§ 9.60 — Assisted outpatient treatment

New York § 9.60

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title B: Mental Health Act
• Art. 9: Hospitalization of Persons With a Mental Illness

Text

* § 9.60 Assisted outpatient treatment.\n (a) Definitions. For purposes of this section, the following\ndefinitions shall apply:\n (1) "assisted outpatient treatment" shall mean categories of\noutpatient services which have been ordered by the court pursuant to\nthis section. Such treatment shall include case management services or\nassertive community treatment team services to provide care\ncoordination, and may also include any of the following categories of\nservices: medication; periodic blood tests or urinalysis to determine\ncompliance with prescribed medications; individual or group therapy; day\nor partial day programming activities; educational and vocational\ntraining or activities; alcohol or substance abuse treatment and\ncounseling and periodic tests for the presence of alcohol or illegal\ndrugs for persons with a history of alcohol or substance abuse;\nsupervision of living arrangements; and any other services within a\nlocal services plan developed pursuant to article forty-one of this\nchapter, prescribed to treat the person's mental illness and to assist\nthe person in living and functioning in the community, or to attempt to\nprevent a relapse or deterioration that may reasonably be predicted to\nresult in suicide or the need for hospitalization.\n (2) "director" shall mean the director of community services of a\nlocal governmental unit, or the director of a hospital licensed or\noperated by the office of mental health which operates, directs and\nsupervises an assisted outpatient treatment program.\n (3) "director of community services" and "local governmental unit"\nshall have the same meanings as provided in article forty-one of this\nchapter. The "appropriate director" shall mean the director of community\nservices of the county where the assisted outpatient resides, even if it\nis a different county than the county where the assisted outpatient\ntreatment order was originally issued.\n (4) "assisted outpatient treatment program" shall mean a system to\narrange for and coordinate the provision of assisted outpatient\ntreatment, to monitor treatment compliance by assisted outpatients, to\nevaluate the condition or needs of assisted outpatients, to take\nappropriate steps to address the needs of such individuals, and to\nensure compliance with court orders.\n (5) "assisted outpatient" shall mean the person under a court order to\nreceive assisted outpatient treatment.\n (6) "subject of the petition" or "subject" shall mean the person who\nis alleged in a petition, filed pursuant to the provisions of this\nsection, to meet the criteria for assisted outpatient treatment.\n (7) "correctional facility" and "local correctional facility" shall\nhave the same meanings as provided in section two of the correction law.\n (8) "health care proxy" and "health care agent" shall have the same\nmeanings as provided in article twenty-nine-C of the public health law.\n (9) "program coordinator" shall mean an individual appointed by the\ncommissioner of mental health, pursuant to subdivision (f) of section\n7.17 of this chapter, who is responsible for the oversight and\nmonitoring of assisted outpatient treatment programs.\n (b) Programs. The director of community services of each local\ngovernmental unit shall operate, direct and supervise an assisted\noutpatient treatment program. The director of a hospital licensed or\noperated by the office of mental health may operate, direct and\nsupervise an assisted outpatient treatment program, upon approval by the\ncommissioner. Directors of community services shall be permitted to\nsatisfy the provisions of this subdivision through the operation of\njoint assisted outpatient treatment programs. Nothing in this\nsubdivision shall be interpreted to preclude the combination or\ncoordination of efforts between and among local governmental units and\nhospitals in providing and coordinating assisted outpatient treatment.