NY State Senate Bill 2019-S2372

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to mental health and developmental disabilities
Jan 24, 2019	referred to mental health and developmental disabilities

co-Sponsors

2019-S2372 (ACTIVE) - Details

See Assembly Version of this Bill:: A4847
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §9.42, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7424
2017-2018: S775, A6849
2021-2022: S3475, A272
2023-2024: S7969, A4377

2019-S2372 (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-S2372 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2372

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to the protection of
mental health practitioners

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the Mental Hygiene Law to allow mental health practitioners
working in private practice to make efforts to reduce or eliminate the
risk of harm to an individual or individuals where a patient has made a
threat or expressed a desire to harm an individual or individuals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new section 9.42 to the Mental Hygiene Law which would
impose a duty on mental health practitioners to make reasonable efforts
to reduce or eliminate the risk of harm where a client directly communi-
cates a threat of serious, imminent harm to self or against an identifi-

able person or persons. Reasonable efforts, for purposes of this stat-
ute, would include modifying the aspects of treatment in order to reduce
or eliminate the risk of harm, initiating procedures for hospitaliza-
tion, notifying the intended victim or victims, or notifying law
enforcement officials. This section also immunizes a mental health prac-
titioner from civil or criminal liability where he or she determines a
need to disclose information that is normally protected by patient or
client confidentiality rules.

Section 2 sets forth an immediate effective date.

 
JUSTIFICATION:

Psychologists are often the first to learn about the imminent threat of
harm to a person or group of people, and can serve an important, front-
line function in keeping the public safe. This legislation would provide
psychologists with clear requirements for when and how they must deal
with patients that make a threat of harm to a specific person, while
being protected from liability.

Under current law, psychologists working in programs licensed by the
Office of Mental Health and the Office for Persohs with Developmental
Disabilities are subject to this duty to protect where a patient has
conveyed a threat of harm. This legislation would extend that duty to
practitioners in the private sector where a threat includes a serious
intent to act and the patient has the ability to carry out that threat,
making it more likely that a practitioner will take rapid, effective
action to protect the public.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: S775A/A6849 - AMENDED TO MENTAL HEALTH/mental health

2015-16: S7424/A9484 - mental health/mental health

 
FISCAL IMPLICATIONS:

None to state.
 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2372 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2372
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced by Sens. CARLUCCI, SEPULVEDA -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Mental Health
   and Developmental Disabilities
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03568-01-9

 S. 2372                             2
 
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  REQUIRE  A  MENTAL
 HEALTH PRACTITIONER TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON-
 ABLE  PROFESSIONAL  JUDGMENT,  WOULD ENDANGER SUCH MENTAL HEALTH PRACTI-
 TIONER OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
   (E) THE DECISION OF A MENTAL HEALTH PRACTITIONER TO DISCLOSE OR NOT TO
 DISCLOSE THE PATIENT'S OR CLIENT'S CONFIDENTIAL TREATMENT INFORMATION TO
 OTHERS IN ACCORDANCE WITH THIS SECTION, WHEN MADE REASONABLY AND IN GOOD
 FAITH,  SHALL  NOT  BE  THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY OF
 SUCH MENTAL HEALTH PRACTITIONER, INCLUDING LIABILITY PURSUANT TO  UNPRO-
 FESSIONAL  CONDUCT  AS DESCRIBED IN THE RULES OF THE BOARD OF REGENTS OF
 NEW YORK STATE, PART 29.
   § 2. This act shall take effect immediately.

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Senate Bill S2372

Sponsored By

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

co-Sponsors

2019-S2372 (ACTIVE) - Details

2019-S2372 (ACTIVE) - Summary

2019-S2372 (ACTIVE) - Sponsor Memo

2019-S2372 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2372

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Sponsored By

David Carlucci

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

co-Sponsors

Luis R. Sepúlveda

James Skoufis

2019-S2372 (ACTIVE) - Details

2019-S2372 (ACTIVE) - Summary

2019-S2372 (ACTIVE) - Sponsor Memo

2019-S2372 (ACTIVE) - Bill Text download pdf

Comments