2019 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 67 - Interstate Relations
67.05 - Nonresidents.

§ 67.05 Nonresidents.

(a) The commissioner may enter into reciprocal agreements or establish compacts with other states, commonwealths, territories or possessions of the United States, or their political subdivisions, for the care and treatment of nonresidents in this state or for their prompt and humane return under proper supervision to their place of residence.

(b) A mentally disabled nonresident in a department facility may be returned to his place of residence unless: 1. the applicable provisions of a compact or reciprocal agreement provide otherwise; or, 2. the action would cause him and his family undue hardship.

(c) Upon the request of any mentally disabled patient or of a person acting in his behalf and with the patient's consent, the patient may be transferred or released to any country, state, or place.

(d) When necessary for the well-being of the patient or the public, the commissioner shall employ nurses or attendants to accompany a mentally disabled patient who is being transferred or released to another jurisdiction pursuant to this section. Mentally disabled females shall be accompanied by female nurses or attendants.

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