Assembly Bill A3431

2023-2024 Legislative Session

Relates to reports of substantial risk or threat of harm by mental health professionals; repealer

download bill text pdf

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Current 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

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2023-A3431 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Rpld & add §9.46, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2013-2014: A6233
2015-2016: A1632
2017-2018: A2089
2019-2020: A4693
2021-2022: A3455

2023-A3431 (ACTIVE) - Summary

Relates to reports of substantial risk or threat of harm by mental health professionals.

2023-A3431 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3431
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental  hygiene  law,  in  relation  to  reports  of
   substantial risk or threat of harm by mental health professionals; and
   repealing certain provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9.46 of the mental hygiene law is  REPEALED  and  a
 new section 9.46 is added to read as follows:
 § 9.46 REPORTS  OF  SUBSTANTIAL  RISK OR THREAT OF HARM BY MENTAL HEALTH
          PROFESSIONALS.
   (A) FOR PURPOSES OF THIS SECTION,  THE  TERM  "MENTAL  HEALTH  PROFES-
 SIONAL"  SHALL  INCLUDE  A  PHYSICIAN  LICENSED  PURSUANT TO ARTICLE ONE
 HUNDRED THIRTY-ONE OF THE EDUCATION LAW; A PSYCHOLOGIST LICENSED  PURSU-
 ANT  TO  ARTICLE  ONE  HUNDRED FIFTY-THREE OF THE EDUCATION LAW; A NURSE
 PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
 EDUCATION LAW; OR A LICENSED CLINICAL SOCIAL WORKER LICENSED PURSUANT TO
 ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
   (B) NOTWITHSTANDING ANY OTHER LAW  TO  THE  CONTRARY,  WHEN  A  MENTAL
 HEALTH   PROFESSIONAL,   CURRENTLY  PROVIDING  MENTAL  HEALTH  TREATMENT
 SERVICES TO A PERSON, DETERMINES THAT SUCH PERSON PRESENTS A SERIOUS AND
 IMMINENT DANGER TO SELF OR OTHERS, HE OR SHE IS AUTHORIZED  TO  DISCLOSE
 SUCH  DETERMINATION AS FOLLOWS: (I) TO AN ENDANGERED INDIVIDUAL OR INDI-
 VIDUALS, IF IDENTIFIABLE; (II) TO A LAW ENFORCEMENT AGENCY AND (III)  AS
 SOON  AS  PRACTICAL,  TO THE DIRECTOR OF COMMUNITY SERVICE OR THE DIREC-
 TOR'S DESIGNEE, IN SUCH MANNER AND FORM AS DIRECTED BY THE COMMISSIONER.
 THE REASONS FOR SUCH DISCLOSURE SHALL BE FULLY DOCUMENTED IN THE  TREAT-
 MENT  RECORD  OF  SUCH  PERSON. THE DIRECTOR OF COMMUNITY SERVICE OR THE
 DIRECTOR'S DESIGNEE SHALL REPORT TO THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  WHENEVER  HE  OR SHE AGREES THAT THE PERSON PRESENTS A SERIOUS
 AND IMMINENT DANGER TO SELF OR OTHERS. INFORMATION  TRANSMITTED  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08195-01-3
              

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