The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9349
 
                           I N  A S S E M B L Y
 
                             February 23, 2022
                                ___________
 
 Introduced  by M. of A. FRONTUS -- read once and referred to the Commit-
   tee 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.
                                                            LBD08385-01-1
 A. 9349                             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.