2023 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) except  as  otherwise  provided  in  subparagraph  (iii)  of  this
paragraph,  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)  except  as  otherwise  provided  in  subparagraph  (iii) of this
paragraph, 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; or
(iii) notwithstanding subparagraphs (i) and (ii)  of  this  paragraph,
resulted  in  the  issuance  of  a  court  order for assisted outpatient
treatment which has expired within the last six months,  and  since  the
expiration  of  the  order,  the  person  has  experienced a substantial
increase in symptoms of mental illness and such  symptoms  substantially
interferes  with  or  limits  one  or  more  major  life  activities  as
determined by a  director  of  community  services  who  previously  was
required  to  coordinate  and monitor the care of any individual who was
subject  to  such  expired  assisted  outpatient  treatment  order.  The
applicable  director  of  community  services  or  their  designee shall
arrange for the individual to  be  evaluated  by  a  physician.  If  the
physician determines court ordered services are clinically necessary and
the  least  restrictive  option,  the director of community services may
initiate a court proceeding.
(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  or  by
videoconference at the hearing. Provided however, a physician shall only
be authorized to testify by video conference when it has been: (i) shown
that  diligent  efforts  have been made to attend such hearing in person
and the subject of the petition consents to the physician testifying  by
video  conference;  or (ii) the court orders the physician to testify by
video conference upon a finding of  good  cause.  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.
(s)  A  director  of  community  services  or  his or her designee may
require  a  provider  of  inpatient  psychiatric  services  operated  or
licensed  by  the  office  of  mental  health to provide contemporaneous
information, including but not limited  to  relevant  clinical  records,
documents,   and  other  information  concerning  the  person  receiving
assisted outpatient treatment pursuant to an active assisted  outpatient
treatment  order,  that is deemed necessary by such director or designee
who is required to coordinate and monitor the care of any individual who
was subject to an active assisted outpatient treatment order  to  appro-
priately  discharge  their  duties  pursuant  to  section  9.47  of this
article, and where such provider of inpatient  psychiatric  services  is
required  to  disclose  such information pursuant to paragraph twelve of
subdivision (c) of section 33.13 of this chapter and such disclosure  is
in   accordance   with   all   other   applicable   state   and  federal
confidentiality laws. None of the records or information obtained by the
director of community services pursuant to  this  subdivision  shall  be
public records, and the records shall not be released by the director to
any person or agency, except as already authorized by law.
* NB Repealed June 30, 2027