NY State Senate Bill 2017-S5389

Senate Bill S5389

2017-2018 Legislative Session

Relates to the disclosure of information necessary to file a petition for assisted outpatient treatment

download bill text pdf

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

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Actions

View Actions

	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

Votes

- May 16, 2017 - Committee Vote
  S5389
  
  9
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: May 16, 2017
      
      aye (9)
      
      Bailey
      
      Brooks
      
      Carlucci
      
      Felder
      
      Hamilton
      
      Hannon
      
      Murphy
      
      Ortt
      
      Serino
      
      nay (1)
      
      Krueger
      
      aye wr (1)
      
      Rivera

co-Sponsors

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) - Summary

Relates to the disclosure of information necessary to file a petition for assisted outpatient treatment; extends provisions relating to Kendra's Law.

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

for AOT within 6 months of expiration of an order if an individual's
condition significantly decompensates.

Section 3 of the bill would extend the sunset date of Kendra's Law
until June 30, 2022.

Section 4 of the bill would provide for an immediate effective date.

 JUSTIFICATION :

Kendra's Law creates a statutory framework for court-ordered Assisted
Outpatient Treatment (AOT), to ensure that individuals with mental
illness and a history of hospitalizations or violence participate in
community-based services appropriate to their needs. Kendra's Law
establishes a procedure for obtaining court orders for certain
individuals with mental illness to receive and accept outpatient
treatment. Kendra's Law is set to expire on June 30, 2017.

The statewide implementation of Kendra's Law has resulted in
beneficial structural changes to local mental health service delivery
systems. New mechanisms for identifying, investigating, and assessing
individuals, developed in order to fulfill the requirements of AOT
implementation, have improved access to services for high-need
individuals, treatment plan development, discharge planning, and
coordination of service planning. The implementation of AOT has also
supported the development of more collaborative relationships between
the mental health and court systems.

This bill would also enhance AOT by providing a mechanism to obtain a
new order in a timely fashion for persons whose orders have expired,
but who are experiencing significant signs of decompensation.
Currently, if a determination is made not to renew an AOT order and
the individual begins to demonstrate signs of deterioration, not only
is the option of a removal order unavailable, but staff are forced to
wait until the current criteria for hospitalization and/or violence
are again met within the requisite time frame in order to petition for
a new order. This has the unintended negative result of requiring an
individual to demonstrate "failure" by repeat hospitalization or
violent behavior over a period of time before assisted outpatient
treatment can be reinstated. This proposal would allowing a new
petition to be filed in cases where an order has expired but, within 6
months after the expiration of such order, the individual is
demonstrating significant decompensation through exacerbated symptoms
and impairment of function.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

This bill would have no fiscal implications.

 EFFECTIVE DATE :
The bill would take effect immediately.

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.

                                                            LBD09924-01-7

 S. 5389                             2
 
   (ii)  EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (III) OF THIS PARA-
 GRAPH, prior to the filing of the petition, resulted in one or more acts
 of serious violent behavior toward self or  others  or  threats  of,  or
 attempts  at,  serious  physical  harm to self or others within the last
 forty-eight  months,  not including any current period, or period ending
 within the last six months, in which the person was or  is  hospitalized
 or incarcerated; [and] OR
   (III)  NOTWITHSTANDING  SUBPARAGRAPHS  (I) AND (II) OF THIS PARAGRAPH,
 RESULTED IN THE ISSUANCE OF AN ORDER FOR ASSISTED  OUTPATIENT  TREATMENT
 WHICH  HAS  EXPIRED WITHIN THE LAST SIX MONTHS, AND SINCE THE EXPIRATION
 OF THE ORDER, THE PERSON HAS EXPERIENCED A SUBSTANTIAL INCREASE IN SYMP-
 TOMS OF MENTAL ILLNESS AND A LOSS OF FUNCTION; AND
   § 3. Section 18 of chapter 408  of  the  laws  of  1999,  constituting
 Kendra's Law, as amended by chapter 1 of the laws of 2013, is amended to
 read as follows:
   §  18.  This  act shall take effect immediately, provided that section
 fifteen of this act shall take effect April 1, 2000, provided,  further,
 that  subdivision (e) of section 9.60 of the mental hygiene law as added
 by section six of this act shall be effective 90  days  after  this  act
 shall  become law; and that this act shall expire and be deemed repealed
 June 30, [2017] 2022.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  made to section 9.60 of the mental hygiene law, made by
 sections one and two of this act, shall not affect the  repeal  of  such
 section and shall be deemed repealed therewith.

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Senate Bill S5389

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Sponsored By

Catharine Young