senate Bill S196

Makes provisions regarding safety of certain employees of the office of mental health, including certain staffing ratios and filling of staff vacancies

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 04 / May / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Summary

Makes provisions regarding safety of certain employees of the office of mental health: provides that the commissioner of the office of mental health shall direct that in outpatient programs no employee shall be required to enter the residence of a person with a serious mental illness unless said employee is accompanied by at least one other employee of the program or other appropriate person; provides that the commissioner shall also direct that all such employees shall, when they are required to enter the residence of a recipient of services, be supplied with a wireless telephone or comparable device for the purposes of emergency communications; provides that the commissioner shall direct that employees serving as intensive case managers receive annual training in safety measures and violence prevention and that the commissioner shall insure the availability of such training; provides that funds appropriated for the operation of outpatient programs shall be expended to insure that there shall be at least one intensive case manager for each twelve persons receiving such services, and that there shall be no more than twelve persons receiving services from any one assertive case management team; directs the division of the budget to cause positions to be promptly filled in order to maintain said ratios.

do you support this bill?

Bill Details

Versions:
S196
Legislative Cycle:
2011-2012
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §7.25, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Cycle:
S3216

Votes

9
1
9
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S196

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to safety provisions for
employees of the office of mental health

PURPOSE:
The purpose of this legislation is to provide for the safety of mental
health workers who may be at risk of violent behaviors from patients
that they tend to.

SUMMARY OF PROVISIONS:
Two new subdivisions (c) and (d) are added to § 7.25 of the mental
hygiene law. Subdivision (c) directs the commissioner of the Office
of Mental Health (OMH) to require that no OMH employee shall enter
the residence of a person with a serious mental illness unless
accompanied by at least one other OMH employee. Subdivision (c) also
directs the Commissioner to provide all OMH intensive case managers,
when required to enter the residence of a person with a serious
mental illness, with a wireless telephone or comparable device for
the purposes of emergency communications. Subdivision (d) directs the
commissioner of OMH to provide for the annual training of OMH
employees in safety and violence Prevention. OMH is further directed
to allocate or redistribute resources to ensure a ratio of no less
than one intensive case manager for each ten persons receiving
intensive case management services.

JUSTIFICATION:
There have been many violent incidents across New York State involving
persons with serious mental illness and the OMH caseworkers charged
with caring for them. Some of these incidents could well have been
avoided or at least made less severe if these employees had been in
the company of at least one other intensive case manager trained in
safety and violence prevention. This legislation would ensure that
OMH employees are better prepared to face situations in which violent
behavior threatening their safety and the safety of others may arise.

BILL HISTORY:
S.5524C of 2000; Referred to Senate Committee on Mental Health and
Developmental Disabilities
S.3359/A.5575 of 2002 Passed Assembly
S.1516/A.678 of 2003/2004; Referred to Senate Committee on Mental
Health and Developmental Disabilities
S.207 of 2005/2006; vetoed memo 247
S.3101 2007/2008; Delivered to Assembly, referred to ways and means
S.3216/A.7878 of 2009/2010; Referred to Senate Committee on Mental
Health and Developmental Disabilities

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
60 days after being enacted.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   196

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. MAZIARZ, GOLDEN, GRIFFO, LARKIN, RANZENHOFER -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Mental Health and Developmental Disabilities

AN ACT to amend the mental hygiene law, in relation to safety provisions
  for employees of the office of mental health

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7.25 of the mental hygiene law is amended by adding
two new subdivisions (c) and (d) to read as follows:
  (C) IN ANY OUTPATIENT PROGRAM STAFFED IN WHOLE OR IN PART BY EMPLOYEES
OF  THE  OFFICE  OF MENTAL HEALTH, THE COMMISSIONER SHALL DIRECT THAT NO
EMPLOYEE SHALL BE REQUIRED TO ENTER THE  RESIDENCE  OF  A  RECIPIENT  OF
SERVICES  WHO  IS  A  PERSON  WITH  SERIOUS MENTAL ILLNESS AS DEFINED IN
SUBDIVISION FIFTY-TWO OF  SECTION  1.03  OF  THIS  CHAPTER  UNLESS  SUCH
EMPLOYEE  IS  ACCOMPANIED BY AT LEAST ONE OTHER EMPLOYEE OF THE PROGRAM,
OR OTHER APPROPRIATE PERSON.  THE COMMISSIONER SHALL  ALSO  DIRECT  THAT
ALL  SUCH EMPLOYEES SHALL, WHEN THEY ARE REQUIRED TO ENTER THE RESIDENCE
OF A RECIPIENT OF SERVICES, BE SUPPLIED WITH  A  WIRELESS  TELEPHONE  OR
COMPARABLE DEVICE FOR THE PURPOSES OF EMERGENCY COMMUNICATIONS.
  (D)  THE COMMISSIONER SHALL DIRECT THAT ALL EMPLOYEES OF THE OFFICE OF
MENTAL HEALTH SERVING AS INTENSIVE CASE MANAGERS  SHALL  RECEIVE  ANNUAL
TRAINING  IN  SAFETY  AND VIOLENCE PREVENTION AND SHALL INSURE THAT SUCH
TRAINING IS MADE AVAILABLE BY THE OFFICE  AFTER  CONSULTATION  WITH  THE
EMPLOYEE  ORGANIZATIONS  REPRESENTING SUCH EMPLOYEES. FUNDS APPROPRIATED
TO THE OFFICE OF MENTAL HEALTH FOR THE OPERATION OF OUTPATIENT  PROGRAMS
SHALL  BE  EXPENDED BY THE OFFICE OF MENTAL HEALTH TO INSURE THAT SUFFI-
CIENT STAFF SHALL BE EMPLOYED AS INTENSIVE CASE MANAGERS TO INSURE  THAT
THERE  SHALL BE NO FEWER THAN ONE INTENSIVE CASE MANAGER FOR EACH TWELVE
PERSONS RECEIVING SERVICES OF INTENSIVE CASE MANAGEMENT; AND IN THE CASE
OF ASSERTIVE COMMUNITY TREATMENT TEAMS THE SAME STAFF TO CONSUMER  RATIO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01215-01-1

S. 196                              2

SHALL  BE  MAINTAINED.    IN  THE  EVENT ANY SUCH STAFF POSITIONS BECOME
VACANT, THE COMMISSIONER AND THE DIVISION OF  BUDGET  SHALL  CAUSE  SUCH
POSITIONS TO BE PROMPTLY FILLED IN ORDER TO MAINTAIN AT LEAST SUCH RATIO
OF STAFF TO RECIPIENTS.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.