senate Bill S3077

2011-2012 Legislative Session

Relates to restraint of individuals in facilities under the jurisdiction of the office of mental health

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Archive: Last Bill Status - In Committee


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

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Actions

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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

S3077 - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.04, add §33.10, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S3487, S3498

S3077 - Summary

Relates to restraint of individuals in facilities under the jurisdiction of the office of mental health.

S3077 - Sponsor Memo

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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