§ 140. Provision for routine medical, dental and mental health\nservices and treatment. 1. Where an inmate who is not yet eighteen years\nof age has been committed or transferred to the custody of the\ndepartment and no medical consent has been obtained prior to commitment\nor transfer, the commitment order shall be deemed to grant to the minor\nthe capacity to consent to routine medical, dental and mental health\nservices and treatment to such an individual.\n 2. Subject to the regulations of the department of health, routine\nmedical, dental and mental health services and treatment is defined for\nthe purposes of this section to mean any routine diagnosis or treatment,\nincluding without limitation the administration of medications or\nnutrition, the extraction of bodily fluids for analysis, and dental care\nperformed with a local anesthetic. Routine mental health treatment shall\nnot include psychiatric administration of medication unless it is part\nof an ongoing mental health plan or unless it is otherwise authorized by\nlaw.\n 3. (a) At any time prior to the date the inmate becomes eighteen years\nof age, the inmate's parent or legal guardian may institute legal\nproceedings pursuant to section 70.20 of the penal law objecting to the\nprovision of routine medical, dental or mental health services and\ntreatment being provided to the inmate.\n (b) Such notice of motion shall be served on the inmate, the facility\nand the department not less than seven days prior to the return date of\nthe motion. The persons on whom the notice of motion is served shall\nanswer the motion not less than two days before the return date. On\nexamining the motion and answer and, in its discretion, after hearing\nargument, the court shall enter an order, granting or denying the\nmotion.\n 4. Nothing in this section shall preclude an inmate from consenting on\nhis or her own behalf to any medical, dental or mental health service\nand treatment where otherwise authorized by law to do so.\n
N.Y. Correct. Law § 140
Provision for routine medical, dental and mental health services and treatment
Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2022). View current text →
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.