|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 23, 2013||referred to mental health and developmental disabilities|
senate Bill S2726
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2726 - Details
S2726 - Sponsor Memo
BILL NUMBER:S2726 TITLE OF BILL: An act to amend the mental hygiene law, in relation to out-patient treatment PURPOSE: The purpose of this bill is to prohibit a mental health care professional from treating a violent patient in a residential building. SUMMARY OF PROVISIONS: This bill intends to amend a new article into the New York State Mental Hygiene Law. Article 30 § 30.01 out-patient treatment, will prohibit a mental health care professional of treating a violent patient in a residential building. The terms in this section shall have the following meanings; "residen- tial building "shall mean any property on which a building or structure exist containing more than one independent dwelling unit or were more than one-third of the total square footage of said structure is to be used for residential purpose; "mental health care professionals" shall mean any qualified psychiatrist licensed pursuant to section seventy-six hundred three of the education law or certified psychologist licensed pursuant to article one hundred fifty three of the education law; "violent patient" shall mean any person receiving mental health care, who, in view of his/her treatment history and current behavior, is like- ly to cause serious harm to his/her self or others; "likelihood of seri- ous harm" shall mean anything that may fall under these tree categories.
S2726 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2726 2013-2014 Regular Sessions I N S E N A T E January 23, 2013 ___________ 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. LBD05574-01-3
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