|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 05, 2019||referred to mental health|
assembly Bill A4847
Current Bill Status - In Assembly Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
A4847 (ACTIVE) - Details
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.
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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