\n (c) Criteria. A person may be ordered to receive assisted outpatient\ntreatment if the court finds that such person:\n (1) is eighteen years of age or older; and\n (2) is suffering from a mental illness; and\n (3) is unlikely to survive safely in the community without\nsupervision, based on a clinical determination; and\n (4) has a history of lack of compliance with treatment for mental\nillness that has:\n (i) except as otherwise provided in subparagraph (iii) of this\nparagraph, prior to the filing of the petition, at least twice within\nthe last thirty-six months been a significant factor in necessitating\nhospitalization in a hospital, or receipt of services in a forensic or\nother mental health unit of a correctional facility or a local\ncorrectional facility, not including any current period, or period\nending within the last six months, during which the person was or is\nhospitalized or incarcerated; or\n (ii) except as otherwise provided in subparagraph (iii) of this\nparagraph, prior to the filing of the petition, resulted in one or more\nacts of serious violent behavior toward self or others or threats of, or\nattempts at, serious physical harm to self or others within the last\nforty-eight months, not including any current period, or period ending\nwithin the last six months, in which the person was or is hospitalized\nor incarcerated; or\n (iii) notwithstanding subparagraphs (i) and (ii) of this paragraph,\nresulted in the issuance of a court order for assisted outpatient\ntreatment that has expired within the last six months, and since the\nexpiration of the order; (a) the person has experienced a substantial\nincrease in symptoms of mental illness that substantially interferes\nwith or limits the person's ability to comply with recommended\ntreatment; or (b) the person, due to a lack of compliance with\nrecommended treatment, has undergone emergency observation, care, and\ntreatment or has been admitted for inpatient care or has been\nincarcerated;\n (5) is, as a result of his or her mental illness, unlikely to\nvoluntarily participate in outpatient treatment that would enable him or\nher to live safely in the community; and\n (6) in view of his or her treatment history and current behavior, is\nin need of assisted outpatient treatment in order to prevent a relapse\nor deterioration which would be likely to result in serious harm to the\nperson or others as defined in section 9.01 of this article; and\n (7) is likely to benefit from assisted outpatient treatment. Previous\nnon-compliance with court oversight or mandated treatment shall not\npreclude a finding that the person is likely to benefit from assisted\noutpatient treatment.\n (d) Health care proxy. Nothing in this section shall preclude a person\nwith a health care proxy from being subject to a petition pursuant to\nthis chapter and consistent with article twenty-nine-C of the public\nhealth law.\n (e) Petition to the court. (1) A petition for an order authorizing\nassisted outpatient treatment may be filed in the supreme or county\ncourt in the county in which the subject of the petition is present or\nreasonably believed to be present. Such petition may be initiated only\nby the following persons:\n (i) any person eighteen years of age or older with whom the subject of\nthe petition resides; or\n (ii) the parent, spouse, domestic partner, sibling eighteen years of\nage or older, or child eighteen years of age or older of the subject of\nthe petition; or\n (iii) the director of a hospital in which the subject of the petition\nis hospitalized; or\n (iv) the director of any public or charitable organization, agency or\nhome providing mental health services to the subject of the petition or\nin whose institution the subject of the petition resides; or\n (v) a qualified psychiatrist who is either supervising the treatment\nof or treating the subject of the petition for a mental illness; or\n (vi) a psychologist, licensed pursuant to article one hundred\nfifty-three of the education law, or a social worker, licensed pursuant\nto article one hundred fifty-four of the education law, who is treating\nthe subject of the petition for a mental illness; or\n (vii) the director of community services, or his or her designee, or\nthe social services official, as defined in the social services law, of\nthe city or county in which the subject of the petition is present or\nreasonably believed to be present; or\n (viii) a parole officer or probation officer assigned to supervise the\nsubject of the petition.\n (2) The petition shall state:\n (i) each of the criteria for assisted outpatient treatment as set\nforth in subdivision (c) of this section;\n (ii) facts which support the petitioner's belief that the subject of\nthe petition meets each criterion, provided that the hearing on the\npetition need not be limited to the stated facts; and\n (iii) that the subject of the petition is present, or is reasonably\nbelieved to be present, within the county where such petition is filed.\n (3) The petition shall be accompanied by an affirmation or affidavit\nof a physician, who shall not be the petitioner, stating either that:\n (i) such physician has personally examined the subject of the petition\nno more than ten days prior to the submission of the petition,\nrecommends assisted outpatient treatment for the subject of the\npetition, and is willing and able to testify at the hearing on the\npetition; or\n (ii) no more than ten days prior to the filing of the petition, such\nphysician or his or her designee has made appropriate attempts but has\nnot been successful in eliciting the cooperation of the subject of the\npetition to submit to an examination, such physician has reason to\nsuspect that the subject of the petition meets the criteria for assisted\noutpatient treatment, and such physician is willing and able to examine\nthe subject of the petition and testify at the hearing on the petition.