S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3761
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. McDONOUGH, RAIA, BRABENEC -- Multi-Sponsored by
   -- M. of A.  CROUCH, FINCH, HAWLEY, M. L. MILLER, MORINELLO, PALMESANO
   -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law and the  mental  hygiene  law,  in
   relation  to requiring providers of non-emergency, clinical outpatient
   treatment to check whether patients are sex offenders and to segregate
   sex offender patients from other patients
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding a new section 25
 to read as follows:
   §  25. REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
 OUTPATIENT TREATMENT. 1. EVERY PERSON AND ENTITY WHICH PROVIDES  A  NON-
 EMERGENCY,  CLINICAL  OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH
 REQUIRES THREE OR MORE VISITS DURING ANY CALENDAR  YEAR,  SHALL  REQUIRE
 EACH  SUCH  PATIENT TO PROVIDE HIS OR HER ADDRESS AND DATE OF BIRTH, AND
 INQUIRE WHETHER SUCH PATIENT IS A SEX OFFENDER, AS DEFINED  BY  SUBDIVI-
 SION ONE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW.  IN
 ADDITION,  SUCH PERSON OR ENTITY SHALL CALL THE SPECIAL TELEPHONE NUMBER
 OPERATED BY THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  PURSUANT  TO
 SECTION  ONE  HUNDRED  SIXTY-EIGHT-P OF THE CORRECTION LAW, TO DETERMINE
 WHETHER EACH SUCH PATIENT IS A SEX OFFENDER.
   2. EVERY PERSON AND ENTITY WHICH PROVIDES  A  NON-EMERGENCY,  CLINICAL
 OUTPATIENT  COURSE  OF  TREATMENT  TO A PATIENT, WHICH REQUIRES THREE OR
 MORE VISITS DURING ANY CALENDAR YEAR, SHALL SCHEDULE AND TREAT  PATIENTS
 WHO  ARE  SEX  OFFENDERS DURING AND AT SUCH TIMES AS NO PATIENTS WHO ARE
 NOT SEX OFFENDERS ARE WITHIN ANY PORTION OF THE FACILITY IN WHICH TREAT-
 MENT IS PROVIDED.
   § 2. The mental hygiene law is amended by adding a new  section  33.28
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01725-01-9
              

 A. 3761                             2
 
 § 33.28 REQUIREMENT  TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
           OUTPATIENT TREATMENT.
   (A)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
 THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY,  CLIN-
 ICAL  OUTPATIENT  COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
 OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT
 TO PROVIDE HIS OR HER ADDRESS AND DATE OF  BIRTH,  AND  INQUIRE  WHETHER
 SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION
 ONE  HUNDRED  SIXTY-EIGHT-A  OF  THE  CORRECTION  LAW. IN ADDITION, SUCH
 FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY
 THE DIVISION OF  CRIMINAL  JUSTICE  SERVICES  PURSUANT  TO  SECTION  ONE
 HUNDRED  SIXTY-EIGHT-P  OF THE CORRECTION LAW, TO DETERMINE WHETHER EACH
 SUCH PATIENT IS A SEX OFFENDER.
   (B) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE  OF
 THE  DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN-
 ICAL OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH  REQUIRES  THREE
 OR  MORE  VISITS  DURING  ANY  CALENDAR  YEAR,  SHALL SCHEDULE AND TREAT
 PATIENTS WHO ARE SEX OFFENDERS DURING AND AT SUCH TIMES AS  NO  PATIENTS
 WHO  ARE  NOT  SEX  OFFENDERS  ARE WITHIN ANY PORTION OF THE FACILITY OR
 PROGRAM IN WHICH TREATMENT IS PROVIDED.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.