As part of Governor Kathy Hochul’s commitment “to transform the mental health care system (in New York) over the next several years,” the state has enacted new legislation and allotted $160 million dollars towards increasing the number of in-patient psychiatric beds in New York. The changes to New York’s Mental Hygiene Laws (MHL) – which went into effect on August 7, 2025 – broaden the scope of practitioners involved in decisions on hospitalization for mental health symptoms, as well as the criteria allowing mental health professionals to engage in and offer treatment to a patient population in dire need of assistance.
Chief among important changes is MHL’s recognition of Psychiatric Mental Health Providers, also known as Psychiatric Nurse Practitioners (PNP), as licensed professionals whose examination and completion of one of the required certifications can be part of the basis for mental health admission and hospitalization. As such, the amendment expands the stable of qualified practitioners who can assist to ensure that comprehensive and quality mental health care is acutely available to those in need of treatment in a hospital setting.
Among other modifications, the MHL will expand the definition of “qualified psychiatrist” to include Doctors of Osteopathic Medicine (DO) in addition to Medical Doctors. This change is in line with Hospitals and medical communities throughout the country that have long recognized both designations on equal footing with regard to the treatment of symptoms of mental illness.
The amendments also broaden the definition of a key emergency hospitalization criteria – “severe harm to oneself” – such that emergency personnel will have authority to retain a patient toward treatment in a hospital setting when the patient’s mental health symptoms interfere with or limit the ability to care for basic needs such as food, necessary medical care, personal safety or shelter. Prior to the amendment, emergency responders could only retain patients who manifested threats or attempts at suicide, serious bodily harm, or other dangerous conduct.
Finally, there will be a change to Assisted Outpatient Treatment (AOT) criteria under “Kendra’s Law” (MHL 9.60) – which compels qualifying patients to participate in on-going treatment for mental illness in the community setting. The provision will be expanded such that an additional AOT order can be obtained for patients whose initial order expired within six months of his or her most recent hospitalization for mental health symptoms and who is re-hospitalized for symptoms of mental illness due to non-compliance. Additionally, the modification to this section of the MHL will allow a domestic partner to initiate a petition for an AOT order in the Supreme Court of the county where the patient is present or believed to reside.
Should you have questions about any of these, or other changes to the MHL, please contact the authors, the Garfunkel Wild attorney with whom you regularly work, or contact us at [email protected].
