The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9113--A
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by Sens. SKOUFIS, LIU -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the civil practice law and rules, the executive law, the
   penal law and the mental  hygiene  law,  in  relation  to  authorizing
   certain  health  care  providers to file an application for an extreme
   risk protection order against a person who was examined by such health
   care provider in certain circumstances
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 6340 of the civil practice law and
 rules, as added by chapter 19 of the laws of 2019, is amended to read as
 follows:
   2.  "Petitioner"  means:  (a)  a police officer, as defined in section
 1.20 of the criminal procedure law, or district attorney with  jurisdic-
 tion  in  the  county or city where the person against whom the order is
 sought resides; (b) a family or household member, as defined in subdivi-
 sion two of section four hundred fifty-nine-a  of  the  social  services
 law,  of  the person against whom the order is sought; [or] (c) a school
 administrator as defined in section eleven hundred  twenty-five  of  the
 education  law,  or  a school administrator's designee, of any school in
 which the person against whom the order is sought is currently  enrolled
 or  has been enrolled in the six months immediately preceding the filing
 of the petition; OR (D) A  LICENSED  PHYSICIAN,  LICENSED  PSYCHIATRIST,
 LICENSED  PSYCHOLOGIST, REGISTERED NURSE, LICENSED CLINICAL SOCIAL WORK-
 ER, CERTIFIED CLINICAL NURSE SPECIALIST, CERTIFIED  NURSE  PRACTITIONER,
 LICENSED CLINICAL MARRIAGE AND FAMILY THERAPIST, REGISTERED PROFESSIONAL
 NURSE, LICENSED MASTER SOCIAL WORKER OR LICENSED MENTAL HEALTH COUNSELOR
 WHO  HAS  TREATED THE PERSON AGAINST WHOM THE ORDER IS SOUGHT IN THE SIX
 MONTHS IMMEDIATELY PRECEDING THE FILING OF THE PETITION.   For  purposes
 of  this article, a school administrator's designee shall be employed at
 the same school as the school administrator and  shall  be  any  of  the
 following  who  has  been  designated in writing to file a petition with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15458-05-2
 S. 9113--A                          2
 
 respect to the person against whom the order is sought: a school  teach-
 er,  school guidance counselor, school psychologist, school social work-
 er, school nurse, or other school personnel required to hold a  teaching
 or  administrative license or certificate, and full or part-time compen-
 sated school employee required to hold a temporary coaching  license  or
 professional coaching certificate.
   §  2.  Section  6341  of the civil practice law and rules, as added by
 chapter 19 of the laws of 2019, is amended to read as follows:
   § 6341. Application for an extreme risk protection order.  In  accord-
 ance  with  this  article,  a  petitioner may file an application, which
 shall be sworn, and accompanying supporting documentation, setting forth
 the facts and circumstances justifying the issuance of an  extreme  risk
 protection  order.  PROVIDED, HOWEVER, THAT A PETITIONER WHO IS A POLICE
 OFFICER OR DISTRICT  ATTORNEY  SHALL  FILE  SUCH  APPLICATION  UPON  THE
 RECEIPT  OF  CREDIBLE INFORMATION THAT AN INDIVIDUAL IS LIKELY TO ENGAGE
 IN CONDUCT THAT WOULD RESULT IN SERIOUS  HARM  TO  HIMSELF,  HERSELF  OR
 OTHERS, AS DEFINED IN PARAGRAPH ONE OR TWO OF SUBDIVISION (A) OF SECTION
 9.39  OF  THE MENTAL HYGIENE LAW, UNLESS SUCH PETITIONER DETERMINES THAT
 THERE IS NO  PROBABLE  CAUSE  FOR  SUCH  FILING.  Such  application  and
 supporting  documentation  shall  be  filed  in the supreme court in the
 county in which the respondent resides. The chief administrator  of  the
 courts  shall adopt forms that may be used for purposes of such applica-
 tions and the court's consideration of such applications. Such  applica-
 tion  form  shall include inquiry as to whether the petitioner knows, or
 has reason to believe, that the respondent owns, possesses or has access
 to a firearm, rifle or shotgun and if so, a request that the  petitioner
 list  or describe such firearms, rifles and shotguns, and the respective
 locations thereof, with as much specificity as possible.
