Section 140. Provision for routine medical, dental and mental health services and treatment

1. Where an inmate who is not yet eighteen years  of age  has  been  committed  or  transferred  to  the  custody  of  the
  department  and no medical consent has been obtained prior to commitment
  or transfer, the commitment order shall be deemed to grant to the  minor
  the  capacity  to  consent  to routine medical, dental and mental health
  services and treatment to such an individual.
    2. Subject to the regulations of the  department  of  health,  routine
  medical,  dental and mental health services and treatment is defined for
  the purposes of this section to mean any routine diagnosis or treatment,
  including  without  limitation  the  administration  of  medications  or
  nutrition, the extraction of bodily fluids for analysis, and dental care
  performed with a local anesthetic. Routine mental health treatment shall
  not  include  psychiatric administration of medication unless it is part
  of an ongoing mental health plan or unless it is otherwise authorized by
  law.
    3. (a) At any time prior to the date the inmate becomes eighteen years
  of age, the inmate's  parent  or  legal  guardian  may  institute  legal
  proceedings  pursuant to section 70.20 of the penal law objecting to the
  provision of routine medical,  dental  or  mental  health  services  and
  treatment being provided to the inmate.
    (b)  Such notice of motion shall be served on the inmate, the facility
  and the department not less than seven days prior to the return date  of
  the  motion.  The  persons  on whom the notice of motion is served shall
  answer the motion not less than two days before the  return  date.    On
  examining  the  motion  and answer and, in its discretion, after hearing
  argument, the court shall  enter  an  order,  granting  or  denying  the
  motion.
    4. Nothing in this section shall preclude an inmate from consenting on
  his  or  her  own behalf to any medical, dental or mental health service
  and treatment where otherwise authorized by law to do so.