senate Bill S775A

2017-2018 Legislative Session

Relates to the protection of mental health practitioners

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to mental health and developmental disabilities
Jan 27, 2017 print number 775a
Jan 27, 2017 amend (t) and recommit to mental health and developmental disabilities
Jan 04, 2017 referred to mental health and developmental disabilities

S775 (ACTIVE) - Details

See Assembly Version of this Bill:
A6849
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §9.42, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7424
2019-2020: S2372, A4847

S775 (ACTIVE) - 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.

S775 (ACTIVE) - Sponsor Memo

S775 (ACTIVE) - Bill Text download pdf


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

                                   775

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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:
§ 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.

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

Co-Sponsors

S775A (ACTIVE) - Details

See Assembly Version of this Bill:
A6849
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add §9.42, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7424
2019-2020: S2372, A4847

S775A (ACTIVE) - 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.

S775A (ACTIVE) - Sponsor Memo

S775A (ACTIVE) - Bill Text download pdf


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

                                 775--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

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:
§ 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.

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

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