\n (4) In counties with a population of less than eighty thousand, the\naffirmation or affidavit required by paragraph three of this subdivision\nmay be made by a physician who is an employee of the office. The office\nis authorized to make available, at no cost to the county, a qualified\nphysician for the purpose of making such affirmation or affidavit\nconsistent with the provisions of such paragraph.\n (f) Service. The petitioner shall cause written notice of the petition\nto be given to the subject of the petition and a copy thereof to be\ngiven personally or by mail to the persons listed in section 9.29 of\nthis article, the mental hygiene legal service, the health care agent if\nany such agent is known to the petitioner, the appropriate program\ncoordinator, and the appropriate director of community services, if such\ndirector is not the petitioner.\n (g) Right to counsel. The subject of the petition shall have the right\nto be represented by the mental hygiene legal service, or privately\nfinanced counsel, at all stages of a proceeding commenced under this\nsection.\n (h) Hearing. (1) Upon receipt of the petition, the court shall fix the\ndate for a hearing. Such date shall be no later than three days from the\ndate such petition is received by the court, excluding Saturdays,\nSundays and holidays. Adjournments shall be permitted only for good\ncause shown. In granting adjournments, the court shall consider the need\nfor further examination by a physician or the potential need to provide\nassisted outpatient treatment expeditiously. The court shall cause the\nsubject of the petition, any other person receiving notice pursuant to\nsubdivision (f) of this section, the petitioner, the physician whose\naffirmation or affidavit accompanied the petition, and such other\npersons as the court may determine to be advised of such date. Upon such\ndate, or upon such other date to which the proceeding may be adjourned,\nthe court shall hear testimony and, if it be deemed advisable and the\nsubject of the petition is available, examine the subject of the\npetition in or out of court. If the subject of the petition does not\nappear at the hearing, and appropriate attempts to elicit the attendance\nof the subject have failed, the court may conduct the hearing in the\nsubject's absence. In such case, the court shall set forth the factual\nbasis for conducting the hearing without the presence of the subject of\nthe petition.\n (2) The court shall not order assisted outpatient treatment unless an\nexamining physician, who recommends assisted outpatient treatment and\nhas personally examined the subject of the petition no more than ten\ndays before the filing of the petition, testifies in person or by\nvideoconference at the hearing. Provided however, a physician shall only\nbe authorized to testify by video conference when it has been: (i) shown\nthat diligent efforts have been made to attend such hearing in person\nand the subject of the petition consents to the physician testifying by\nvideo conference; or (ii) the court orders the physician to testify by\nvideo conference upon a finding of good cause. Such physician shall\nstate the facts and clinical determinations which support the allegation\nthat the subject of the petition meets each of the criteria for assisted\noutpatient treatment.\n (3) If the subject of the petition has refused to be examined by a\nphysician, the court may request the subject to consent to an\nexamination by a physician appointed by the court. If the subject of the\npetition does not consent and the court finds reasonable cause to\nbelieve that the allegations in the petition are true, the court may\norder peace officers, acting pursuant to their special duties, or police\nofficers who are members of an authorized police department or force, or\nof a sheriff's department to take the subject of the petition into\ncustody and transport him or her to a hospital for examination by a\nphysician. Retention of the subject of the petition under such order\nshall not exceed twenty-four hours. The examination of the subject of\nthe petition may be performed by the physician whose affirmation or\naffidavit accompanied the petition pursuant to paragraph three of\nsubdivision (e) of this section, if such physician is privileged by such\nhospital or otherwise authorized by such hospital to do so. If such\nexamination is performed by another physician, the examining physician\nmay consult with the physician whose affirmation or affidavit\naccompanied the petition as to whether the subject meets the criteria\nfor assisted outpatient treatment.