NY Ment Hygiene L § 9.60 (2021)
2021 New York Laws MHY - Mental Hygiene Title B - Mental Health Act Article 9 - Hospitalization of Persons With a Mental Illness 9.60 - Assisted Outpatient Treatment.

* § 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  eighty  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, 2022