N.Y. Correction Law Section 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.

Source: Section 140 — Provision for routine medical, dental and mental health services and treatment, https://www.­nysenate.­gov/legislation/laws/COR/140 (updated Aug. 13, 2021; accessed Dec. 21, 2024).

112
Powers and duties of commissioner relating to correctional facilities and community supervision
113
Absence of incarcerated individual for funeral and deathbed visits authorized
114
Rehabilitation programs for women
115
Fiscal accounts and records
116
incarcerated individuals’ funds
117
Estimates of expenses
118
Custody and supervision of persons in Westchester county correctional facilities
119
Daily report concerning incarcerated individuals
120
Custody and supervision of persons in correctional facilities
121
Private ownership or operation of correctional facilities
122
Control of fiscal transactions and recovery of debts
125
Incarcerated individuals’ money, clothing and other property
126
Punishment of superintendent for neglect of duty
130
Custody of incarcerated individual sentenced to death and commuted by governor
132
Retaking of an escaped incarcerated individual
133
Superintendent to report concerning incarcerated individual believed mentally ill when crime was committed
134
Religious dietary requirements
136
Correctional education
137
Program of treatment, control, discipline at correctional facilities
138
Institutional rules and regulations for incarcerated individuals at all correctional facilities
138‑A
Notification of visitation policies
139
Grievance procedures
140
Provision for routine medical, dental and mental health services and treatment
141
Contagious disease in facility
142
Fire in facility
143
Custody of persons convicted of crimes against the United States
146
Persons authorized to visit correctional facilities
147
Noncitizen incarcerated individuals of correctional facilities
148
Psychiatric and diagnostic clinics
149
Released incarcerated individuals

Accessed:
Dec. 21, 2024

Last modified:
Aug. 13, 2021

§ 140’s source at nysenate​.gov

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