The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9535

                          I N  A S S E M B L Y

                            January 24, 2020
                               ___________

Introduced  by  M.  of  A.  DE LA ROSA  -- read once and referred to the
  Committee on Mental Health

AN ACT to amend the mental hygiene  law,  in  relation  to  establishing
  Nicole's law

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as "Nicole's law".
  § 2. The mental hygiene law is amended by adding a new section 9.61 to
read as follows:
§ 9.61 PATIENTS WITH SELF-INFLICTED, LIFE-THREATENING INJURIES.
  1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "SELF-INFLICTED, LIFE-THREATENING INJURIES" SHALL INCLUDE  SUICIDE
ATTEMPTS, DRUG OVERDOSES, AND OTHER SELF-HARM INJURIES INCLUDING BUT NOT
LIMITED TO CUTTING ONESELF.
  (B) "ASSISTED OUTPATIENT SERVICES" SHALL MEAN CATEGORIES OF OUTPATIENT
SERVICES  INCLUDING,  BUT  NOT  LIMITED  TO, CASE MANAGEMENT SERVICES OR
ASSERTIVE COMMUNITY TREATMENT TEAM  SERVICES  TO  PROVIDE  CARE  COORDI-
NATION,  AND  MAY  ALSO  INCLUDE  ANY  OF  THE  FOLLOWING  CATEGORIES OF
SERVICES: MEDICATION; PERIODIC BLOOD TESTS OR  URINALYSIS  TO  DETERMINE
COMPLIANCE WITH PRESCRIBED MEDICATIONS; INDIVIDUAL OR GROUP THERAPY; DAY
OR PARTIAL DAY PROGRAMMING ACTIVITIES; EDUCATIONAL AND VOCATIONAL TRAIN-
ING  OR  ACTIVITIES; ALCOHOL OR SUBSTANCE ABUSE TREATMENT AND COUNSELING
AND PERIODIC TESTS FOR THE PRESENCE OF  ALCOHOL  OR  ILLEGAL  DRUGS  FOR
PERSONS  WITH  A  HISTORY  OF ALCOHOL OR SUBSTANCE ABUSE; SUPERVISION OF
LIVING ARRANGEMENTS; AND ANY OTHER SERVICES WITHIN A LOCAL SERVICES PLAN
DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER,  PRESCRIBED  TO
TREAT THE PERSON'S MENTAL ILLNESS AND TO ASSIST THE PERSON IN LIVING AND
FUNCTIONING  IN  THE  COMMUNITY,  OR  TO ATTEMPT TO PREVENT A RELAPSE OR
DETERIORATION THAT MAY REASONABLY BE PREDICTED TO RESULT IN  SUICIDE  OR
THE NEED FOR HOSPITALIZATION.
  (C)  "ASSISTED  OUTPATIENT SERVICES PROVIDER" SHALL MEAN ANY ORGANIZA-
TION WHICH PROVIDES ASSISTED OUTPATIENT SERVICES.
  2. ALL HOSPITALS OPERATING IN THIS STATE SHALL, WITH REGARD TO  INTAKE
PRACTICES,  ENSURE  THE  FOLLOWING WHEN ADMITTING PATIENTS WITH SELF-IN-
FLICTED, LIFE-THREATENING INJURIES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13480-01-9

