senate Bill S3865

Requires providers of services for the developmentally disabled to perform certain duties

download pdf

Sponsor

Bill Status


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

actions

  • 25 / Feb / 2013
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 24 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Summary

Requires providers of services for the developmentally disabled to perform certain duties relating to providing an independent medical examination whenever an allegation of abuse or neglect of a child or adult is reported.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A3540
Versions:
S3865
Legislative Cycle:
2013-2014
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง31.11, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Cycle:
S7006, A9619

Votes

7
0
7
Aye
0
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S3865 REVISED 4/24/13

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
duties of providers of services for the developmentally disabled

PURPOSE OR GENERAL IDEA OF BILL: To require there must be an
independent medical evaluation of an individual who is mentally
disabled if there is an allegation of abuse.

SUMMARY OF SPECIFIC PROVISIONS: Section 31.11 of the Mental Hygiene
Law is amended by adding a new subdivision 6.

JUSTIFICATION: Any time abuse of an individual who is disabled is
suspected, there is a medical evaluation. However, the group home or
non-profit agency often sends the client to a medical professional who
is affiliated with the group home or a medical professional who is on
the board of the home or non-profit agency. This legislation would
require that the medical evaluation be completed by a medical
professional who has no affiliation whatsoever with the organization.
In this way the evaluation is completely unbiased.

PRIOR LEGISLATIVE HISTORY: 2012 - A9619/S.7006 - Held in Assembly
Mental Health/ Reported to Senate Finance

FISCAL IMPLICATIONS: Needs to be determined

EFFECTIVE DATE: Immediately.

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

                                  3865

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 25, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 duties of provid-
  ers of services for the developmentally disabled

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

  Section  1.    Section  31.11  of the mental hygiene law is amended by
adding a new subdivision 6 to read as follows:
  6.  PROVIDING AN INDEPENDENT MEDICAL EXAMINATION AT A HOSPITAL, URGENT
CARE OR SIMILAR INSTITUTION WHENEVER AN ALLEGATION OF ABUSE  OR  NEGLECT
OF A CHILD OR ADULT UNDER SUCH CARE IS REPORTED.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07652-01-3

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.