2013 New York Consolidated Laws
COR - Correction
Article 20 - (500 - 529) LOCAL CORRECTIONAL FACILITIES
505 - Provision of routine medical, dental and mental health services and treatment.

 
    § 505. Provision of routine medical, dental and mental health services
  and  treatment.  1. Where an inmate who is not yet eighteen years of age
  has been committed to the custody of the  sheriff  or  other  person  in
  charge  of a local correctional facility and no medical consent has been
  obtained prior to commitment, the commitment order shall  be  deemed  to
  grant  to  the  minor the capacity to consent to routine medical, dental
  and mental health services and treatment to himself or herself.
    2. Subject to the regulations of the  department  of  health,  routine
  medical,  dental and mental health services and treatment is defined for
  the purposes of this section to mean any routine diagnosis or treatment,
  including  without  limitation  the  administration  of  medications  or
  nutrition, the extraction of bodily fluids for analysis, and dental care
  performed with a local anesthetic. Routine mental health treatment shall
  not  include  psychiatric administration of medication unless it is part
  of an ongoing mental health plan or unless it is otherwise authorized by
  law.
    3. (a) At any time prior to the date the inmate becomes eighteen years
  of age, the inmate's  parent  or  legal  guardian  may  institute  legal
  proceedings  pursuant to section 70.20 of the penal law objecting to the
  provision of routine medical,  dental  or  mental  health  services  and
  treatment being provided to the inmate.
    (b)  A  notice of motion shall be served on the inmate and the sheriff
  or other person in charge of the local correctional  facility  not  less
  than  seven  days  prior to the return date of the motion. The person on
  whom the notice of motion is served shall answer  the  motion  not  less
  than two days before the return date. On examining the motion and answer
  and, in its discretion, after hearing argument, the court shall enter an
  order, granting or denying the motion.
    4. Nothing in this section shall preclude an inmate from consenting on
  his  or  her own behalf to any medical, dental or mental health services
  and treatment where otherwise authorized by law to do so.