senate Bill S3622

2011-2012 Legislative Session

Prohibits a mental health care professional from treating a violent patient in a residential building

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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 28, 2011 referred to mental health and developmental disabilities

S3622 - Details

Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Add Art 30 §30.01, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S945

S3622 - Summary

Prohibits a mental health care professional from treating a violent patient in a residential building.

S3622 - Sponsor Memo

S3622 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3622

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- 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  out-patient
  treatment

  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  article
30 to read as follows:
                               ARTICLE 30
                          OUT-PATIENT TREATMENT
SECTION 30.01 OUT-PATIENT TREATMENT.
S 30.01 OUT-PATIENT TREATMENT.
  (A)  A  MENTAL  HEALTH CARE PROFESSIONAL IS PROHIBITED FROM TREATING A
VIOLENT PATIENT IN AN OFFICE LOCATED IN A RESIDENTIAL BUILDING.
  (B) FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  1.  "RESIDENTIAL  BUILDING"  SHALL  MEAN  PROPERTY,  ON WHICH EXISTS A
BUILDING OR STRUCTURE CONTAINING MORE THAN ONE INDEPENDENT DWELLING UNIT
OR WHERE MORE THAN ONE-THIRD OF THE TOTAL SQUARE FOOTAGE OF SAID  STRUC-
TURE IS TO BE USED FOR RESIDENTIAL PURPOSES;
  2. "MENTAL HEALTH CARE PROFESSIONALS" SHALL MEAN ANY QUALIFIED PSYCHI-
ATRIST  LICENSED  PURSUANT  TO  SECTION SEVENTY-SIX HUNDRED THREE OF THE
EDUCATION LAW OR CERTIFIED PSYCHOLOGISTS LICENSED  PURSUANT  TO  ARTICLE
ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW;
  3.  "VIOLENT  PATIENT"  SHALL  MEAN ANY PERSON RECEIVING MENTAL HEALTH
CARE, WHO, IN VIEW OF HIS OR HER TREATMENT HISTORY AND CURRENT BEHAVIOR,
IS LIKELY TO CAUSE SERIOUS HARM TO HIS OR HER SELF OR OTHERS;
  4. "LIKELIHOOD OF SERIOUS HARM" SHALL MEAN:
  (I) SUBSTANTIAL RISK OF PHYSICAL HARM TO OTHER PERSONS  AS  MANIFESTED
BY  THREATS  OF  OR  ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM OR OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07537-01-1

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