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Assembly Bill A9670

2019-2020 Legislative Session

Relates to the provision of incident reports to qualified persons and the manner of delivery of such reports

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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2019-A9670 (ACTIVE) - Details

See Senate Version of this Bill:
S8978
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.23, Ment Hyg L
Versions Introduced in 2021-2022 Legislative Session:
A7163

2019-A9670 (ACTIVE) - Summary

Relates to the provision of incident reports to qualified persons and the manner of delivery of such reports.

2019-A9670 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9670
 
                           I N  A S S E M B L Y
 
                             February 4, 2020
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to  providing  inci-
   dent reports to qualified persons
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 33.23 of the mental hygiene law,
 as added by chapter 24 of the laws  of  2007,  is  amended  to  read  as
 follows:
   (a)  The  director  of  a  facility,  as defined in subdivision six of
 section 1.03 of this chapter, shall provide telephone notice of an inci-
 dent involving a patient receiving care and treatment at  such  facility
 to a qualified person, as defined in paragraph six of subdivision (a) of
 section  33.16  of  this  article.  Such notice shall be provided within
 twenty-four hours of the  initial  report  of  such  incident.  For  the
 purposes  of  this  section, "incident" shall mean an accident or injury
 that affects the health or safety of a patient. Upon the  request  of  a
 qualified  person, the director shall [promptly] WITHIN TEN DAYS OF SUCH
 REQUEST, provide to [him or her] THE QUALIFIED  PERSON  a  copy  of  the
 written  incident  report,  provided that the names and other personally
 identifying information of patients and employees shall not be  included
 unless  such  patients and employees authorize disclosure[. The director
 of the facility shall also], offer to hold a meeting with such qualified
 person to further discuss the incident[. In addition, within  ten  days,
 the  director  of the facility shall], AND provide such qualified person
 with a written report on the actions taken to address the incident.  THE
 DIRECTOR  MAY OFFER TO PROVIDE ALL REPORTS TO THE QUALIFIED PERSON ELEC-
 TRONICALLY.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14973-01-0

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