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
                               ___________

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.