assembly Bill A6849

2017-2018 Legislative Session

Relates to the protection of mental health practitioners

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to mental health
Mar 22, 2017 referred to mental health

Co-Sponsors

A6849 - Details

See Senate Version of this Bill:
S775A
Law Section:
Mental Hygiene Law
Laws Affected:
Add §9.42, Ment Hyg L

A6849 - Summary

Imposes a duty to protect upon mental health practitioners; requires reasonable efforts to modify aspects of 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 when a person 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; does not require a mental health practitioner to take any action which, in the exercise of reasonable professional judgment, would endanger such mental health practitioner or increase the danger to a potential victim or victims.

A6849 - Bill Text download pdf

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

                                  6849

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 22, 2017
                               ___________

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 the protection of
  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 MAY 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: MODIFY-
ING 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.
                                                           LBD02386-03-7

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