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.

* NB Effective June 11, 2025