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Assembly Bill A4847

2019-2020 Legislative Session

Relates to the protection of mental health practitioners

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Archive: Last Bill Status - In Assembly Committee

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2019-A4847 (ACTIVE) - Details

See Senate Version of this Bill:
S2372
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Add §9.42, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7424
2017-2018: A6849, S775
2021-2022: A272, S3475
2023-2024: A4377, S7969
2025-2026: A994, S6116

2019-A4847 (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.

2019-A4847 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4847
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced  by M. of A. STECK -- read once and referred to the Committee
   on Mental Health
 
 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.
   (D)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
 HEALTH PRACTITIONER TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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