N.Y. Public Health Law § 2899-i: Mental health professional responsibilities

§ 2899-i. Mental health professional responsibilities. 1. Before a

patient who is requesting medication may receive a prescription for

medication under this article, a mental health professional must

evaluate the patient and report, in writing, to the attending physician

and the consulting physician, the mental health professional's

independent conclusions about whether the patient has decision-making

capacity to make an informed decision, provided that if, at the time of

the report, the patient has not yet been referred to a consulting

physician, then upon referral the attending physician shall provide the

consulting physician with a copy of the mental health professional's

report. If the mental health professional determines that the patient

lacks decision-making capacity to make an informed decision, the patient

shall not be deemed a qualified individual, and the attending physician

shall not prescribe medication to the patient.

2. A determination made pursuant to this section that an adult patient

lacks decision-making capacity shall not be construed as a finding that

the patient lacks decision-making capacity for any other purpose.