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 6348 to read as follows:
   §  6348. PROTECTIONS FOR HEALTH CARE PROVIDERS APPLYING FOR AN EXTREME
 RISK PROTECTION ORDER.  1. (A) NOTWITHSTANDING THE PRIVILEGES SET  FORTH
 IN  ARTICLE FORTY-FIVE OF THIS CHAPTER, OR ANY OTHER PROVISION OF LAW TO
 THE CONTRARY, A HEALTH CARE PROVIDER AUTHORIZED UNDER PARAGRAPH  (D)  OF
 SUBDIVISION  TWO OF SECTION SIXTY-THREE HUNDRED FORTY OF THIS ARTICLE TO
 FILE AN APPLICATION FOR AN  EXTREME  RISK  PROTECTION  ORDER  AGAINST  A
 PERSON  SUCH  HEALTH  CARE  PROVIDER HAS EXAMINED SHALL, UPON FILING ANY
 APPLICATION FOR AN EXTREME  RISK  PROTECTION  ORDER,  BE  AUTHORIZED  TO
 DISCLOSE  PROTECTED  HEALTH INFORMATION, OF THE PERSON AGAINST WHOM SUCH
 ORDER IS SOUGHT AS ARE NECESSARY FOR THE FULL INVESTIGATION AND DISPOSI-
 TION OF SUCH APPLICATION FOR AN EXTREME RISK PROTECTION ORDER UNDER THIS
 ARTICLE. WHEN DISCLOSING PROTECTED HEALTH INFORMATION, SUCH HEALTH  CARE
 PROVIDER  SHALL MAKE REASONABLE EFFORTS TO LIMIT PROTECTED HEALTH INFOR-
 MATION TO THE MINIMUM NECESSARY TO ACCOMPLISH THE FILING OF THE APPLICA-
 TION.
   (B) UPON RECEIPT OF A PETITION BY ANY HEALTH CARE PROVIDER  IDENTIFIED
 IN PARAGRAPH (A) OF THIS SUBDIVISION AND FOR GOOD CAUSE SHOWN, THE COURT
 MAY  ISSUE ORDERS AS MAY BE NECESSARY TO OBTAIN ANY RECORDS OR DOCUMENTS
 RELATING TO DIAGNOSIS, PROGNOSIS OR TREATMENT, AND CLINICAL RECORDS,  OF
 THE  PATIENT  AGAINST  WHOM THE ORDER IS SOUGHT AS ARE NECESSARY FOR THE
 FULL INVESTIGATION AND DISPOSITION OF AN APPLICATION FOR AN EXTREME RISK
 PROTECTION ORDER UNDER THIS ARTICLE.  ALL SUCH RECORDS AND OTHER  HEALTH
 INFORMATION PROVIDED SHALL BE SEALED BY THE COURT.
   2.  THE  DECISION OF ANY HEALTH CARE PROVIDER DESCRIBED IN SUBDIVISION
 ONE OF THIS SECTION TO DISCLOSE OR NOT TO DISCLOSE RECORDS OR  DOCUMENTS
 RELATING  TO THE DIAGNOSIS, PROGNOSIS OR TREATMENT, AND CLINICAL RECORDS
 S. 9113--A                          3
 
 OF A PATIENT UNDER PARAGRAPHS (A) AND (B) OF  SUBDIVISION  ONE  OF  THIS
 SECTION,   WHEN MADE  REASONABLY  AND  IN GOOD  FAITH,  SHALL NOT BE THE
 BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY WITH RESPECT  TO  SUCH  HEALTH
 CARE PROVIDER.
