senate Bill S5066

2011-2012 Legislative Session

Creates a course of instruction to train mental health providers in veteran specific mental health issues

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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 18, 2012 reported and committed to finance
Jan 04, 2012 referred to veterans, homeland security and military affairs
Jun 07, 2011 reported and committed to finance
May 03, 2011 referred to veterans, homeland security and military affairs

Votes

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Jan 18, 2012 - Veterans, Homeland Security and Military Affairs committee Vote

S5066
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Veterans, Homeland Security and Military Affairs Committee Vote: Jan 18, 2012

excused (1)

Jun 7, 2011 - Veterans, Homeland Security and Military Affairs committee Vote

S5066
13
0
committee
13
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Veterans, Homeland Security and Military Affairs committee vote details

Veterans, Homeland Security and Military Affairs Committee Vote: Jun 7, 2011

aye wr (1)

Co-Sponsors

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S5066 - Bill Details

See Assembly Version of this Bill:
A9290
Current Committee:
Law Section:
Veterans
Versions Introduced in 2009-2010 Legislative Session:
S1195A, A5993, A5993A

S5066 - Bill Texts

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Creates a course of instruction to train mental health providers in veteran specific mental health issues.

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BILL NUMBER:S5066

TITLE OF BILL:
An act
to create a course of instruction to train mental health
providers in veteran specific mental health issues

PURPOSE: Provides for a grant, through the Division
of Veterans Affairs, for the purpose of training social workers in a
course of study related to the diagnosis and treatment of PTSD, TBI and
combat related mental health issues to include substance abuse.

SUMMARY OF PROVISIONS:
Section 1 short title "The Veterans Mental Health Training Initiative";

Section 2. Legislative Intent;

Section 3 instructs the Division of Veterans Affairs to award a grant
through an open and competitive process of no less than $500,000 for the
purpose of training social workers, in a course of study related to the
diagnosis and treatment of PTSD, TBI and combat related mental health
issues to include substance abuse. Provides that Veterans Affairs shall
have the power to audit such association to ensure the proper
expenditure of state funds;

Section 4 Describes what the association receiving the grant must do in
relationship to the course of study;

Section 5 Provides that the Office of Mental Health (OMH) and the Office
of Alcoholism and Substance Abuse Services (OASAS) will consult with the
Division of Veterans Affairs and provide guidelines necessary for the
proper implementation of this program;

Section 6 Provides that the New York State Education Department, as part
of continuing education for social workers, shall require a course of
study related to the diagnosis and treatment of PTSD, TBI and combat
related mental health issues to include substance abuse.

Section 7 Limitations on the scope of practice.

Section 8 Effective Date

JUSTIFICATION: The State of New York and the country
at large are facing a formidable challenge 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 U.S. military have been deployed to Iraq or Afghanistan, and nearly
one half million have been redeployed. With each deployment, our service
members encounter 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 traumatic 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 theaters 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. Further, recent Post Deployment Health Reassessment
(PDHRA) data show that up to 38% of soldiers and 31% of Marines are
suffering from negative psychological symptoms. In addition, the
Department of Defense Task Force on Veterans' Mental Health recently
reported elevated rates of major depression and substance abuse.

Many returning service members, particularly National Guard and
Reserves, are not accessing services from the federal Veterans
Administration or through the Department of Defense Tricare system upon
returning home; but rather, through community-based organizations and
agencies. Therefore, community-based providers are experiencing an
influx of returning service members for whom they are not entirely
prepared to provide treatment. These recent trends have been
substantiated through sources such as the 2007 Report of the Department
of Defense Task Force on Mental Health, citing an overwhelming need to
train mental health providers in mental illnesses with unique
etiological roots to combat situations.

To assure that such care be provided by an adequately trained mental
health workforce, the state will, through an open grant process, engage
state associations of social workers, psychiatrists, doctors and other
appropriate health care professionals to train mental health providers
in the identification, diagnosis, and course of treatment for combat
related PTSD and other mental health issues to include substance abuse.
This course shall also serve to educate service members and family
members of service members in accessing mental health and psycho social
services.

LEGISLATIVE HISTORY:
2008: 5.6799-a/A.10069-a Veto
75
2009-10: S.1195-a referred to Finance, A.5993-a referred to Mental
Health

FISCAL IMPLICATIONS: $500,000 for the purpose of
training social workers, of all classifications, in a course of study
related to the diagnosis and treatment of PTSD, TBI and combat related
mental health issues to include substance abuse. This grant shall be
distributed in the amount of 5250,000.00 at the beginning of each state
fiscal year, for 2 years, starting in 2012; however, a sum to he
determined by the Division of Veterans Affairs may be forwarded for
future year's expenditures if it is determined to be necessary for the
proper implementation of the program.

EFFECTIVE DATE: April 1, 2012

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

                                  5066

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced by Sens. FUSCHILLO, AVELLA, BONACIC, DUANE, GRISANTI, HANNON,
  JOHNSON,   LANZA,  LAVALLE,  LIBOUS,  MAZIARZ,  RANZENHOFER,  SAMPSON,
  SEWARD, VALESKY -- read twice and ordered printed, and when printed to
  be committed to the Committee on Veterans, Homeland Security and Mili-
  tary Affairs

AN ACT to create a course of instruction to train mental health  provid-
  ers in veteran specific mental health issues

  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-
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00007-02-1

S. 5066                             2

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  2012;  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.
  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;

S. 5066                             3

  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 April 1, 2012.

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