2021 New York Laws
COR - Correction
Article 6 - Management of Correctional Facilities
140 - Provision for Routine Medical, Dental and Mental Health Services and Treatment.

§  140.  Provision  for  routine  medical,  dental  and  mental health
services and treatment. 1. Where an incarcerated individual who  is  not
yet  eighteen  years  of  age  has  been committed or transferred to the
custody of the department and no medical consent has been obtained prior
to commitment or transfer, 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 such an individual.
  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 incarcerated individual
becomes eighteen years of age, the incarcerated individual'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
incarcerated individual.
  (b)  Such  notice  of  motion  shall  be  served  on  the incarcerated
individual, the facility and the department not  less  than  seven  days
prior  to  the return date of the motion. The persons 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 incarcerated individual
from consenting on his or her own  behalf  to  any  medical,  dental  or
mental health service and treatment where otherwise authorized by law to
do so.