N.Y. Correction Law § 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 incarcerated individual 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 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) A notice of motion shall be served on the incarcerated individual

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 incarcerated individual

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.

5. Corrections-based substance use disorder treatment and transition

services. Local correctional facilities shall operate a substance use

disorder treatment and transition services program pursuant to a plan

approved by the commissioner of the office of addiction services and

supports in accordance with section 19.18-c of the mental hygiene law.