\n (4) A physician who testifies pursuant to paragraph two of this\nsubdivision shall state: (i) the facts which support the allegation that\nthe subject meets each of the criteria for assisted outpatient\ntreatment, (ii) that the treatment is the least restrictive alternative,\n(iii) the recommended assisted outpatient treatment, and (iv) the\nrationale for the recommended assisted outpatient treatment. If the\nrecommended assisted outpatient treatment includes medication, such\nphysician's testimony shall describe the types or classes of medication\nwhich should be authorized, shall describe the beneficial and\ndetrimental physical and mental effects of such medication, and shall\nrecommend whether such medication should be self-administered or\nadministered by authorized personnel.\n (5) The subject of the petition shall be afforded an opportunity to\npresent evidence, to call witnesses on his or her behalf, and to\ncross-examine adverse witnesses.\n (i) Written treatment plan. (1) The court shall not order assisted\noutpatient treatment unless a physician appointed by the appropriate\ndirector, in consultation with such director, develops and provides to\nthe court a proposed written treatment plan. The written treatment plan\nshall include case management services or assertive community treatment\nteam services to provide care coordination. The written treatment plan\nalso shall include all categories of services, as set forth in paragraph\none of subdivision (a) of this section, which such physician recommends\nthat the subject of the petition receive. All service providers shall be\nnotified regarding their inclusion in the written treatment plan. If the\nwritten treatment plan includes medication, it shall state whether such\nmedication should be self-administered or administered by authorized\npersonnel, and shall specify type and dosage range of medication most\nlikely to provide maximum benefit for the subject. If the written\ntreatment plan includes alcohol or substance abuse counseling and\ntreatment, such plan may include a provision requiring relevant testing\nfor either alcohol or illegal substances provided the physician's\nclinical basis for recommending such plan provides sufficient facts for\nthe court to find (i) that such person has a history of alcohol or\nsubstance abuse that is clinically related to the mental illness; and\n(ii) that such testing is necessary to prevent a relapse or\ndeterioration which would be likely to result in serious harm to the\nperson or others. If a director is the petitioner, the written treatment\nplan shall be provided to the court no later than the date of the\nhearing on the petition. If a person other than a director is the\npetitioner, such plan shall be provided to the court no later than the\ndate set by the court pursuant to paragraph three of subdivision (j) of\nthis section.\n (2) The physician appointed to develop the written treatment plan\nshall provide the following persons with an opportunity to actively\nparticipate in the development of such plan: the subject of the\npetition; the treating physician, if any; and upon the request of the\nsubject of the petition, an individual significant to the subject\nincluding any relative, close friend or individual otherwise concerned\nwith the welfare of the subject. If the subject of the petition has\nexecuted a health care proxy, the appointed physician shall consider any\ndirections included in such proxy in developing the written treatment\nplan.\n (3) The court shall not order assisted outpatient treatment unless a\nphysician appearing on behalf of a director testifies to explain the\nwritten proposed treatment plan. Such physician shall state the\ncategories of assisted outpatient treatment recommended, the rationale\nfor each such category, facts which establish that such treatment is the\nleast restrictive alternative, and, if the recommended assisted\noutpatient treatment plan includes medication, such physician shall\nstate the types or classes of medication recommended, the beneficial and\ndetrimental physical and mental effects of such medication, and whether\nsuch medication should be self-administered or administered by an\nauthorized professional. If the subject of the petition has executed a\nhealth care proxy, such physician shall state the consideration given to\nany directions included in such proxy in developing the written\ntreatment plan. If a director is the petitioner, testimony pursuant to\nthis paragraph shall be given at the hearing on the petition. If a\nperson other than a director is the petitioner, such testimony shall be\ngiven on the date set by the court pursuant to paragraph three of\nsubdivision (j) of this section.