senate Bill S3745

Signed By Governor
2011-2012 Legislative Session

Prohibits the co-mingling of adolescent and adult patients in office of mental health run residential facilities

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Archive: Last Bill Status Via A4731 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.157
Jul 08, 2011 delivered to governor
May 02, 2011 returned to assembly
passed senate
3rd reading cal.336
substituted for s3745
May 02, 2011 substituted by a4731
Apr 13, 2011 advanced to third reading
Apr 12, 2011 2nd report cal.
Apr 11, 2011 1st report cal.336
Mar 03, 2011 referred to mental health and developmental disabilities

Votes

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Apr 11, 2011 - Mental Health and Developmental Disabilities committee Vote

S3745
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Apr 11, 2011

aye wr (1)

S3745 - Bill Details

See Assembly Version of this Bill:
A4731
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง7.09, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Session:
S3013, A5903

S3745 - Bill Texts

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Prohibits the co-mingling of adolescent and adult patients in office of mental health run residential facilities.

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BILL NUMBER:S3745

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to prohibiting co-mingling
of adolescent and adult patients in residential facilities

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit co-mingling of children
and adolescent with adult patients in department run residential
facilities such as hospitals.

SUMMARY OF SPECIFIC PROVISIONS:
Section 7.09 of the mental hygiene
law is amended by adding subdivision (k) which would mandate the
commissioner to promulgate rules and regulations prohibiting the
co-mingling of children and adolescent with adult patients in
residential facilities operated by the department and, programs
subject to an operating certificate from the department. These rules
shall address age specific concerns and needs of patients including
procedures for appropriate age and program separation, preventive and
remedial actions including incident reporting to be take to prevent
incidents of abuse or maltreatment, and security requirements to
insure the health and safety of children, adolescent and adult
patients.

JUSTIFICATION:
This legislation would mandate that the commissioner of
mental health create rules and regulations for age appropriate
separation of patients in residential facilities operated by the
department and programs subject to operating certificates. The aim of
separation is to ensure the health and safety of children,
adolescent, and adult patients in such facilities.

PRIOR LEGISLATIVE HISTORY:
2008: S.8315 - Referred to Rules/A.11209 - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, provided that the rules and regulations
required by section one of this act shall be issued on the 120th day
after enactment of this act and provided further that 30 days prior
to such issuance, the commissioner of mental health shall submit the
required ruled and regulations to the governor, the speaker of the
assembly and the majority leader of the senate for their review.

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

                                  3745

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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  prohibiting
  co-mingling of adolescent and adult patients in residential facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 7.09 of the mental hygiene law is amended by adding
a new subdivision (k) to read as follows:
  (K) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  PROHIBIT-
ING  THE  CO-MINGLING  OF  ADOLESCENT  AND ADULT PATIENTS IN RESIDENTIAL
FACILITIES OPERATED BY THE OFFICE AND PROGRAMS SUBJECT TO  AN  OPERATING
CERTIFICATE  PURSUANT  TO SECTION 31.02 OF THIS CHAPTER.  SUCH RULES AND
REGULATIONS SHALL ADDRESS AGE SPECIFIC CONCERNS AND  NEEDS  OF  PATIENTS
AND  SHALL  INCLUDE  BUT NOT BE LIMITED TO: PROTOCOLS AND PROCEDURES FOR
APPROPRIATE AGE AND PROGRAM SEPARATION IN BOTH RESIDENTIAL AND TREATMENT
PROGRAMS; PREVENTIVE AND REMEDIAL ACTIONS, INCLUDING INCIDENT REPORTING,
TO BE TAKEN TO PREVENT INCIDENTS OF ABUSE OR MALTREATMENT; AND  SECURITY
REQUIREMENTS NECESSARY TO INSURE THE HEALTH AND SAFETY OF ADOLESCENT AND
ADULT PATIENTS.
  S  2. This act shall take effect immediately; provided, that any rules
and regulations necessary to implement the provisions of section one  of
this  act shall be promulgated within one hundred twenty days after this
act shall take effect and, provided further that 30 days prior  to  such
promulgation,  the  commissioner  of  mental  health  shall  submit  the
required rules and regulations to the governor, the temporary  president
of the senate and the speaker of the assembly for their review.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04514-01-1

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