   § 4 The executive law is amended by adding a new section 214-h to read
 as follows:
   §  214-H.    EXTREME RISK PROTECTION ORDERS.  THE SUPERINTENDENT SHALL
 FOR ALL MEMBERS OF THE DIVISION  OF  STATE  POLICE,  INCLUDING  NEW  AND
 VETERAN OFFICERS, DEVELOP, MAINTAIN AND DISSEMINATE WRITTEN POLICIES AND
 PROCEDURES  AND  EDUCATIONAL MATERIALS REGARDING THE AVAILABILITY OF AND
 PROCEDURE FOR  FILING  EXTREME  RISK  PROTECTION  ORDERS  UNDER  ARTICLE
 SIXTY-THREE-A  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES,  INCLUDING THE
 REQUIREMENTS FOR POLICE OFFICERS UNDER SECTION SIX THOUSAND FORTY-ONE OF
 SUCH LAW.
   § 5. Paragraphs (g) and (h) of subdivision 3 of  section  840  of  the
 executive  law,  paragraph  (g) as amended and paragraph (h) as added by
 section 5 of part Q of chapter 56 of the laws of 2009, are amended and a
 new paragraph (i) is added  to read as follows:
   (g) Develop, maintain and disseminate, in consultation with the  state
 division of human rights and the state civil service department, written
 policies  and  procedures  to  enhance  police  and correctional officer
 recruitment efforts and to  increase  police  and  correctional  officer
 awareness of racial, ethnic, religious and gender differences, and other
 diversity  issues,  in  communities served by such police and in correc-
 tional facilities; [and]
   (h) Consult with the state commission of correction regarding  correc-
 tional training programs[.]; AND
   (I)  DEVELOP, MAINTAIN AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES
 AND  EDUCATIONAL  MATERIALS  REGARDING THE AVAILABILITY OF AND PROCEDURE
 FOR FILING EXTREME RISK PROTECTION ORDERS UNDER ARTICLE SIXTY-THREE-A OF
 THE CIVIL PRACTICE LAW AND RULES, INCLUDING THE REQUIREMENTS FOR  POLICE
 OFFICERS UNDER SECTION SIX THOUSAND FORTY-ONE OF SUCH ARTICLE, APPROPRI-
 ATELY  INSTRUCT ANY AGENCY THAT EMPLOYS POLICE OR PEACE OFFICERS REGARD-
 ING ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW AND RULES.
   § 6. Paragraph (j) of subdivision 1 of section  400.00  of  the  penal
 law,  as amended by chapter 1 of the laws of 2013, is amended to read as
 follows:
   (j) who has not been involuntarily committed to a facility  under  the
 jurisdiction  of  an office of the department of mental hygiene pursuant
 to article nine or fifteen of the  mental  hygiene  law,  article  seven
 hundred  thirty or section 330.20 of the criminal procedure law, section
 four hundred two or five hundred eight of the  correction  law,  section
 322.2  or  353.4  of  the  family  court  act, [or] has not been civilly
 confined in a secure treatment facility pursuant to article ten  of  the
 mental  hygiene law, OR HAS NOT BEEN THE SUBJECT OF A REPORT MADE PURSU-
 ANT TO SECTION 9.46 OF THE MENTAL HYGIENE LAW;
   § 7. Subdivision (a) of section 9.46 of the  mental  hygiene  law,  as
 added by chapter 1 of the laws of 2013, is amended to read as follows:
   (a)  For  purposes  of  this  section, the term "mental health profes-
 sional" shall include a physician,  PSYCHIATRIST,  psychologist,  regis-
 tered  nurse  [or],  licensed  clinical  social  worker, LICENSED MASTER
 SOCIAL   WORKER, LICENSED   MENTAL   HEALTH  COUNSELOR,  CLINICAL  NURSE
 SPECIALIST, CERTIFIED NURSE PRACTITIONER, LICENSED CLINICAL MARRIAGE AND
 FAMILY THERAPIST, OR A LICENSED PROFESSIONAL NURSE.
   §  8.  This  act shall take effect on the thirtieth day after it shall
 have become a law.