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

                                  9484

                          I N  A S S E M B L Y

                             March 10, 2016
                               ___________

Introduced  by M. of A. STECK -- read once and referred to the Committee
  on Mental Health

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-
ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH  MENTAL  HEALTH  PRACTI-
TIONER OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.

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

                                                           LBD14029-01-6

A. 9484                             2

  (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.