| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 24, 2016 |
reported and committed to finance |
| Jan 06, 2016 |
referred to mental health and developmental disabilities |
| Jun 25, 2015 |
committed to rules |
| May 27, 2015 |
amended on third reading (t) 3645a |
| May 05, 2015 |
advanced to third reading |
| May 04, 2015 |
2nd report cal. |
| Apr 29, 2015 |
1st report cal.493 |
| Feb 13, 2015 |
referred to mental health and developmental disabilities |
Senate Bill S3645A
2015-2016 Legislative Session
Sponsored By
(R, C, IP) 62nd Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
Actions
Votes
Bill Amendments
2015-S3645 - Details
- Current Committee:
- Senate Finance
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §31.11, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S7006
2013-2014: S3865
2015-S3645 - Summary
Requires directors of facilities to perform certain duties to assure patient protection including providing independent medical examinations after reports of abuse or circumstances that may constitute a criminal offense, notifying personal representatives of alleged abuse and that a vulnerable person has been taken to a hospital and notifying vulnerable persons or their representatives of their right to clinical records.
2015-S3645 - Sponsor Memo
BILL NUMBER:S3645
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to duties of
providers of services for the developmentally disabled
PURPOSE OR GENERAL IDEA OF BILL:
To require there must be an independent medical evaluation of an
individual who is mentally disabled if there is an allegation of
abuse.
SUMMARY OF SPECIFIC PROVISIONS:
Section 31.11 of the Mental Hygiene Law is amended by adding a new
subdivision 6.
JUSTIFICATION:
Any time abuse of an individual who is disabled is suspected, there is
a medical evaluation. However, the group home or non-profit agency
often sends the client to a medical professional who is affiliated
with the group home or a medical professional who is on the board of
the home or non-profit agency. This legislation would require that the
medical evaluation be completed by a medical professional who has no
2015-S3645 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3645
2015-2016 Regular Sessions
I N S E N A T E
February 13, 2015
___________
Introduced by Sen. ORTT -- 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 duties of provid-
ers of services for the developmentally disabled
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 31.11 of the mental hygiene law is amended by
adding a new subdivision 6 to read as follows:
6. PROVIDING AN INDEPENDENT MEDICAL EXAMINATION AT A HOSPITAL, URGENT
CARE OR SIMILAR INSTITUTION WHENEVER AN ALLEGATION OF ABUSE OR NEGLECT
OF A CHILD OR ADULT UNDER SUCH CARE IS REPORTED.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06393-01-5
2015-S3645A (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §31.11, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S7006
2013-2014: S3865
2015-S3645A (ACTIVE) - Summary
Requires directors of facilities to perform certain duties to assure patient protection including providing independent medical examinations after reports of abuse or circumstances that may constitute a criminal offense, notifying personal representatives of alleged abuse and that a vulnerable person has been taken to a hospital and notifying vulnerable persons or their representatives of their right to clinical records.
2015-S3645A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3645A
TITLE OF BILL: An act to amend the mental hygiene law, in relation to
duties of directors of facilities to assure protection of patients
PURPOSE OR GENERAL IDEA OF BILL:
To require there must be an independent medical evaluation of an
individual within certain instances
SUMMARY OF SPECIFIC PROVISIONS:
Section 31.11 of the Mental Hygiene Law is amended by adding a new
subdivision 6 providing an independent medical examination within 96
hours when emergency services or law enforcement are called to respond
to circumstances that may constitute a criminal offense, an allegation
that could reasonably constitute a reportable incident to the
vulnerable persons' central registrar.
Further requires the immediate notifying of the personal
representative, parent, spouse, sibling or guardian in the event such
individual has been taken to a hospital, urgent care, or similar
location. Following an independent medical examination notifying the
vulnerable person and their representative of their right to access
the clinical records.
2015-S3645A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3645--A
Cal. No. 493
2015-2016 Regular Sessions
I N S E N A T E
February 13, 2015
___________
Introduced by Sen. ORTT -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental 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 duties of direc-
tors of facilities to assure protection of patients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (b) of section 33.03 of the mental hygiene law
is amended by adding three new paragraphs 6, 7 and 8 to read as follows:
6. PROVIDING AN INDEPENDENT MEDICAL EXAMINATION AT A HOSPITAL, URGENT
CARE OR SIMILAR INSTITUTION WITHIN NINETY-SIX HOURS WHEN: (I) EMERGENCY
SERVICES OR LAW ENFORCEMENT ARE CALLED VIA THE 911 EMERGENCY TELEPHONE
SYSTEM OR THE E911 SYSTEM TO RESPOND TO CIRCUMSTANCES THAT MAY CONSTI-
TUTE A CRIMINAL OFFENSE OR AN IMMEDIATE THREAT TO A VULNERABLE PERSON'S
HEALTH, SAFETY OR WELFARE; OR (II) AN ALLEGATION THAT COULD REASONABLY
CONSTITUTE A REPORTABLE INCIDENT IS RECEIVED BY THE VULNERABLE PERSONS'
CENTRAL REGISTER, AND TRANSMITTED TO THE DIRECTOR OR OPERATOR OF THAT
FACILITY OR PROVIDER AGENCY THAT SUCH A VULNERABLE PERSON HAS BEEN THE
VICTIM OF ABUSE OR NEGLECT PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
THREE OF SECTION FOUR HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW.
7. IMMEDIATELY NOTIFYING THE PERSONAL REPRESENTATIVE, PARENT, SPOUSE,
SIBLING OR GUARDIAN OF A VULNERABLE PERSON ALLEGED TO HAVE BEEN ABUSED
OR NEGLECTED, IN THE EVENT SUCH VULNERABLE PERSON HAS BEEN TAKEN TO A
HOSPITAL, URGENT CARE OR SIMILAR INSTITUTION FOR AN INDEPENDENT MEDICAL
EXAMINATION PURSUANT TO PARAGRAPH SIX OF THIS SUBDIVISION.
8. FOLLOWING AN INDEPENDENT MEDICAL EXAMINATION PURSUANT TO PARAGRAPH
SIX OF THIS SUBDIVISION, NOTIFYING THE VULNERABLE PERSON, THE PERSONAL
REPRESENTATIVE, PARENT, SPOUSE, SIBLING, GUARDIAN OR ANY OTHER QUALIFIED
PERSON AS DEFINED BY PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION 33.16
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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