N.Y. Public Health Law Section 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. * NB Effective August 5, 2026

Source: Section 2899-I — Mental health professional responsibilities, https://www.­nysenate.­gov/legislation/laws/PBH/2899-I (updated Feb. 13, 2026; accessed Feb. 14, 2026).

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Verified:
Feb. 14, 2026

Last modified:
Feb. 13, 2026

§ 2899-I. Mental health professional responsibilities's source at nysenate​.gov

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