N.Y. Correction Law § 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.

5. The department shall, to the best of its ability, provide all

sentenced incarcerated individuals with educational programs focused on

the importance of preventative health care measures that includes, but

is not limited to, breast self-examinations.