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 |
Senate Bill S5434A
Signed By Governor2021-2022 Legislative Session
Sponsored By
(D, WF) 40th Senate District
Archive: Last Bill Status Via A1005 - Signed by Governor
- 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
Actions
Votes
Bill Amendments
co-Sponsors
(D) Senate District
(D, WF) 37th Senate District
2021-S5434 - Details
2021-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.
2021-S5434 - Sponsor Memo
BILL NUMBER: S5434 SPONSOR: HARCKHAM TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: The bill will supply patients and their authorized representative with materials providing information related to seeking an extreme risk protection order prior to a patient's discharge or conditional release from a mental health facility. SUMMARY OF SPECIFIC PROVISIONS: Section one amends paragraph 5 of subdivision (g) of section 29.15 of the mental hygiene law to add a new paragraph 6, which would require
2021-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
(D) Senate District
(D, WF) 37th Senate District
2021-S5434A (ACTIVE) - Details
2021-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.
2021-S5434A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5434A SPONSOR: HARCKHAM TITLE OF BILL: 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 community PURPOSE OR GENERAL IDEA OF BILL: The bill will supply patients and their authorized representative with materials providing information related to seeking an extreme risk protection order prior to a patient's discharge or conditional release from a mental health facility. SUMMARY OF SPECIFIC PROVISIONS: Section one amends paragraph 5 of subdivision (g) of section 29.15 of the mental hygiene law to add a new paragraph 6, which would require mental health facilities to give material providing information related
2021-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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