§ 140. Provision for routine medical, dental and mental health\nservices and treatment. 1. Where an incarcerated individual who is not\nyet eighteen years of age has been committed or transferred to the\ncustody of the department and no medical consent has been obtained prior\nto commitment or transfer, the commitment order shall be deemed to grant\nto the minor the capacity to consent to routine medical, dental and\nmental health services and treatment to such an individual.\n 2. Subject to the regulations of the department of health, routine\nmedical, dental and mental health services and treatment is defined for\nthe purposes of this section to mean any routine diagnosis or treatment,\nincluding without limitation the administration of medications or\nnutrition, the extraction of bodily fluids for analysis, and dental care\nperformed with a local anesthetic. Routine mental health treatment shall\nnot include psychiatric administration of medication unless it is part\nof an ongoing mental health plan or unless it is otherwise authorized by\nlaw.\n 3. (a) At any time prior to the date the incarcerated individual\nbecomes eighteen years of age, the incarcerated individual's parent or\nlegal guardian may institute legal proceedings pursuant to section 70.20\nof the penal law objecting to the provision of routine medical, dental\nor mental health services and treatment being provided to the\nincarcerated individual.\n (b) Such notice of motion shall be served on the incarcerated\nindividual, the facility and the department not less than seven days\nprior to the return date of the motion. The persons on whom the notice\nof motion is served shall answer the motion not less than two days\nbefore the return date. On examining the motion and answer and, in its\ndiscretion, after hearing argument, the court shall enter an order,\ngranting or denying the motion.\n 4. Nothing in this section shall preclude an incarcerated individual\nfrom consenting on his or her own behalf to any medical, dental or\nmental health service and treatment where otherwise authorized by law to\ndo so.\n 5. The department shall, to the best of its ability, provide all\nsentenced incarcerated individuals with educational programs focused on\nthe importance of preventative health care measures that includes, but\nis not limited to, breast self-examinations.\n
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