S T A T E O F N E W Y O R K
________________________________________________________________________
5993--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 23, 2009
___________
Introduced by M. of A. P. RIVERA, CUSICK, EDDINGTON, LUPARDO, FIELDS,
WEISENBERG, MAISEL, LANCMAN, CHRISTENSEN, BRADLEY, BURLING, GUNTHER,
JACOBS, BOYLAND, ERRIGO, KOON, McKEVITT, MOLINARO, REILLY, JAFFEE,
WALKER, ALFANO, ROSENTHAL, SCOZZAFAVA, SPANO, SCHIMEL, MILLMAN,
PEOPLES, PHEFFER, BENEDETTO, MAGNARELLI, CAHILL, FINCH, DESTITO,
MORELLE, ORTIZ, CLARK, ESPAILLAT, ALESSI, HOOPER, SCHROEDER, PERRY,
ZEBROWSKI -- Multi-Sponsored by -- M. of A. BACALLES, BRENNAN, COLTON,
CROUCH, CYMBROWITZ, DelMONTE, DIAZ, DUPREY, GIGLIO, HIKIND,
HYER-SPENCER, LIFTON, McDONOUGH, McENENY, ROBINSON, SALADINO, SAYWARD,
SCHIMMINGER, SWEENEY, THIELE, TOWNSEND, WEINSTEIN, WRIGHT -- read once
and referred to the Committee on Mental Health, Mental Retardation and
Developmental Disabilities -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to create a course of instruction to train mental health provid-
ers in veteran specific mental health issues and providing for the
repeal of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "veterans mental health training initiative".
S 2. Legislative intent. The legislature finds and declares that the
state of New York and the country at large are facing a formidable chal-
lenge in serving the mental health needs of veterans returning from
active duty in Iraq and Afghanistan. Since the beginning of Operation
Enduring Freedom and Operation Iraqi Freedom, over one and a half
million active duty and reserve members of the United States military
have been deployed to Iraq or Afghanistan, and nearly one-half million
have been redeployed. With each deployment, our service members encount-
er extreme strains on their physical and mental health, which, in many
cases have resulted in unprecedented rates of health and mental health
problems, most notably post-traumatic stress disorder (PTSD) and trau-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03301-08-9
A. 5993--A 2
matic brain injury (TBI). Equally alarming, are numerous reports of
increased suicide, addiction and homelessness among our returning
soldiers. Further, family members are struggling with the ramifications
of extended and/or multiple deployments, resulting in serious emotional
and psychological tolls.
In addition to high rates of PTSD, providers in the mental health
community have also begun reporting increased cases of traumatic brain
injury sustained in the Iraq and Afghanistan theatres of combat due in
large part to the use of improvised explosive devices (IED). Equally
disturbing is the rate at which TBI has been misdiagnosed as PTSD.
Numerous reports have told the story of soldiers returning from Iraq and
Afghanistan with brain trauma, but because there are no visible head
wounds, symptoms such as memory loss and confusion are often mistaken as
indicators of PTSD.
Many returning service members, particularly National Guard and
Reserves, are not accessing services from the federal veterans adminis-
tration or through the department of defense tricare system upon return-
ing home; but rather, through community-based organizations and agen-
cies. Therefore, community-based providers are experiencing an influx of
returning service members for whom they are not entirely prepared to
provide treatment.
To assure that such care be provided by an adequately trained mental
health workforce, the state shall, through an open grant process, engage
associations of social workers to design and conduct, in collaboration
with an association of psychiatrists and associations of physicians a
multi-disciplinary educational and training program for mental health
providers to assist such providers, within their lawful scope of prac-
tice, to identify, diagnose, and put forward a course of treatment for
combat related PTSD, TBI and other mental health issues, including
substance abuse. This course shall also serve to educate service members
and family members of service members in accessing mental health and
related social services.
S 3. The office of mental health in consultation with the division of
veterans' affairs shall:
a. through an open and competitive process award a grant of no less
than $500,000.00 for the purpose of developing and deploying an educa-
tion and training program for health, mental health, and other human
service providers. Such program will also provide training and education
to veterans and family members of veterans on navigating mental health
systems of care.
Such program will be designed to maximize the treatment and recovery
from combat related post-traumatic stress disorder (PTSD), traumatic
brain injury (TBI) and other combat related mental health issues,
including substance abuse. This grant shall be distributed in the
amount of $250,000.00 at the beginning of each state fiscal year, for
two years, starting in 2009; however, a sum to be determined by the
office of mental health may be forwarded for future years' expenditures
if it is determined to be necessary for the proper implementation of the
program;
b. require such association of social workers to implement the
purposes of such grant in collaboration with an association of psychia-
trists, an association of physicians and such other statewide associ-
ations, as the office of mental health in consultation with the division
of veterans' affairs shall deem appropriate; and
c. have the power to audit such association to ensure the proper
expenditure of state funds.
A. 5993--A 3
S 4. The association receiving such grant pursuant to section three of
this act shall:
a. develop and deploy an education and training program as prescribed
in section three of this act. Such program shall be consistent with
national and state guidelines regarding the diagnosis and treatment of
PTSD, TBI and combat related mental health issues including substance
abuse;
b. conduct such program in multiple locations across the state;
c. establish an advisory committee to include experts in the fields
of neurology and psychiatry, to be recommended by the statewide associ-
ation of physicians and the statewide association of psychiatrists. The
advisory committee will also include experts in traumatology, PTSD, TBI,
military mental health, veterans' health and administration, and
licensed social work practitioners with a demonstrated expertise in
veterans mental health. The advisory committee shall also include a
combat veteran and a family member of a combat veteran;
d. contract with an association of physicians and an association of
psychiatrists to (1) advise and assist with the design and development
of core content with respect to matters relating to the practice of
medicine; and (2) provide physician experts in PTSD, TBI and other
combat related psychiatric and neurological disorders for the program;
e. produce a yearly report to the legislature, the division of veter-
ans' affairs, office of mental health and the office of alcoholism and
substance abuse services regarding the progress, expenditures and effec-
tiveness of the program;
f. conduct the program in direct consultation with the office of
mental health and the division of veterans' affairs; and
g. provide a certified continuing education course on veteran specific
mental health issues, to be made available online.
S 5. The office of alcoholism and substance abuse services shall:
a. consult with the office of mental health and the division of veter-
ans' affairs and provide guidelines necessary for the proper design and
implementation of this program; and
b. have the power to make recommendations to the office of mental
health and the division of veterans' affairs and legislature as to the
effectiveness and future need for such a program.
S 6. Nothing in this act shall be construed to affect the scope of
practice of any profession licensed pursuant to the laws of this state
or to authorize or compel any change therein.
S 7. This act shall take effect on the sixtieth day after it shall
have become a law and shall expire and be deemed repealed three years
after such effective date. Effective immediately such rules or regu-
lations as may be necessary for the implementation of this act on its
effective date are authorized to be made on or before such effective
date.