BILL NUMBER: S8592

SPONSOR: ORTT
 
TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
transportation of patients

 
PURPOSE OF THE BILL:

This bill would amend Mental Hygiene Law (MHL) § 33.17 to make the stat-
ute gender neutral, allowing for individuals to be transported by any
staff member, while continuing to provide for same gender staff trans-
portation within staffing limitations and upon an individual's request.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend the title to section 33.17 of the
Mental Hygiene Law to "Transportation of individuals".

Section 2 would amend the current language to add "Within staffing limi-
tations and upon request, an individual who is being transported to or
from a facility may be accompanied by same gender staff." It removes the
              

reference to female patient and the need for female staff and/or father,
brother, husband or son accompanying a female being transported.

Section 3 of the bill would provide for an immediate effective date.

 
JUSTIFICATION:

Mental Hygiene Law Section 33.17 was adopted in 1927. At that time,
services for people with developmental disabilities were primarily
provided in large institutions where people would live for decades.
During those infrequent times when people were transferred between
facilities, the law provided that any female being transported would
need to be accompanied by another female, unless accompanied by her
father, brother, husband, or son.

This amendment recognizes the need for gender neutrality and acknowl-
edges the development of a community-based system of services and
supports, with individuals of all genders needing transportation to a
wide variety of activities and appointments, and modifies the law's
restriction on who may provide transportation services to prevent
restrictions on the flexibility necessary to provide person-centered
supports. The amendment of this statute would allow agencies providing
services to people with disabilities to be more responsive to individual
needs, while acknowledging an individual's preference and providing
appropriate same gender staff, based upon availability and/or request.

 
PRIOR LEGISLATIVE HISTORY:

This is a new proposal.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill would take effect immediately.