\n (j) Disposition. (1) If after hearing all relevant evidence, the court\ndoes not find by clear and convincing evidence that the subject of the\npetition meets the criteria for assisted outpatient treatment, the court\nshall dismiss the petition.\n (2) If after hearing all relevant evidence, the court finds by clear\nand convincing evidence that the subject of the petition meets the\ncriteria for assisted outpatient treatment, and there is no appropriate\nand feasible less restrictive alternative, the court may order the\nsubject to receive assisted outpatient treatment for an initial period\nnot to exceed one year. In fashioning the order, the court shall\nspecifically make findings by clear and convincing evidence that the\nproposed treatment is the least restrictive treatment appropriate and\nfeasible for the subject. The order shall state an assisted outpatient\ntreatment plan, which shall include all categories of assisted\noutpatient treatment, as set forth in paragraph one of subdivision (a)\nof this section, which the assisted outpatient is to receive, but shall\nnot include any such category that has not been recommended in both the\nproposed written treatment plan and the testimony provided to the court\npursuant to subdivision (i) of this section.\n (3) If after hearing all relevant evidence presented by a petitioner\nwho is not a director, the court finds by clear and convincing evidence\nthat the subject of the petition meets the criteria for assisted\noutpatient treatment, and the court has yet to be provided with a\nwritten proposed treatment plan and testimony pursuant to subdivision\n(i) of this section, the court shall order the appropriate director to\nprovide the court with such plan and testimony no later than the third\nday, excluding Saturdays, Sundays and holidays, immediately following\nthe date of such order. Upon receiving such plan and testimony, the\ncourt may order assisted outpatient treatment as provided in paragraph\ntwo of this subdivision.\n (4) A court may order the patient to self-administer psychotropic\ndrugs or accept the administration of such drugs by authorized personnel\nas part of an assisted outpatient treatment program. Such order may\nspecify the type and dosage range of such psychotropic drugs and such\norder shall be effective for the duration of such assisted outpatient\ntreatment.\n (5) If the petitioner is the director of a hospital that operates an\nassisted outpatient treatment program, the court order shall direct the\nhospital director to provide or arrange for all categories of assisted\noutpatient treatment for the assisted outpatient throughout the period\nof the order. In all other instances, the order shall require the\nappropriate director, as that term is defined in this section, to\nprovide or arrange for all categories of assisted outpatient treatment\nfor the assisted outpatient throughout the period of the order.\n (6) The director shall cause a copy of any court order issued pursuant\nto this section to be served personally, or by mail, facsimile or\nelectronic means, upon the assisted outpatient, the mental hygiene legal\nservice or anyone acting on the assisted outpatient's behalf, the\noriginal petitioner, identified service providers, and all others\nentitled to notice under subdivision (f) of this section.\n (k) Petition for additional periods of treatment. (1) Prior to the\nexpiration of an order pursuant to this section, the appropriate\ndirector shall review whether the assisted outpatient continues to meet\nthe criteria for assisted outpatient treatment. If, as documented in the\npetition, the director determines that such criteria continue to be met\nor has made appropriate attempts to, but has not been successful in\neliciting, the cooperation of the subject to submit to an examination,\nwithin thirty days prior to the expiration of an order of assisted\noutpatient treatment, such director may petition the court to order\ncontinued assisted outpatient treatment pursuant to paragraph two of\nthis subdivision. Upon determining whether such criteria continue to be\nmet, such director shall notify the program coordinator in writing as to\nwhether a petition for continued assisted outpatient treatment is\nwarranted and whether such a petition was or will be filed.