A. 9535                             2

  (A) EXAMINE EACH SUCH PATIENT'S MEDICAL HISTORY TO  DETERMINE  WHETHER
SUCH  PATIENT  HAS  HAD  ANY PREVIOUS INCIDENTS OF SELF-INFLICTED, LIFE-
THREATENING INJURIES; AND
  (B)  REACH  OUT  TO  ANY KNOWN FAMILY OR CARETAKER OF SUCH PATIENT FOR
INFORMATION ABOUT ANY PREVIOUS INSTANCES OF SELF-INFLICTED, LIFE-THREAT-
ENING INJURIES.
  3. WHERE A  PATIENT  ADMITTED  WITH  SELF-INFLICTED,  LIFE-THREATENING
INJURIES  IS  IDENTIFIED AS HAVING PREVIOUS INSTANCES OF SELF-INFLICTED,
LIFE-THREATENING INJURIES, THE HOSPITAL SHALL:
  (A) OBTAIN SUCH PATIENT'S PREVIOUS HOSPITAL  RECORDS  TO  VERIFY  SUCH
PREVIOUS INSTANCES OF SELF-INFLICTED, LIFE-THREATENING INJURIES;
  (B)  EXAMINE  SUCH  PATIENT'S  PREVIOUS  HOSPITAL RECORDS TO DETERMINE
WHICH TREATMENTS WERE PREVIOUSLY USED IN ORDER TO AVOID REPEATING  PRAC-
TICES WHICH FAILED SUCH PATIENT AND LED TO REPEATED EPISODES OF SELF-IN-
FLICTED, LIFE-THREATENING INJURIES;
  (C)  INCREASE  THE  MINIMUM INPATIENT STAY BY AN AMOUNT WHICH SHALL BE
DIRECTED BY THE COMMISSIONER OF HEALTH BY  RULE  AND/OR  REGULATION  FOR
EACH PREVIOUS INSTANCE OF SELF-INFLICTED, LIFE-THREATENING INJURIES; AND
  (D) MAKE REASONABLE ATTEMPTS TO CONTACT SUCH PATIENT'S FAMILY OR CARE-
TAKER  IN  ORDER  TO  RECEIVE  INSIGHTS  ON SUCH PATIENT'S MENTAL HEALTH
HISTORY, AND ANY OTHER INFORMATION WHICH MAY BE USEFUL IN SUCH PATIENT'S
TREATMENT.
  4. WHERE A PATIENT IS BEING DISCHARGED AFTER HAVING BEEN ADMITTED WITH
SELF-INFLICTED, LIFE-THREATENING INJURIES, THE HOSPITAL SHALL:
  (A) PROVIDE SUCH PATIENT'S FAMILY OR CARETAKER  WITH  NOTICE  OF  SUCH
PATIENT'S DISCHARGE AT LEAST FORTY-EIGHT HOURS PRIOR TO SUCH DISCHARGE;
  (B)  ENSURE  THAT  HOSPITAL STAFF CONDUCT A MEETING WITH SUCH PATIENT,
WHICH MAY INCLUDE SUCH PATIENT'S FAMILY OR  CARETAKER,  TO  INFORM  SUCH
PATIENT ON WHAT IS NEEDED TO RECOVER AND HOW TO BEST MANAGE THEIR MENTAL
HEALTH;
  (C)  INFORM SUCH PATIENT OF ANY ASSISTED OUTPATIENT SERVICES PROVIDERS
THAT COULD BE HELPFUL IN SUCH PATIENT'S RECOVERY; AND
  (D) CONDUCT A FOLLOW-UP POST-DISCHARGE WITHIN A TIME FRAME WHICH SHALL
BE ESTABLISHED BY THE COMMISSIONER.
  5. WHERE A PATIENT IS REFERRED  TO  AN  ASSISTED  OUTPATIENT  SERVICES
PROVIDER  BY A HOSPITAL PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
THIS SECTION, SUCH ASSISTED OUTPATIENT SERVICES  PROVIDER  SHALL  ENSURE
THAT  SUCH  PATIENT  RECEIVES PRIORITY ACCESS TO ITS ASSISTED OUTPATIENT
SERVICES.
  6. THE OPERATOR OF ANY CLINICAL TRIAL, AS DEFINED  IN  SECTION  FORTY-
NINE  HUNDRED  OF  THE  PUBLIC HEALTH LAW, WHICH DISMISSES AN INDIVIDUAL
FROM CONSIDERATION OF PARTICIPATION BECAUSE  SUCH  INDIVIDUAL  INDICATES
THAT  THEY  HAVE  MADE  A  SUICIDE  ATTEMPT OR HAVE BEEN SUICIDAL, SHALL
PROVIDE SUCH INDIVIDUAL WITH THE SUICIDE  CRISIS  LINE,  1-800-273-8255,
AND WHENEVER POSSIBLE THE CONTACT INFORMATION OF A LOCAL ASSISTED OUTPA-
TIENT  SERVICES  PROVIDER.    SUCH  CLINICAL  TRIAL  OPERATOR SHALL ALSO
PROVIDE A POSITIVE MESSAGE TO SUCH INDIVIDUAL  SUCH  AS,  "IF  YOU  NEED
HELP,  I  ENCOURAGE YOU TO SEEK THAT HELP, MOST IMPORTANTLY IT WILL HELP
YOU FEEL BETTER AND HOPEFULLY YOU WILL BE ABLE  TO  PARTICIPATE  IN  THE
FUTURE."
  §  3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective date are authorized to be made and completed on or before such
effective date.