S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4693
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental  hygiene  law,  in  relation  to  reports  of
   substantial risk or threat of harm by mental health professionals; and
   repealing certain provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9.46 of the mental hygiene law is  REPEALED  and  a
 new section 9.46 is added to read as follows:
 § 9.46 REPORTS  OF  SUBSTANTIAL  RISK OR THREAT OF HARM BY MENTAL HEALTH
          PROFESSIONALS.
   (A) FOR PURPOSES OF THIS SECTION,  THE  TERM  "MENTAL  HEALTH  PROFES-
 SIONAL"  SHALL  INCLUDE  A  PHYSICIAN  LICENSED  PURSUANT TO ARTICLE ONE
 HUNDRED THIRTY-ONE OF THE EDUCATION LAW; A PSYCHOLOGIST LICENSED  PURSU-
 ANT  TO  ARTICLE  ONE  HUNDRED FIFTY-THREE OF THE EDUCATION LAW; A NURSE
 PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
 EDUCATION LAW; OR A LICENSED CLINICAL SOCIAL WORKER LICENSED PURSUANT TO
 ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
   (B) NOTWITHSTANDING ANY OTHER LAW  TO  THE  CONTRARY,  WHEN  A  MENTAL
 HEALTH   PROFESSIONAL,   CURRENTLY  PROVIDING  MENTAL  HEALTH  TREATMENT
 SERVICES TO A PERSON, DETERMINES THAT SUCH PERSON PRESENTS A SERIOUS AND
 IMMINENT DANGER TO SELF OR OTHERS, HE OR SHE IS AUTHORIZED  TO  DISCLOSE
 SUCH  DETERMINATION AS FOLLOWS: (I) TO AN ENDANGERED INDIVIDUAL OR INDI-
 VIDUALS, IF IDENTIFIABLE; (II) TO A LAW ENFORCEMENT AGENCY AND (III)  AS
 SOON  AS  PRACTICAL,  TO THE DIRECTOR OF COMMUNITY SERVICE OR THE DIREC-
 TOR'S DESIGNEE, IN SUCH MANNER AND FORM AS DIRECTED BY THE COMMISSIONER.
 THE REASONS FOR SUCH DISCLOSURE SHALL BE FULLY DOCUMENTED IN THE  TREAT-
 MENT  RECORD  OF  SUCH  PERSON. THE DIRECTOR OF COMMUNITY SERVICE OR THE
 DIRECTOR'S DESIGNEE SHALL REPORT TO THE  DIVISION  OF  CRIMINAL  JUSTICE
 SERVICES  WHENEVER  HE  OR SHE AGREES THAT THE PERSON PRESENTS A SERIOUS
 AND IMMINENT DANGER TO SELF OR OTHERS. INFORMATION  TRANSMITTED  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04881-01-9

 A. 4693                             2
 
 DIVISION  OF  CRIMINAL JUSTICE SERVICES SHALL BE LIMITED TO THE NAME AND
 OTHER NON-CLINICAL IDENTIFYING INFORMATION REGARDING THE PERSON  WHO  IS
 THE  SUBJECT  OF  THE  DISCLOSURE,  WHICH MAY BE USED BY THE DIVISION OF
 CRIMINAL  JUSTICE SERVICES ONLY FOR DETERMINING WHETHER A LICENSE ISSUED
 PURSUANT TO SECTION 400.00 OF THE  PENAL  LAW  SHOULD  BE  SUSPENDED  OR
 REVOKED, OR FOR DETERMINING WHETHER A PERSON IS INELIGIBLE FOR A LICENSE
 ISSUED  PURSUANT  TO  SECTION  400.00  OF THE PENAL LAW, OR IS NO LONGER
 PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM. FOR  PURPOSES
 OF THIS SECTION, THE TERM "LAW ENFORCEMENT AGENCY" SHALL INCLUDE THE NEW
 YORK  STATE POLICE AND THE POLICE DEPARTMENTS OF A COUNTY, TOWN, CITY OR
 VILLAGE IN THE STATE.
   (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  REQUIRE  A  MENTAL
 HEALTH  PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE PROFESSIONAL JUDG-
 MENT OF THE MENTAL  HEALTH  PROFESSIONAL,  WOULD  ENDANGER  SUCH  MENTAL
 HEALTH  PROFESSIONAL  OR  INCREASE  THE DANGER TO A POTENTIAL ENDANGERED
 PERSON OR PERSONS.
   (D) ABSENT MALICE OR INTENTIONAL MISCONDUCT, THE DECISION OF A  MENTAL
 HEALTH  PROFESSIONAL  TO  DISCLOSE OR NOT TO DISCLOSE IN ACCORDANCE WITH
 THIS SECTION SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL  LIABILITY
 OF SUCH MENTAL HEALTH PROFESSIONAL.
   § 2. This act shall take effect immediately.