S T A T E O F N E W Y O R K
________________________________________________________________________
2136
2015-2016 Regular Sessions
I N A S S E M B L Y
January 15, 2015
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Introduced by M. of A. McDONOUGH, RAIA, McKEVITT, SALADINO -- Multi-
Sponsored by -- M. of A. CROUCH, FINCH, HAWLEY, PALMESANO, TITONE --
read once and referred to the Committee on Health
AN ACT to amend the public health law and the mental hygiene law, in
relation to requiring providers of non-emergency, clinical outpatient
treatment to check whether patients are sex offenders and to segregate
sex offender patients from other patients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section 25
to read as follows:
S 25. REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
OUTPATIENT TREATMENT. 1. EVERY PERSON AND ENTITY WHICH PROVIDES A
NON-EMERGENCY, CLINICAL OUTPATIENT COURSE OF TREATMENT TO A PATIENT,
WHICH REQUIRES THREE OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL
REQUIRE EACH SUCH PATIENT TO PROVIDE HIS OR HER ADDRESS AND DATE OF
BIRTH, AND INQUIRE WHETHER SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY
SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION
LAW. IN ADDITION, SUCH PERSON OR ENTITY SHALL CALL THE SPECIAL TELE-
PHONE NUMBER OPERATED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO
DETERMINE WHETHER EACH SUCH PATIENT IS A SEX OFFENDER.
2. EVERY PERSON AND ENTITY WHICH PROVIDES A NON-EMERGENCY, CLINICAL
OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE OR
MORE VISITS DURING ANY CALENDAR YEAR, SHALL SCHEDULE AND TREAT PATIENTS
WHO ARE SEX OFFENDERS DURING AND AT SUCH TIMES AS NO PATIENTS WHO ARE
NOT SEX OFFENDERS ARE WITHIN ANY PORTION OF THE FACILITY IN WHICH TREAT-
MENT IS PROVIDED.
S 2. The mental hygiene law is amended by adding a new section 33.27
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03476-01-5
A. 2136 2
S 33.27 REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
OUTPATIENT TREATMENT.
(A) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN-
ICAL OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT
TO PROVIDE HIS OR HER ADDRESS AND DATE OF BIRTH, AND INQUIRE WHETHER
SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW. IN ADDITION, SUCH
FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY
THE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO SECTION ONE
HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO DETERMINE WHETHER EACH
SUCH PATIENT IS A SEX OFFENDER.
(B) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN-
ICAL OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL SCHEDULE AND TREAT
PATIENTS WHO ARE SEX OFFENDERS DURING AND AT SUCH TIMES AS NO PATIENTS
WHO ARE NOT SEX OFFENDERS ARE WITHIN ANY PORTION OF THE FACILITY OR
PROGRAM IN WHICH TREATMENT IS PROVIDED.
S 3. This act shall take effect on the thirtieth day after it shall
have become a law.