\n (2) Within thirty days prior to the expiration of an order of assisted\noutpatient treatment, the appropriate director or the current\npetitioner, if the current petition was filed pursuant to subparagraph\n(i) or (ii) of paragraph one of subdivision (e) of this section, and the\ncurrent petitioner retains his or her original status pursuant to the\napplicable subparagraph, may petition the court to order continued\nassisted outpatient treatment for a period not to exceed one year from\nthe expiration date of the current order. If the court's disposition of\nsuch petition does not occur prior to the expiration date of the current\norder, the current order shall remain in effect until such disposition.\nThe procedures for obtaining any order pursuant to this subdivision\nshall be in accordance with the provisions of the foregoing subdivisions\nof this section; provided that the time restrictions included in\nparagraph four of subdivision (c) of this section shall not be\napplicable. The notice provisions set forth in paragraph six of\nsubdivision (j) of this section shall be applicable. Any court order\nrequiring periodic blood tests or urinalysis for the presence of alcohol\nor illegal drugs shall be subject to review after six months by the\nphysician who developed the written treatment plan or another physician\ndesignated by the director, and such physician shall be authorized to\nterminate such blood tests or urinalysis without further action by the\ncourt.\n (l) Petition for an order to stay, vacate or modify. (1) In addition\nto any other right or remedy available by law with respect to the order\nfor assisted outpatient treatment, the assisted outpatient, the mental\nhygiene legal service, or anyone acting on the assisted outpatient's\nbehalf may petition the court on notice to the director, the original\npetitioner, and all others entitled to notice under subdivision (f) of\nthis section to stay, vacate or modify the order.\n (2) The appropriate director shall petition the court for approval\nbefore instituting a proposed material change in the assisted outpatient\ntreatment plan, unless such change is authorized by the order of the\ncourt. Such petition shall be filed on notice to all parties entitled to\nnotice under subdivision (f) of this section. Not later than five days\nafter receiving such petition, excluding Saturdays, Sundays and\nholidays, the court shall hold a hearing on the petition; provided that\nif the assisted outpatient informs the court that he or she agrees to\nthe proposed material change, the court may approve such change without\na hearing. Non-material changes may be instituted by the director\nwithout court approval. For the purposes of this paragraph, a material\nchange is an addition or deletion of a category of services to or from a\ncurrent assisted outpatient treatment plan, or any deviation without the\nassisted outpatient's consent from the terms of a current order relating\nto the administration of psychotropic drugs.\n (m) Appeals. Review of an order issued pursuant to this section shall\nbe had in like manner as specified in section 9.35 of this article.\n (n) Failure to comply with assisted outpatient treatment. Where in the\nclinical judgment of a physician, (i) the assisted outpatient, has\nfailed or refused to comply with the assisted outpatient treatment, (ii)\nefforts were made to solicit compliance, and (iii) such assisted\noutpatient may be in need of involuntary admission to a hospital\npursuant to section 9.27 of this article or immediate observation, care\nand treatment pursuant to section 9.39 or 9.40 of this article, such\nphysician may request the appropriate director of community services,\nthe director's designee, or any physician designated by the director of\ncommunity services pursuant to section 9.37 of this article, to direct\nthe removal of such assisted outpatient to an appropriate hospital for\nan examination to determine if such person has a mental illness for\nwhich hospitalization is necessary pursuant to section 9.27, 9.39 or\n9.40 of this article. Furthermore, if such assisted outpatient refuses\nto take medications as required by the court order, or he or she refuses\nto take, or fails a blood test, urinalysis, or alcohol or drug test as\nrequired by the court order, such physician may consider such refusal or\nfailure when determining whether the assisted outpatient is in need of\nan examination to determine whether he or she has a mental illness for\nwhich hospitalization is necessary. Upon the request of such physician,\nthe appropriate director, the director's designee, or any physician\ndesignated pursuant to section 9.37 of this article, may direct peace\nofficers, acting pursuant to their special duties, or police officers\nwho are members of an authorized police department or force or of a\nsheriff's department to take the assisted outpatient into custody and\ntransport him or her to the hospital operating the assisted outpatient\ntreatment program or to any hospital authorized by the director of\ncommunity services to receive such persons. Such law enforcement\nofficials