|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to mental health and developmental disabilities|
|Feb 08, 2011||referred to mental health and developmental disabilities|
senate Bill S3077
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3077 - Details
S3077 - Summary
Relates to restraint of individuals in facilities under the jurisdiction of the office of mental health.
S3077 - Sponsor Memo
BILL NUMBER:S3077 TITLE OF BILL: An act to amend the mental hygiene law, in relation to restraint of individuals in facilities under the jurisdiction of the office of mental health PURPOSE: This bill would amend the Mental Hygiene Law (MHL) by establishing a new Section 33.06 that would govern the use of restraint and seclusion in facilities under the jurisdiction of the Office of Mental Health (OMH). The bill would remove references to OMH facilities from Mental Hygiene Law Section 33.04. SUMMARY OF PROVISIONS: Section 1 of the bill would remove mental health facilities under the jurisdiction of OMH from the provisions of MHL . 33.04 and provides that restraint in such facilities will be governed by MHL § 33.10 Section 2 of the bill would establish MHL § 33.10 to govern the use of
S3077 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3077 2011-2012 Regular Sessions I N S E N A T E February 8, 2011 ___________ Introduced by Sen. HUNTLEY -- 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 restraint of individuals in facilities under the jurisdiction of the office of mental health THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 33.04 of the mental hygiene law, as added by chapter 779 of the laws of 1977 and such section as renum- bered by chapter 334 of the law of 1980, is amended to read as follows: (a) As used in this section, "restraint" means the use of an apparatus on a patient which prevents the free movement of both arms or both legs or which totally immobilizes such patient, and which the patient is unable to remove easily, PROVIDED, HOWEVER, THAT RESTRAINT IN FACILITIES LICENSED OR OPERATED BY THE OFFICE OF MENTAL HEALTH SHALL BE AUTHORIZED AND IMPLEMENTED IN ACCORDANCE WITH SECTION 33.06 OF THIS ARTICLE, WHICH SHALL FULLY SUPERSEDE THE PROVISIONS OF THIS SECTION WITH RESPECT TO SUCH FACILITIES. S 2. The mental hygiene law is amended by adding a new section 33.10 to read as follows: S 33.10 RESTRAINT AND SECLUSION IN FACILITIES LICENSED OR OPERATED BY THE OFFICE OF MENTAL HEALTH. (A) APPLICABILITY. THIS SECTION SHALL APPLY TO HOSPITALS AND RESIDEN- TIAL TREATMENT FACILITIES FOR CHILDREN AND YOUTH, AS BOTH TERMS ARE DEFINED IN SECTION 1.03 OF THIS CHAPTER, AND SECURE TREATMENT FACILITIES AS DEFINED IN SECTION 10.03 OF THIS CHAPTER, THAT ARE CERTIFIED OR OPER- ATED BY THE OFFICE OF MENTAL HEALTH. UNLESS SPECIFICALLY AUTHORIZED IN REGULATIONS ESTABLISHING ANY OTHER PROGRAM CATEGORY GOVERNED BY THE OFFICE OF MENTAL HEALTH, THE USE OF RESTRAINT OR SECLUSION IS NOT PERMITTED. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08709-01-1
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