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.