senate Bill S2726

Prohibits a mental health care professional from treating a violent patient in a residential building

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 23 / Jan / 2013
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Summary

Prohibits a mental health care professional from treating a violent patient in a residential building.

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Bill Details

Versions:
S2726
Legislative Cycle:
2013-2014
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add Art 30 §30.01, Ment Hyg L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3622
2009-2010: S945

Sponsor Memo

BILL NUMBER:S2726

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
out-patient treatment

PURPOSE: The purpose of this bill is to prohibit a mental health care
professional from treating a violent patient in a residential building.

SUMMARY OF PROVISIONS: This bill intends to amend a new article into
the New York State Mental Hygiene Law. Article 30 § 30.01 out-patient
treatment, will prohibit a mental health care professional of treating a
violent patient in a residential building.

The terms in this section shall have the following meanings; "residen-
tial building "shall mean any property on which a building or structure
exist containing more than one independent dwelling unit or were more
than one-third of the total square footage of said structure is to be
used for residential purpose; "mental health care professionals" shall
mean any qualified psychiatrist licensed pursuant to section seventy-six
hundred three of the education law or certified psychologist licensed
pursuant to article one hundred fifty three of the education law;
"violent patient" shall mean any person receiving mental health care,
who, in view of his/her treatment history and current behavior, is like-
ly to cause serious harm to his/her self or others; "likelihood of seri-
ous harm" shall mean anything that may fall under these tree categories.

1. Substantial risk of physical to other people as manifested by threats
of or attempts at suicide or serious bodily harm or other conduct demon-
strating that the patient is dangerous to his/her self.

2. Substantial risk of physical harm to other people as manifested by
homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm.

3. The patient has a history involving one or more acts of serious
violent behavior toward his or her self or others within the last
forty-eight months.

EXISTING LAW: New law.

JUSTIFICATION: When a mental health care professional treats a violent
patient in a residential building, the amount of danger that they put
themselves in and everyone in the building or dwelling is very high.
It's unsafe for someone who has had a history of violence to be treated
in a place where there aren't any personnel trained to deal with these
patients aggressive outbursts. In establishing the prohibition of out-
patient treatment for those who are considering violent patient, we
ensure the safety of those mental care "professionals who are treating
them and those people in the surrounding environment.

PRIOR LEGISLATIVE HISTORY:

S.945 (2010) Held in Mental Health & Developmental Disabilities S.7107
(2008) 03/07/08 Referred to Mental Health & Developmental Disabilities
S.3622 02/28/11 Referred to Mental Health and Developmental Disabilities
S.3622 01/04/12 Referred to Mental Health and Developmental Disabilities

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2726

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental  hygiene  law,  in  relation  to  out-patient
  treatment

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

  Section 1. The mental hygiene law is amended by adding a  new  article
30 to read as follows:
                               ARTICLE 30
                          OUT-PATIENT TREATMENT
SECTION 30.01 OUT-PATIENT TREATMENT.
S 30.01 OUT-PATIENT TREATMENT.
  (A)  A  MENTAL  HEALTH CARE PROFESSIONAL IS PROHIBITED FROM TREATING A
VIOLENT PATIENT IN AN OFFICE LOCATED IN A RESIDENTIAL BUILDING.
  (B) FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  1.  "RESIDENTIAL  BUILDING"  SHALL  MEAN  PROPERTY,  ON WHICH EXISTS A
BUILDING OR STRUCTURE CONTAINING MORE THAN ONE INDEPENDENT DWELLING UNIT
OR WHERE MORE THAN ONE-THIRD OF THE TOTAL SQUARE FOOTAGE OF SAID  STRUC-
TURE IS TO BE USED FOR RESIDENTIAL PURPOSES;
  2. "MENTAL HEALTH CARE PROFESSIONALS" SHALL MEAN ANY QUALIFIED PSYCHI-
ATRIST  LICENSED  PURSUANT  TO  SECTION SEVENTY-SIX HUNDRED THREE OF THE
EDUCATION LAW OR CERTIFIED PSYCHOLOGISTS LICENSED  PURSUANT  TO  ARTICLE
ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW;
  3.  "VIOLENT  PATIENT"  SHALL  MEAN ANY PERSON RECEIVING MENTAL HEALTH
CARE, WHO, IN VIEW OF HIS OR HER TREATMENT HISTORY AND CURRENT BEHAVIOR,
IS LIKELY TO CAUSE SERIOUS HARM TO HIS OR HER SELF OR OTHERS;
  4. "LIKELIHOOD OF SERIOUS HARM" SHALL MEAN:
  (I) SUBSTANTIAL RISK OF PHYSICAL HARM TO OTHER PERSONS  AS  MANIFESTED
BY  THREATS  OF  OR  ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM OR OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05574-01-3

S. 2726                             2

CONDUCT DEMONSTRATING THAT THE PATIENT IS DANGEROUS TO HIS OR HER  SELF,
OR
  (II)  A  SUBSTANTIAL  RISK  OF PHYSICAL HARM TO OTHER PERSONS AS MANI-
FESTED BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY WHICH OTHERS ARE PLACED
IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM, OR
  (III) THE PATIENT HAS A HISTORY INVOLVING ONE OR MORE ACTS OF  SERIOUS
VIOLENT  BEHAVIOR  TOWARD  HIS  OR  HER  SELF  OR OTHERS WITHIN THE LAST
FORTY-EIGHT MONTHS.
  S 2. This act shall take effect immediately.

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