Assembly Bill A6849

2017-2018 Legislative Session

Relates to the protection of mental health practitioners

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2017-A6849 (ACTIVE) - Details

See Senate Version of this Bill:
S775
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add §9.42, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7424
2019-2020: A4847, S2372
2021-2022: A272, S3475
2023-2024: A4377, S7969

2017-A6849 (ACTIVE) - Summary

Imposes a duty to protect upon mental health practitioners; requires reasonable efforts to modify aspects of treatment in order to reduce or eliminate the risk of harm, initiating procedures for hospitalization, notifying the intended victim or victims, or notifying law enforcement officials when a person directly communicates a threat of serious, imminent harm to self or against a readily identifiable person or persons, and the threat includes both a serious intent to act and the ability to carry out the threat; does not require a mental health practitioner to take any action which, in the exercise of reasonable professional judgment, would endanger such mental health practitioner or increase the danger to a potential victim or victims.

2017-A6849 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6849
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2017
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to the protection of
   mental health practitioners
 
   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 section
 9.42 to read as follows:
 § 9.42 EFFORTS BY MENTAL HEALTH PRACTITIONERS  TO  REDUCE  OR  ELIMINATE
          RISKS OF HARM.
   (A)  FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PRACTITION-
 ER" SHALL INCLUDE ANY NEW YORK STATE LICENSED MENTAL HEALTH  PRACTITION-
 ER,  INCLUDING  PHYSICIANS, PSYCHOLOGISTS, REGISTERED PSYCHIATRIC NURSES
 AND NURSE PRACTITIONERS, AND LICENSED CLINICAL SOCIAL WORKERS.
   (B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN  A  PERSON  TO
 WHOM  A  MENTAL  HEALTH  PRACTITIONER  IS  CURRENTLY PROVIDING TREATMENT
 DIRECTLY COMMUNICATES A THREAT OF SERIOUS,  IMMINENT  HARM  TO  SELF  OR
 AGAINST  A  READILY  IDENTIFIABLE  PERSON  OR  PERSONS,  AND  THE THREAT
 INCLUDES BOTH A SERIOUS INTENT TO ACT AND THE ABILITY TO CARRY  OUT  THE
 THREAT,  THE  MENTAL  HEALTH PRACTITIONER MAY MAKE TIMELY AND REASONABLE
 EFFORTS TO REDUCE OR ELIMINATE THE RISK OF HARM. FOR  PURPOSES  OF  THIS
 SECTION, REASONABLE EFFORTS MAY INCLUDE, BUT ARE NOT LIMITED TO: MODIFY-
 ING ASPECTS OF THE TREATMENT IN ORDER TO REDUCE OR ELIMINATE THE RISK OF
 HARM;  INITIATING PROCEDURES FOR HOSPITALIZATION; NOTIFYING THE INTENDED
 VICTIM OR VICTIMS; OR NOTIFYING LAW ENFORCEMENT OFFICIALS.
   (C) WHENEVER A MENTAL HEALTH PRACTITIONER IS REQUIRED TO  MAKE  TIMELY
 AND  REASONABLE  EFFORTS PURSUANT TO SUBDIVISION (B) OF THIS SECTION, HE
 OR SHE SHALL ALSO COMPLY WITH THE PROVISIONS OF  SECTION  9.46  OF  THIS
 ARTICLE.
   (D)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
 HEALTH PRACTITIONER TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.