§ 505 — Provision of routine medical, dental and mental health services and treatment

§ 505. Provision of routine medical, dental and mental health services\nand treatment. 1. Where an incarcerated individual who is not yet\neighteen years of age has been committed to the custody of the sheriff\nor other person in charge of a local correctional facility and no\nmedical consent has been obtained prior to commitment, the commitment\norder shall be deemed to grant to the minor the capacity to consent to\nroutine medical, dental and mental health services and treatment to\nhimself 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 incarcerated individual\nbecomes eighteen years of age, the incarcerated individual's parent or\nlegal guardian may institute legal proceedings pursuant to section 70.20\nof the penal law objecting to the provision of routine medical, dental\nor mental health services and treatment being provided to the\nincarcerated individual.\n (b) A notice of motion shall be served on the incarcerated individual\nand the sheriff or other person in charge of the local correctional\nfacility not less than seven days prior to the return date of the\nmotion. The person on whom the notice of motion is served shall answer\nthe motion not less than two days before the return date. On examining\nthe motion and answer and, in its discretion, after hearing argument,\nthe court shall enter an order, granting or denying the motion.\n 4. Nothing in this section shall preclude an incarcerated individual\nfrom consenting on his or her own behalf to any medical, dental or\nmental health services and treatment where otherwise authorized by law\nto do so.\n 5. Corrections-based substance use disorder treatment and transition\nservices. Local correctional facilities shall operate a substance use\ndisorder treatment and transition services program pursuant to a plan\napproved by the commissioner of the office of addiction services and\nsupports in accordance with section 19.18-c of the mental hygiene law.\n