shall carry out such directive. Upon the request of such\nphysician, the appropriate director, the director's designee, or any\nphysician designated pursuant to section 9.37 of this article, an\nambulance service, as defined by subdivision two of section three\nthousand one of the public health law, or an approved mobile crisis\noutreach team as defined in section 9.58 of this article shall be\nauthorized to take into custody and transport any such person to the\nhospital operating the assisted outpatient treatment program, or to any\nother hospital authorized by the appropriate director of community\nservices to receive such persons. Any director of community services, or\ndesignee, shall be authorized to direct the removal of an assisted\noutpatient who is present in his or her county to an appropriate\nhospital, in accordance with the provisions of this subdivision, based\nupon a determination of the appropriate director of community services\ndirecting the removal of such assisted outpatient pursuant to this\nsubdivision. Such person may be retained for observation, care and\ntreatment and further examination in the hospital for up to seventy-two\nhours to permit a physician to determine whether such person has a\nmental illness and is in need of involuntary care and treatment in a\nhospital pursuant to the provisions of this article. Any continued\ninvoluntary retention in such hospital beyond the initial seventy-two\nhour period shall be in accordance with the provisions of this article\nrelating to the involuntary admission and retention of a person. If at\nany time during the seventy-two hour period the person is determined not\nto meet the involuntary admission and retention provisions of this\narticle, and does not agree to stay in the hospital as a voluntary or\ninformal patient, he or she must be released. Failure to comply with an\norder of assisted outpatient treatment shall not be grounds for\ninvoluntary civil commitment or a finding of contempt of court.\n (o) Effect of determination that a person is in need of assisted\noutpatient treatment. The determination by a court that a person is in\nneed of assisted outpatient treatment shall not be construed as or\ndeemed to be a determination that such person is incapacitated pursuant\nto article eighty-one of this chapter.\n (p) False petition. A person making a false statement or providing\nfalse information or false testimony in a petition or hearing under this\nsection shall be subject to criminal prosecution pursuant to article one\nhundred seventy-five or article two hundred ten of the penal law.\n (q) Exception. Nothing in this section shall be construed to affect\nthe ability of the director of a hospital to receive, admit, or retain\npatients who otherwise meet the provisions of this article regarding\nreceipt, retention or admission.\n (r) Education and training. (1) The office of mental health, in\nconsultation with the office of court administration, shall prepare\neducational and training materials on the use of this section, which\nshall be made available to local governmental units, providers of\nservices, judges, court personnel, law enforcement officials and the\ngeneral public.\n (2) The office, in consultation with the office of court\nadministration, shall establish a mental health training program for\nsupreme and county court judges and court personnel. Such training shall\nfocus on the use of this section and generally address issues relating\nto mental illness and mental health treatment.\n (s) A director of community services or his or her designee may\nrequire a provider of inpatient psychiatric services operated or\nlicensed by the office of mental health to provide contemporaneous\ninformation, including but not limited to relevant clinical records,\ndocuments, and other information concerning the person receiving\nassisted outpatient treatment pursuant to an active assisted outpatient\ntreatment order, that is deemed necessary by such director or designee\nwho is required to coordinate and monitor the care of any individual who\nwas subject to an active assisted outpatient treatment order to appro-\npriately discharge their duties pursuant to section 9.47 of this\narticle, and where such provider of inpatient psychiatric services is\nrequired to disclose such information pursuant to paragraph twelve of\nsubdivision (c) of section 33.13 of this chapter and such disclosure is\nin accordance with all other applicable state and federal\nconfidentiality laws. None of the records or information obtained by the\ndirector of community services pursuant to this subdivision shall be\npublic records, and the records shall not be released by the director to\nany person or agency, except as already authorized by law.\n * NB Repealed June 30, 2027\n