senate Bill S3280A

2013-2014 Legislative Session

Authorizes nurse practitioners to admit mentally ill patients on a voluntary basis

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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 08, 2014 referred to mental health and developmental disabilities
Jun 21, 2013 committed to rules
Jun 17, 2013 amended on third reading (t) 3280a
Apr 30, 2013 advanced to third reading
Apr 29, 2013 2nd report cal.
Apr 24, 2013 1st report cal.434
Jan 31, 2013 referred to mental health and developmental disabilities

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3280 - Details

See Assembly Version of this Bill:
A4886A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§9.01, 9.13 & 9.15, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4525C, A1603A
2009-2010: A11650

S3280 - Summary

Authorizes nurse practitioners to admit a patient to an inpatient mental health unit on a voluntary basis.

S3280 - Sponsor Memo

S3280 - Bill Text download pdf

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

                                  3280

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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 authorizing nurse
  practitioners to admit a patient to an inpatient mental health unit on
  a voluntary or involuntary basis

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

  Section 1. Section 1.03 of the mental hygiene law is amended by adding
a new subdivision 9-a to read as follows:
  9-A.  "NURSE PRACTITIONER" MEANS A CERTIFIED NURSE PRACTITIONER ACTING
WITHIN  HIS  OR  HER  LAWFUL  SCOPE  OF  PRACTICE  PURSUANT  TO  SECTION
SIXTY-NINE HUNDRED TWO OF THE EDUCATION LAW.
  S 2. The section heading, the opening paragraph of subdivision (a) and
subdivision  (b) of section 9.05 of the mental hygiene law, such section
as renumbered by chapter 978 of the laws of 1977, are amended to read as
follows:
  Examining physicians and NURSE PRACTITIONERS AND medical certificates.
  A person is disqualified from acting  as  an  examining  physician  OR
NURSE PRACTITIONER in the following cases:
  (b)  A  certificate,  as  required by this article, must show that the
person is mentally ill and shall be  based  on  an  examination  of  the
person alleged to be mentally ill made within ten days prior to the date
of  admission.  The  date  of  the certificate shall be the date of such
examination. All certificates shall contain the facts and  circumstances
upon  which  the  judgment  of  the physicians OR NURSE PRACTITIONERS is
based and shall show that the condition of the person examined  is  such
that  he  OR  SHE needs involuntary care and treatment in a hospital and
such other information as the commissioner may by regulation require.
  S 3.  Subdivisions (a), (d), (e) and (i) of section 9.27 of the mental
hygiene law, subdivision (i) as amended by chapter 847 of  the  laws  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07409-01-3

Co-Sponsors

S3280A (ACTIVE) - Details

See Assembly Version of this Bill:
A4886A
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§9.01, 9.13 & 9.15, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4525C, A1603A
2009-2010: A11650

S3280A (ACTIVE) - Summary

Authorizes nurse practitioners to admit a patient to an inpatient mental health unit on a voluntary basis.

S3280A (ACTIVE) - Sponsor Memo

S3280A (ACTIVE) - Bill Text download pdf

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

                                 3280--A
    Cal. No. 434

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. CARLUCCI, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Mental Health and
  Developmental Disabilities -- reported favorably from said  committee,
  ordered  to  first  and  second  report,  ordered  to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN ACT to amend the mental hygiene law, in relation to authorizing nurse
  practitioners to admit a patient to an inpatient mental health unit on
  a voluntary basis

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

  Section 1. Section 9.01 of the mental hygiene law is amended by adding
a new ninth undesignated paragraph to read as follows:
  "QUALIFIED NURSE PRACTITIONER" MEANS AN INDIVIDUAL  LICENSED  PURSUANT
TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE EDUCATION LAW AND CERTIFIED AS
A  NURSE  PRACTITIONER PURSUANT TO SECTION SIXTY-NINE HUNDRED TWO OF THE
EDUCATION LAW WITH A CERTIFICATE IN THE SPECIALTY OF PSYCHIATRY.
  S 2. Subdivision (a) of section 9.13 of the  mental  hygiene  law,  as
amended  by  chapter  465  of  the  laws  of 1992, is amended to read as
follows:
  (a) The director of any hospital may receive as  a  voluntary  patient
any suitable person in need of care and treatment, who voluntarily makes
written  application  therefor. TO THE EXTENT THAT SUCH WRITTEN APPLICA-
TION REQUIRES AN EXAMINATION OF THE PATIENT AND  CONFIRMATION  THAT  THE
PATIENT  HAS  A  MENTAL ILLNESS FOR WHICH CARE AND TREATMENT IN A MENTAL
HOSPITAL IS APPROPRIATE, SUCH EVALUATION AND CONFIRMATION SHALL BE  MADE
BY  EITHER  A PHYSICIAN OR A QUALIFIED NURSE PRACTITIONER. If the person
is under sixteen years of age, the person may be received as a voluntary
patient only on the application of the parent, legal guardian, or  next-
of-kin  of  such  person, or, subject to the terms of any court order or
any instrument executed pursuant to section three hundred  eighty-four-a

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

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