senate Bill S891

2013-2014 Legislative Session

Requires the development of guidelines to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting

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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
Apr 24, 2013 reported and committed to finance
Jan 09, 2013 referred to mental health and developmental disabilities

Votes

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Apr 24, 2013 - Mental Health and Developmental Disabilities committee Vote

S891
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Mental Health and Developmental Disabilities Committee Vote: Apr 24, 2013

aye wr (1)

S891 - Bill Details

Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §§7.44 & 19.43, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
S7069A

S891 - Bill Texts

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Requires the development of guidelines and procedures by the office of mental health to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting.

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BILL NUMBER:S891

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation
to averting retraumatization of victims of sexual offenses in a
behavioral health outpatient setting

PURPOSE:
This bill would have the Office of Mental Health, and the Office of
Alcoholism and Substance Abuse consult with stakeholders in the
development of guidelines regarding victims of sexual offenses
receiving services in an outpatient group setting.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new section to the Mental Hygiene Law,
§ 7.45, as follows:

§ 7.45 Victims of sexual offenses; outpatient group setting. The office
shall develop guidelines regarding victims of sexual offenses
receiving services in an outpatient group setting. Such guidelines
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
practices. In creating such guidelines, the office shall consult with
stakeholders. Such stakeholders shall include, but not be limited to,
representatives of consumer advocates, providers and victim rights
groups.

§ 2. The mental hygiene law is amended by adding a new section 19.43,
as follows:

§ 19.43 Victims of sexual offenses; outpatient group setting. The
Office shall develop guidelines regarding victims of sexual offenses
receiving services in an outpatient group setting. Such guidelines
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
practices. In creating such guidelines, the office shall consult with
stakeholders. Such stakeholders shall include, but not be limited to,
representatives of consumer advocates, providers and victim rights
groups.

§ 3. of the bill establishes the effective date.

JUSTIFICATION:
There are circumstances where sex offenders who are dependent upon drugs
and/or alcohol are ordered or mandated to attend chemical dependence
therapy as part of their plea and probation arrangements from a drug
or alcohol court. However, it has come to the sponsor's attention
that there is the potential for, and actual cases of, victims of
sexual abuse being placed in the same alcohol and substance abuse
therapy sessions as a registered sex offender. This may lead to
additional victimization of sexual abuse victims and there should be


Procedural mechanisms set in place that prevent registered sex
offenders and sexual abuse victims from being in the same therapy
sessions. This bill has the Office of Mental Health and Office of
Alcoholism and Substance Abuse Services develop guidelines regarding
victims of sexual offenses from retraumatiration during their time in
a behavior health outpatient setting.

LEGISLATIVE HISTORY:
2011-12: S.7069A/A.6573 - Passed the assembly/Died in Mental Health
A.10255-A of 2009-10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   891

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- 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 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
7.45 to read as follows:
S 7.45 VICTIMS OF SEXUAL OFFENSES; OUTPATIENT GROUP SETTING.
  THE  OFFICE  SHALL  DEVELOP  GUIDELINES  REGARDING  VICTIMS  OF SEXUAL
OFFENSES RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH  GUIDE-
LINES  SHALL  OUTLINE  BEST  PRACTICES  PROVIDERS MAY USE WHEN PROVIDING
SERVICES TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT  RETRAUMATIZA-
TION  BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE GREATEST
EXTENT POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING  SUCH
GUIDELINES,  THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH STAKEHOLD-
ERS SHALL INCLUDE, BUT NOT BE LIMITED TO,  REPRESENTATIVES  OF  CONSUMER
ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.
  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  REGARDING  VICTIMS  OF  SEXUAL
OFFENSES  RECEIVING SERVICES IN AN OUTPATIENT GROUP SETTING. SUCH GUIDE-
LINES SHALL OUTLINE BEST PRACTICES  PROVIDERS  MAY  USE  WHEN  PROVIDING
SERVICES  TO VICTIMS OF SEXUAL ABUSE IN AN EFFORT TO AVERT RETRAUMATIZA-
TION BY KNOWN SEX OFFENDERS. SUCH BEST PRACTICES SHALL, TO THE  GREATEST
EXTENT  POSSIBLE, BE BASED ON EVIDENCE BASED PRACTICES. IN CREATING SUCH
GUIDELINES, THE OFFICE SHALL CONSULT WITH STAKEHOLDERS. SUCH  STAKEHOLD-
ERS  SHALL  INCLUDE,  BUT NOT BE LIMITED TO, REPRESENTATIVES OF CONSUMER
ADVOCATES, PROVIDERS AND VICTIM RIGHTS GROUPS.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04137-01-3

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