of this chapter.

§ 2. Subdivision twenty-two of section sixteen hundred thirty of such law, as added by chapter one hundred eighty-one of the laws of nineteen hundred eighty, is amended to read as follows:

[22] 23. Parking, standing and stopping of vehicles registered pursuant to section four hundred four-a of this chapter or those possessing a [handicapped] special vehicle identification parking permit' issued in accordance with section

thousand two hundred three-a of this chapter.

§ 3. Paragraph seventeen of subdivision (a) of section sixteen hundred forty of such law, as added by chapter one hundred eighty-one of the laws of nineteen hundred eighty, is amended to read as follows:

17. Make special provisions with relation to stopping, standing or parking of vehicles registered pursuant to section four hundred four-a of this chapter those possessing a [handicapped) special vehicle identification parking permit issued in accordance with section thousand two hundred three-a of this chapter.

§ 4. Subdivision ten of section sixteen hundred forty-a of such law, as added by chapter one hundred eighty-one of the laws of nineteen hundred eighty, is amended to read as follows:

10. Make special provisions with relation to stopping, standing or parking of vehicles registered pursuant to section four hundred four-a of this chapter those possessing a [handicapped] special vehicle identification parking permit issued in accordance with section thousand two hundred three-a of this chapter.

§ 5. Paragraph twenty-five of subdivision (a) of section sixteen hundred forty-two of such law, as added by chapter one hundred eighty-one of the laws of nineteen hundred eighty, is amended to read as follows:

25. Parking, standing and stopping of vehicles registered pursuant to section four hundred four-a of this chapter those possessing a [handicapped] special vehicle identification parking permit issued in accordance with section

thousand two hundred three-a of this chapter.

$ 6. Paragraph twenty-six of subdivision (a) of section sixteen hundred sixty of such law, as added by chapter one hundred eighty-one of the laws of nineteen hundred eighty, and as renumbered by chapter ten hundred eight of the laws of nineteen hundred eighty-three, amended to read as follows:

Make special provisions with relation to stopping, standing or parking of vehicles registered pursuant to section four hundred four-a of this chapter or those

possessing a [handicapped] special vehicle identification parking permit issued in accordance with section thousand two hundred three-a of this chapter.

§ 7. Subdivision ten of section sixteen hundred sixty-a of such law, as added by chapter one hundred eighty-one of the laws of nineteen hundred eighty, is amended to read as follows:

10. Make special provisions with relation to stopping, standing or parking of vehicles registered pursuant to section four hundred four-a of this chapter or those possessing a [handicapped] special vehicle identification parking, permit issued in accordance with section one thousand two hundred three-a of this chapter.

§ 8. Subdivision six of section sixteen hundred seventy of such law, as added by chapter one hundred eighty-one of the laws of nineteen

hundred eighty, is amended to read as follows:

6. Make special provisions with relation to stopping, standing or parking of vehicles registered pursuant to section four hundred four-a of this chapter or those possessing a [handicapped) special vehicle identification parking permit issued in accordance with section thousand two hundred three-a of this chapter.

§ 9. This act shall take effect immediately.

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CHAPTER 345

AN ACT to amend the mental hygiene law, in relation to making, certain

technical corrections with respect to the education of mentally.dis-
abled children and requiring hearing evaluation of certain residents
in facilities of the state
Became a law July 16, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

is

or

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

Section 1. Section 33. 11 of the mental hygiene law, as amended by chapter sixty-six of the laws of nineteen hundred seventy-eight, amended to read as follows: § 33. 11 Education for mentally disabled children[; hearing tests).

The office of mental [hygiene) health and the office of mental retardation and developmental disabilities shall provide the same education for patients in office of mental [hygiene) health hospitals and residents in office of mental retardation and developmental disabilities schools who are between the ages of five and twenty-one which they would otherwise be entitled to receive in their local school districts pursuant to article eighty-nine of the education law. The cost of such education shall be a charge upon and shall be paid by the office of mental (hygiene) health or the office of mental retardation and developmental disabilities when received within such a hospital

school by patient or resident therein. Such education shall be adapted to the mental attainments of such children. Provided, however, that such children as can benefit therefrom shall be admitted to the schools of the school district in which such hospital or school is located in accordance with regulations of the commissioner of education developed in consultation with the commissioners of mental [hygiene) health and mental retardation and developmental disabilities. The cost of such instruction less the State aid attributed to such child, shall be a charge upon the school district in which the child résided at the time of admission to the State hospital or school, except in those cases as provided in paragraph c of subdivision [six] five of section thirty-two hundred two of the education law.

[The office of mental retardation and developmental disabilities shall have the power and it shall be its duty, under regulations to be made by the commissioner, to provide suitable hearing tests for the residents in state schools who do not speak, are hard of hearing, or are suspected of deafness. Upon the ascertainment that any residenť so tested is deaf or hard of hearing, it shall be the duty of the office to provide suitable hearing aids and other remedial efforts to overcome this handicap and to ascertain the true level of intelligence of such residents. ]

§ 2. Such law is amended by adding a new section 33. 12 to read as follows: § 33.12 Hearing evaluation.

The office of mental retardation and developmental disabilities shall provide sụitable hearing evaluations periodically for the residents in state schools. Ypon the ascertainment that any resident so evaluated is deaf or hard of hearing, it shall be the duty of the office to provide suitable remedial efforts, to include, but not be limited to, hearing aids, alternative forms of communication and auditory, training to come this handicap and to ascertain the true level of intelligence of such residents.

§ 3. This act shall take effect immediately.

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EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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