senate Bill S5434A

Signed By Governor
2021-2022 Legislative Session

Relates to providing information about extreme risk protection orders upon release or discharge of patients

download bill text pdf

Sponsored By

Current Bill Status Via A1005 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 08, 2021 signed chap.586
Oct 27, 2021 delivered to governor
Jun 08, 2021 returned to assembly
passed senate
3rd reading cal.844
substituted for s5434a
Jun 08, 2021 substituted by a1005a
May 24, 2021 amended on third reading (t) 5434a
May 24, 2021 vote reconsidered - restored to third reading
returned to senate
recalled from assembly
May 11, 2021 referred to mental health
delivered to assembly
passed senate
May 04, 2021 advanced to third reading
May 03, 2021 2nd report cal.
Apr 28, 2021 1st report cal.844
Mar 04, 2021 referred to mental health

Votes

view votes

Apr 28, 2021 - Mental Health committee Vote

S5434
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 28, 2021

aye wr (2)

Co-Sponsors

S5434 - Details

See Assembly Version of this Bill:
A1005
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §29.15, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
A10716

S5434 - Summary

Relates to providing information about extreme risk protection orders upon conditional release or discharge of patients to the community; allows information to be provided to the patient or, upon consent of the patient, to an authorized representative who has actively participated in the patient's treatment plan, if the director of the facility and such facility's clinical staff who worked directly with the patient determine through an evaluation and assessment, that there is the presence of a mental health diagnosis or symptoms of a mental illness exhibited by the patient, which indicates the patient may be at substantial risk of physical harm to himself or herself, or has made threats of or attempts at suicide.

S5434 - Sponsor Memo

S5434 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5434
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to including certain
   information about seeking extreme risk protection  orders  in  written
   service plans for discharge and conditional release of patients to the
   community
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 5 of subdivision (g)  of  section  29.15  of  the
 mental  hygiene  law,  as  added  by chapter 306 of the laws of 1995, is
 amended and a new paragraph 6 is added to read as follows:
   [(5) an] 5. AN evaluation of the patient's need and  potential  eligi-
 bility  public  benefits  following  discharge  or  conditional release,
 including public assistance, medicaid, and supplemental security income.
   6. MATERIAL PROVIDING INFORMATION  RELATED  TO  SEEKING  EXTREME  RISK
 PROTECTION  ORDERS, PURSUANT TO ARTICLE SIXTY-THREE-A OF THE CIVIL PRAC-
 TICE LAW AND RULES.   SUCH MATERIAL SHALL INFORM  THE  PATIENT,  AND  AN
 AUTHORIZED  REPRESENTATIVE OF SUCH PATIENT WHO HAS ACTIVELY PARTICIPATED
 IN THE DEVELOPMENT OF A PLAN FOR SUCH PATIENT'S DISCHARGE OR CONDITIONAL
 RELEASE PURSUANT TO SUBDIVISION (F) OF THIS SECTION, AND WHO MAY ACT  AS
 A  PETITIONER,  AS  SUCH  TERM IS DEFINED BY SECTION SIXTY-THREE HUNDRED
 FORTY OF THE CIVIL PRACTICE LAW AND RULES, TO FILE AN APPLICATION FOR AN
 EXTREME RISK PROTECTION ORDER IN  ACCORDANCE  WITH  SECTION  SIXTY-THREE
 HUNDRED  FORTY-ONE  OF  THE  CIVIL PRACTICE LAW AND RULES. SUCH MATERIAL
 SHALL ALSO INCLUDE THE FACTORS THAT A COURT MAY CONSIDER IN  DETERMINING
 WHETHER  GROUNDS  FOR ISSUING AN EXTREME RISK PROTECTION ORDER EXIST, AS
 PROVIDED BY SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED FORTY-TWO  OF
 THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02097-01-1

Co-Sponsors

S5434A (ACTIVE) - Details

See Assembly Version of this Bill:
A1005
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §29.15, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
A10716

S5434A (ACTIVE) - Summary

Relates to providing information about extreme risk protection orders upon conditional release or discharge of patients to the community; allows information to be provided to the patient or, upon consent of the patient, to an authorized representative who has actively participated in the patient's treatment plan, if the director of the facility and such facility's clinical staff who worked directly with the patient determine through an evaluation and assessment, that there is the presence of a mental health diagnosis or symptoms of a mental illness exhibited by the patient, which indicates the patient may be at substantial risk of physical harm to himself or herself, or has made threats of or attempts at suicide.

S5434A (ACTIVE) - Sponsor Memo

S5434A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5434--A
     Cal. No. 844
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2021
                                ___________
 
 Introduced  by Sens. HARCKHAM, GAUGHRAN, MAYER -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Mental
   Health -- reported favorably from said committee, ordered to first and
   second report, ordered to a third reading, passed by Senate and deliv-
   ered  to  the Assembly, recalled, vote reconsidered, restored to third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN ACT to amend the mental hygiene law, in relation to including certain
   information  about  extreme  risk protection orders in written service
   plans for discharge and conditional release of patients to the  commu-
   nity
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 5 of subdivision (g)  of  section  29.15  of  the
 mental  hygiene  law,  as  added  by chapter 306 of the laws of 1995, is
 amended and a new paragraph 6 is added to read as follows:
   [(5) an] 5. AN evaluation of the patient's need and  potential  eligi-
 bility  for  public benefits following discharge or conditional release,
 including public assistance, medicaid, and supplemental security income.
   6. MATERIAL PROVIDING INFORMATION RELATED TO EXTREME  RISK  PROTECTION
 ORDERS,  PURSUANT TO ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND
 RULES.  SUCH INFORMATION MAY BE PROVIDED TO THE PATIENT OR, UPON CONSENT
 OF THE PATIENT, TO AN AUTHORIZED REPRESENTATIVE WHO HAS ACTIVELY PARTIC-
 IPATED IN THE PATIENT'S TREATMENT PLAN. SUCH  INFORMATION  MAY  ONLY  BE
 PROVIDED  IF  THE  DIRECTOR OF THE FACILITY AND SUCH FACILITY'S CLINICAL
 STAFF WHO WORKED DIRECTLY WITH THE PATIENT DETERMINE THROUGH  AN  EVALU-
 ATION  AND  ASSESSMENT,  THAT  THERE  IS THE PRESENCE OF A MENTAL HEALTH
 DIAGNOSIS OR SYMPTOMS OF A MENTAL  ILLNESS  EXHIBITED  BY  THE  PATIENT,
 WHICH  INDICATES THE PATIENT MAY BE AT SUBSTANTIAL RISK OF PHYSICAL HARM
 TO HIMSELF OR HERSELF, OR HAS MADE THREATS OF OR  ATTEMPTS  AT  SUICIDE.
 SUCH DETERMINATION AND THE BASIS FOR IT SHALL BE INCLUDED IN THE WRITTEN
 CLINICAL RECORD.
   § 2. This act shall take effect immediately.

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