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N.Y. Correct. Law § 505

Provision of 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 →

§ 505. Provision of routine medical, dental and mental health services\nand treatment. 1. Where an inmate who is not yet eighteen years of age\nhas been committed to the custody of the sheriff or other person in\ncharge of a local correctional facility and no medical consent has been\nobtained prior to commitment, the commitment order shall be deemed to\ngrant to the minor the capacity to consent to routine medical, dental\nand mental health services and treatment to himself or herself.\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) A notice of motion shall be served on the inmate and the sheriff\nor other person in charge of the local correctional facility not less\nthan seven days prior to the return date of the motion. The person on\nwhom the notice of motion is served shall answer the motion not less\nthan two days before the return date. On examining the motion and answer\nand, in its discretion, after hearing argument, the court shall enter an\norder, granting or denying the motion.\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 services\nand treatment where otherwise authorized by law to do so.\n

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.