NY Ment Hygiene L § 33.21 (2021)
2021 New York Laws MHY - Mental Hygiene Title E - General Provisions Article 33 - Rights of Patients 33.21 - Consent for Mental Health Treatment of Minors.

§ 33.21 Consent for mental health treatment of minors.  (a) For the purposes of this section:  (1) "minor" shall mean a person under eighteen years of age, but shall not  include  a  person  who  is the parent of a child, emancipated, has married or is on voluntary status on his or her own application pursuant to section 9.13 of this chapter;  (2) "mental health practitioner" shall mean a  physician,  a  licensed psychologist,  or  persons providing services under the supervision of a physician in a facility operated or licensed by  the  office  of  mental health;  (3) "outpatient  mental  health  services"  shall  mean those services provided in an outpatient program licensed or operated pursuant  to  the regulations of the commissioner of mental health;  (4) "reasonably  available"  shall  mean  a  parent or guardian can be contacted with diligent efforts by a mental health practitioner; and  (5) "capacity" shall  mean  the  minor's  ability  to  understand  and appreciate  the  nature  and  consequences  of  the  proposed treatment, including the benefits and risks of, and alternatives to, such  proposed treatment, and to reach an informed decision.  (b)  In  providing  outpatient  mental  health services to a minor, or psychotropic  medications  to  a  minor  residing  in  a  hospital,  the important  role  of  the  parents  or  guardians shall be recognized. As clinically appropriate, steps shall be taken  to  actively  involve  the parents  or guardians, and the consent of such persons shall be required for such treatment in non-emergency situations, except  as  provided  in subdivisions  (c),  (d)  and (e) of this section or section two thousand five hundred four of the public health law.  (c) A mental health practitioner may provide outpatient mental  health services,  other  than those treatments and procedures for which consent is specifically required by section 33.03 of this article,  to  a  minor voluntarily  seeking  such services without parental or guardian consent if the mental health practitioner determines that:  (1) the minor is knowingly and voluntarily seeking such services; and  (2) provision of such services is clinically indicated  and  necessary to the minor's well-being; and  (3) (i) a parent or guardian is not reasonably available; or  (ii)  requiring parental or guardian consent or involvement would have a detrimental effect on the course of outpatient treatment; or  (iii) a parent or guardian has refused to  give  such  consent  and  a physician  determines  that  treatment  is  necessary  and  in  the best interests of the minor.   The mental health practitioner shall fully document  the  reasons  for his  or  her determinations. Such documentation shall be included in the minor's clinical record, along with a written statement  signed  by  the minor  indicating  that  he  or  she is voluntarily seeking services. As clinically appropriate, notice  of  a  determination  made  pursuant  to subparagraph  (iii)  of  paragraph  three  of  this subdivision shall be provided to the parent or guardian.  (d) A mental health  practitioner  may  provide  a  minor  voluntarily seeking  outpatient  services  an  initial interview without parental or guardian consent or involvement to determine  whether  the  criteria  of subdivision (c) of this section are present.  (e)  (1)  Subject  to  the  regulations  of the commissioner of mental health governing the patient's right to object to treatment, subdivision (b) of this section and paragraph two of this subdivision,  the  consent of  a  parent  or  guardian  or  the  authorization  of a court shall be required  for   the   non-emergency   administration   of   psychotropic medications to a minor residing in a hospital.  (2)  A  minor  sixteen  years  of  age  or  older  who consents may be administered psychotropic medications without the consent of a parent or guardian or the authorization of a court where:  (i)  a  parent  or  guardian is not reasonably available, provided the treating physician determines that (A) the minor has capacity;  and  (B) such medications are in the minor's best interests; or  (ii)   requiring  consent  of  a  parent  or  guardian  would  have  a detrimental effect on the minor, provided the treating physician  and  a second physician who specializes in psychiatry and is not an employee of the hospital determine that (A) such detrimental effect would occur; (B) the minor has capacity; and (C) such medications are in the minor's best interests; or  (iii)  the  parent  or  guardian  has  refused  to  give such consent, provided the treating physician and a second physician  who  specializes in  psychiatry and is not an employee of the hospital determine that (A) the minor has capacity; and (B) such medications are in the minor's best interests. Notice of the decision to administer psychotropic medications pursuant to this  subparagraph  shall  be  provided  to  the  parent  or guardian.  (3)  The reasons for an exception authorized pursuant to paragraph two of this subdivision shall be fully  documented  and  such  documentation shall be included in the minor's clinical record.