senate Bill S3802

Signed By Governor
2013-2014 Legislative Session

Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 21, 2013 signed chap.395
Oct 09, 2013 delivered to governor
Jun 11, 2013 returned to senate
passed assembly
ordered to third reading rules cal.101
substituted for a4100
Apr 29, 2013 referred to mental health
delivered to assembly
passed senate
Mar 11, 2013 advanced to third reading
Mar 07, 2013 2nd report cal.
Mar 06, 2013 1st report cal.174
Feb 15, 2013 referred to mental health and developmental disabilities

Votes

view votes

Mar 6, 2013 - Mental Health and Developmental Disabilities committee Vote

S3802
10
0
committee
10
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: Mar 6, 2013

aye wr (1)

S3802 - Details

See Assembly Version of this Bill:
A4100
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง33.25, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S6620A, A9037A

S3802 - Summary

Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment.

S3802 - Sponsor Memo

S3802 - Bill Text download pdf

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

                                  3802

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 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  the  further
  dissemination  of records pertaining to allegations and investigations
  of abuse and mistreatment at a facility to certain persons

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

  Section 1. Subdivision (b) of section 33.25 of the mental hygiene law,
as  added  by  chapter  24  of  the laws of 2007, is amended and two new
subdivisions (c) and (d) are added to read as follows:
  (b) Records and reports released in accordance with this section shall
be released pursuant to subdivision (b) of section 33.23 of this article
and shall not be further disseminated by the recipient, PROVIDED THAT  A
RECIPIENT  MAY  SHARE  ANY  RECORDS  AND REPORTS WITH: (I) A HEALTH CARE
PROVIDER; (II) A BEHAVIORAL HEALTH CARE PROVIDER; (III) LAW  ENFORCEMENT
IF THE RECIPIENT BELIEVES A CRIME HAS BEEN COMMITTED; OR (IV) THE RECIP-
IENT'S ATTORNEY.
  (C)  A  COVER  LETTER  SHALL ACCOMPANY RECORDS AND REPORTS RELEASED IN
ACCORDANCE WITH THIS SECTION AND SHALL STATE: PURSUANT TO SECTION  33.25
OF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE
FURTHER  DISSEMINATED,  EXCEPT THAT YOU MAY SHARE THE REPORT WITH: (I) A
HEALTH CARE PROVIDER; (II) A BEHAVIORAL HEALTH CARE PROVIDER; (III)  LAW
ENFORCEMENT,  IF  YOU  BELIEVE  A CRIME HAS BEEN COMMITTED; OR (IV) YOUR
ATTORNEY.
  (D) NOTHING IN THIS SECTION SHALL PROHIBIT THE RECEIPT, USE OR DISSEM-
INATION OF ANY SUCH RECORDS, REPORTS, INFORMATION OR RESULTS OF INVESTI-
GATIONS OR INQUIRY BY ANY PATIENT, FORMER PATIENT, OR  QUALIFIED  PERSON
OR PERSON OR OFFICIAL SPECIFIED IN PARAGRAPH (I), (II), (III) OR (IV) OF
SUBDIVISION  (B) OF THIS SECTION ACTING ON BEHALF OF ANY PATIENT, FORMER
PATIENT OR PATIENT'S ESTATE, IN ANY LEGAL ACTION OR  PROCEEDING  BROUGHT
BY OR ON BEHALF OF SUCH PATIENT, FORMER PATIENT OR PATIENT'S ESTATE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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