Jay S. v. Barber
| Decision Date | 11 June 2014 |
| Citation | 988 N.Y.S.2d 68 |
| Parties | In the Matter of JAY S. (Anonymous), appellant. v. Mary BARBER, etc., respondent. |
| Court | New York Supreme Court — Appellate Division |
988 N.Y.S.2d 68
In the Matter of JAY S. (Anonymous), appellant.
v.
Mary BARBER, etc., respondent.
Supreme Court, Appellate Division, Second Department, New York.
June 11, 2014.
Mental Hygiene Legal Service, Mineola, N.Y. (Laura Rothschild and Dennis B. Feld of counsel), for appellant.
Eric T. Schneiderman, Attorney General, New York, N.Y. (Michael S. Belohlavek and Mark Shawhan of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, and COLLEEN D. DUFFY, JJ.
In a proceeding for permission to administer a course of medical treatment to a patient without his consent, Jay S. appeals from an order of the Supreme Court, Rockland County (Alfieri, J.), dated August 6, 2013, which, after a hearing, granted the petition.
ORDERED that the order is modified, on the facts, by deleting all of the text on page 2 thereof and substituting therefor the following text: "As recommended by his treating physician, the patient's course of treatment shall include, but not be limited to, Clozapine up to 800 mg po/day in divided dosage;" as so modified, the order is affirmed, without costs or disbursements.
Mary Barber, as Clinical Director of Rockland Psychiatric Center (hereinafter RPC), commenced this proceeding to administer psychotropic medication to, and conduct laboratory blood testing on, the appellant, an involuntarily committed patient suffering from schizophrenia, paranoid type, pursuant to the parens patriae power of the State of New York (see Rivers v. Katz, 67 N.Y.2d 485, 504 N.Y.S.2d 74, 495 N.E.2d 337 ), because of the appellant's refusal to permit laboratory blood testing. RPC's expert testified at the hearing that the appellant's refusal precluded RPC from administering Clozapine, an antipsychotic drug, which cannot legally be administered without concomitant blood monitoring. RPC established that Clozapine is an essential medication for the appellant, as he is prone to violent outbursts without warning, including attacking fellow patients and hospital staff.
The State may administer a course of medical...
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