Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 16, 2018 |
recommit, enacting clause stricken |
Jan 03, 2018 |
referred to mental health and developmental disabilities |
Jun 21, 2017 |
committed to rules |
May 22, 2017 |
advanced to third reading |
May 17, 2017 |
2nd report cal. |
May 16, 2017 |
1st report cal.949 |
Mar 24, 2017 |
referred to mental health and developmental disabilities |
Senate Bill S5389
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C, IP) 62nd Senate District
2017-S5389 (ACTIVE) - Details
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §9.60, Ment Hyg L; amd §18, Chap 408 of 1999
2017-S5389 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5389 TITLE OF BILL : An act to amend the mental hygiene law, in relation to disclosure of information necessary to file a petition for assisted outpatient treatment; and to amend Kendra's Law, in relation to extending the provisions thereof PURPOSE OF THE BILL : This bill would require a provider of mental health services to provide information, including clinical records that are deemed necessary to prepare and file a petition for an Assisted Outpatient Treatment (AOT) order authorizing such treatment. The bill would also extend the current sunset date of Section 9.60 of the Mental Hygiene Law (Kendra's Law) from June 30, 2017, to June 30, 2022. SUMMARY OF PROVISIONS : Section 1 of the bill would authorize a Director of Community Services (DCS) to require a provider of services operated or licensed by the Office of Mental Health to provide information, including but not limited to clinical records and other information, concerning persons under consideration for AOT, that is deemed necessary to prepare and file a petition under Section 9.60 of the Mental Hygiene Law. Section 2 of the bill would authorize a DCS to initiate a new petition
2017-S5389 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5389 2017-2018 Regular Sessions I N S E N A T E March 24, 2017 ___________ Introduced by Sen. YOUNG -- (at request of the Office of Mental Health) -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the mental hygiene law, in relation to disclosure of information necessary to file a petition for assisted outpatient treatment; and to amend Kendra's Law, in relation to extending the provisions thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (e) of section 9.60 of the mental hygiene law is amended by adding a new paragraph 5 to read as follows: (5) A DIRECTOR OF COMMUNITY SERVICES OR HIS OR HER DESIGNEE MAY REQUIRE A PROVIDER OF SERVICES OPERATED OR LICENSED BY THE OFFICE OF MENTAL HEALTH TO PROVIDE INFORMATION, INCLUDING BUT NOT LIMITED TO CLIN- ICAL RECORDS AND OTHER INFORMATION CONCERNING PERSONS UNDER CONSIDER- ATION FOR ASSISTED OUTPATIENT TREATMENT, THAT IS DEEMED NECESSARY BY SUCH DIRECTOR OR DESIGNEE TO PREPARE AND FILE A PETITION UNDER THIS SECTION, AND SUCH PROVIDER IS REQUIRED TO DISCLOSE SUCH INFORMATION. § 2. Paragraph 4 of subdivision (c) of section 9.60 of the mental hygiene law, as amended by chapter 158 of the laws of 2005, is amended to read as follows: (4) has a history of lack of compliance with treatment for mental illness that has: (i) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA- GRAPH, prior to the filing of the petition, at least twice within the last thirty-six months been a significant factor in necessitating hospi- talization in a hospital, or receipt of services in a forensic or other mental health unit of a correctional facility or a local correctional facility, not including any current period, or period ending within the last six months, during which the person was or is hospitalized or incarcerated; or EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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