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Ann Marie T. Sullivan, M.D., Commissioner
Governor Andrew M. Cuomo

AOT Procedural Questions about Renewal

Who can renew a court order?

If the Director of Community Services determines that a person requires further assisted outpatient treatment, the director shall apply within 30 days prior to the expiration of the initial order for a subsequent order for a period not to exceed 1 year. If the authorized petitioner for the initial order was either the subject’s family or roommate, and if (s)he retains that original status with respect to the subject, then that petitioner may pursue a renewal order for a period not to exceed 1 year.

Is the renewal procedure any different?

The procedure for obtaining a renewal is the same as for an initial order except the subject does not have to meet either the 36 month or 48 month criteria regarding previous hospitalizations or acts of violence.

If a county wants to do a renewal and the patient is hospitalized, are there any provisions for a non-privileged MD to examine the individual in the hospital?

No. The county would have to make arrangements with the treating hospital to allow a designated physician to perform the evaluation.

Can an order keep being renewed?

Yes, if the individual continues to meet the criteria and it is clinically determined that (s)he is likely to benefit from the order.

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