Assembly Bill A6573B

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

                                  6573

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 22, 2011
                               ___________

Introduced  by  M. of A. SWEENEY, N. RIVERA, ABBATE, HOOPER, WEISENBERG,
  HIKIND, BENEDETTO,  LANCMAN,  MAISEL,  SPANO,  JAFFEE,  MARKEY,  RAIA,
  CASTRO,  CYMBROWITZ, SALADINO -- Multi-Sponsored by -- M. of A. DESTI-
  TO, HEVESI, MAGEE, REILLY, THIELE, TITONE -- read once and referred to
  the Committee on Health

AN ACT to amend the mental hygiene law, in relation to requiring provid-
  ers of non-emergency, clinical outpatient treatment to  check  whether
  patients are sex offenders and to segregate sex offender patients from
  other patients

  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  section
33.27 to read as follows:
S 33.27 REQUIREMENT  TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
          OUTPATIENT TREATMENT.
  (A) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE  OF
THE  DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN-
ICAL OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH  REQUIRES  THREE
OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT
TO  PROVIDE  HIS  OR  HER ADDRESS AND DATE OF BIRTH, AND INQUIRE WHETHER
SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-EIGHT-A OF  THE  CORRECTION  LAW.  IN  ADDITION,  SUCH
FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  PURSUANT  TO SECTION ONE
HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO DETERMINE  WHETHER  EACH
SUCH PATIENT IS A SEX OFFENDER.
  (B)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY,  CLIN-
ICAL  OUTPATIENT COURSE OF COUNSELING TO A PATIENT, WHICH REQUIRES THREE
OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL MAKE  REASONABLE  EFFORTS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02938-06-1

              

A. 6573                             2

TO  AVOID  THE  TREATMENT  OF  PATIENTS  WHO  ARE NOT SEX OFFENDERS WITH
PATIENTS WHO ARE SEX OFFENDERS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

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

                                 6573--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 22, 2011
                               ___________

Introduced  by  M. of A. SWEENEY, N. RIVERA, ABBATE, HOOPER, WEISENBERG,
  HIKIND, BENEDETTO, LANCMAN,  MAISEL,  JAFFEE,  MARKEY,  RAIA,  CASTRO,
  SALADINO, M. MILLER, PAULIN, COLTON, RAMOS, LAVINE, ENGLEBRIGHT, BRIN-
  DISI  --  Multi-Sponsored  by  -- M. of A. BOYLE, BRAUNSTEIN, BURLING,
  CASTELLI, CONTE, CORWIN, CROUCH, CURRAN, FINCH,  FITZPATRICK,  GIGLIO,
  GRAF, HAWLEY, HEVESI, KATZ, KOLB, LIFTON, LOSQUADRO, MAGEE, McDONOUGH,
  McENENY,  McKEVITT, MONTESANO, MURRAY, PALMESANO, RA, REILLY, SCHIMEL,
  SCHIMMINGER, TEDISCO, TENNEY, THIELE, TITONE -- read once and referred
  to the Committee on Health -- reference changed to  the  Committee  on
  Mental  Health  --  recommitted  to  the Committee on Mental Health in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the mental hygiene law, in relation to averting  retrau-
  matization of victims of sexual offenses in a behavioral health outpa-
  tient setting

  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  section
7.44 to read as follows:
S 7.44 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
  THE  OFFICE  SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING VICTIMS
OF SEXUAL OFFENSES RECEIVING SERVICES IN AN  OUTPATIENT  GROUP  SETTING.
SUCH  GUIDELINES  AND  PROCEDURES SHALL OUTLINE BEST PRACTICES PROVIDERS
MAY USE WHEN PROVIDING SERVICES TO VICTIMS OF SEXUAL ABUSE IN AN  EFFORT
TO  AVERT  RETRAUMATIZATION  BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES
SHALL, TO THE GREATEST EXTENT POSSIBLE, BE BASED ON EVIDENCE BASED PRAC-
TICES. IN CREATING SUCH GUIDELINES  AND  PROCEDURES,  THE  OFFICE  SHALL
CONSULT  WITH  STAKEHOLDERS. SUCH STAKEHOLDERS SHALL INCLUDE, BUT NOT BE
LIMITED TO, REPRESENTATIVES OF CONSUMER ADVOCATES, PROVIDERS AND  VICTIM
RIGHTS GROUPS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02938-08-2
              

A. 6573--A                          2

  S  2.  The mental hygiene law is amended by adding a new section 19.43
to read as follows:
S 19.43 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
  THE  OFFICE  SHALL DEVELOP GUIDELINES AND PROCEDURES REGARDING VICTIMS
OF SEXUAL OFFENSES RECEIVING SERVICES IN AN  OUTPATIENT  GROUP  SETTING.
SUCH  GUIDELINES  AND  PROCEDURES SHALL OUTLINE BEST PRACTICES PROVIDERS
MAY USE WHEN PROVIDING SERVICES TO VICTIMS OF SEXUAL ABUSE IN AN  EFFORT
TO  AVERT  RETRAUMATIZATION  BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES
SHALL, TO THE GREATEST EXTENT POSSIBLE, BE BASED ON EVIDENCE BASED PRAC-
TICES. IN CREATING SUCH GUIDELINES  AND  PROCEDURES,  THE  OFFICE  SHALL
CONSULT  WITH  STAKEHOLDERS. SUCH STAKEHOLDERS SHALL INCLUDE, BUT NOT BE
LIMITED TO, REPRESENTATIVES OF CONSUMER ADVOCATES, PROVIDERS AND  VICTIM
RIGHTS GROUPS.
  S 3. This act shall take effect immediately.