S T A T E O F N E W Y O R K
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7424
I N S E N A T E
April 29, 2016
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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 imposing a duty
to protect upon mental health practitioners
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
9.42 to read as follows:
S 9.42 EFFORTS BY MENTAL HEALTH PRACTITIONERS TO REDUCE OR ELIMINATE
RISKS OF HARM.
(A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PRACTITION-
ER" SHALL INCLUDE ANY NEW YORK STATE LICENSED MENTAL HEALTH PRACTITION-
ER, INCLUDING PHYSICIANS, PSYCHOLOGISTS, REGISTERED PSYCHIATRIC NURSES
AND NURSE PRACTITIONERS, AND LICENSED CLINICAL SOCIAL WORKERS.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A PERSON TO
WHOM A MENTAL HEALTH PRACTITIONER IS CURRENTLY PROVIDING TREATMENT
DIRECTLY COMMUNICATES A THREAT OF SERIOUS, IMMINENT HARM TO SELF OR
AGAINST A READILY IDENTIFIABLE PERSON OR PERSONS, AND THE THREAT
INCLUDES BOTH A SERIOUS INTENT TO ACT AND THE ABILITY TO CARRY OUT THE
THREAT, THE MENTAL HEALTH PRACTITIONER SHALL BE REQUIRED TO MAKE TIMELY
AND REASONABLE EFFORTS TO REDUCE OR ELIMINATE THE RISK OF HARM. FOR
PURPOSES OF THIS SECTION, REASONABLE EFFORTS MAY INCLUDE, BUT ARE NOT
LIMITED TO: MODIFYING ASPECTS OF THE TREATMENT IN ORDER TO REDUCE OR
ELIMINATE THE RISK OF HARM; INITIATING PROCEDURES FOR HOSPITALIZATION;
NOTIFYING THE INTENDED VICTIM OR VICTIMS; OR NOTIFYING LAW ENFORCEMENT
OFFICIALS.
(C) WHENEVER A MENTAL HEALTH PRACTITIONER IS REQUIRED TO MAKE TIMELY
AND REASONABLE EFFORTS PURSUANT TO SUBDIVISION (B) OF THIS SECTION, HE
OR SHE SHALL ALSO COMPLY WITH THE PROVISIONS OF SECTION 9.46 OF THIS
ARTICLE.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
HEALTH PRACTITIONER TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14029-01-6
S. 7424 2
ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH MENTAL HEALTH PRACTI-
TIONER OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
(E) THE DECISION OF A MENTAL HEALTH PRACTITIONER TO DISCLOSE OR NOT TO
DISCLOSE THE PATIENT'S OR CLIENT'S CONFIDENTIAL TREATMENT INFORMATION TO
OTHERS IN ACCORDANCE WITH THIS SECTION, WHEN MADE REASONABLY AND IN GOOD
FAITH, SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY OF
SUCH MENTAL HEALTH PRACTITIONER, INCLUDING LIABILITY PURSUANT TO UNPRO-
FESSIONAL CONDUCT AS DESCRIBED IN THE RULES OF THE BOARD OF REGENTS OF
NEW YORK STATE, PART 29.
S 2. This act shall take effect immediately.