senate Bill S5945

Signed By Governor
2021-2022 Legislative Session

Relates to incident notifications and reports

download bill text pdf

Sponsored By

Current Bill Status - 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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 20, 2021 signed chap.407
Aug 09, 2021 delivered to governor
Jun 07, 2021 returned to senate
passed assembly
ordered to third reading rules cal.463
substituted for a7163
Jun 03, 2021 referred to codes
delivered to assembly
passed senate
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
amended (t) 5945a
May 19, 2021 1st report cal.1175
Mar 23, 2021 referred to mental health

S5945 - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.23, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
S6682

S5945 - Summary

Provides that within ten days of an incident, the director shall provide to the qualified person a copy of the written incident report, offer to hold a meeting with such qualified person to discuss the incident, and provide such qualified person with a written report on the actions taken to address the incident; provides for the director to provide such reports electronically.

S5945 - Sponsor Memo

S5945 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5945
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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 incident  notifi-
   cations and reports
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 33.23 of the mental hygiene law,
 as added by chapter 24 of the laws  of  2007,  is  amended  to  read  as
 follows:
   (a)  The  director  of  a  facility,  as defined in subdivision six of
 section 1.03 of this chapter, shall provide telephone notice of an inci-
 dent involving a patient receiving care and treatment at  such  facility
 to a qualified person, as defined in paragraph six of subdivision (a) of
 section  33.16  of  this  article.  Such notice shall be provided within
 twenty-four hours of the  initial  report  of  such  incident.  For  the
 purposes  of  this  section, "incident" shall mean an accident or injury
 that affects the health or safety of a patient. [Upon the request  of  a
 qualified  person]  WITHIN  TEN DAYS OF THE INCIDENT, the director shall
 [promptly] provide to [him or her] THE QUALIFIED PERSON a  copy  of  the
 written  incident report, provided that [the names and other] personally
 identifying information of patients and employees shall not be  included
 unless  such  patients and employees authorize disclosure[. The director
 of the facility shall also], offer to hold a meeting with such qualified
 person to further discuss the incident[. In addition, within  ten  days,
 the  director  of the facility shall], AND provide such qualified person
 with a written report on the actions taken to address the incident.  THE
 DIRECTOR  MAY OFFER TO PROVIDE ALL REPORTS TO THE QUALIFIED PERSON ELEC-
 TRONICALLY.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08345-01-1

S5945A (ACTIVE) - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.23, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
S6682

S5945A (ACTIVE) - Summary

Provides that within ten days of an incident, the director shall provide to the qualified person a copy of the written incident report, offer to hold a meeting with such qualified person to discuss the incident, and provide such qualified person with a written report on the actions taken to address the incident; provides for the director to provide such reports electronically.

S5945A (ACTIVE) - Sponsor Memo

S5945A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5945--A
     Cal. No. 1175
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- 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 report,
   amended on first report,  ordered  to  a  second  report  and  ordered
   reprinted, retaining its place in the order of second report
 
 AN  ACT  to amend the mental hygiene law, in relation to providing inci-
   dent reports to qualified persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 33.23 of the mental hygiene law,
 as  added  by  chapter  24  of  the  laws of 2007, is amended to read as
 follows:
   (a) The director of a facility,  as  defined  in  subdivision  six  of
 section 1.03 of this chapter, shall provide telephone notice of an inci-
 dent  involving  a patient receiving care and treatment at such facility
 to a qualified person, as defined in paragraph six of subdivision (a) of
 section 33.16 of this article. Such  notice  shall  be  provided  within
 twenty-four  hours  of  the  initial  report  of  such incident. For the
 purposes of this section, "incident" shall mean an  accident  or  injury
 that  affects  the  health or safety of a patient. Upon the request of a
 qualified person, the director shall [promptly] WITHIN TEN DAYS OF  SUCH
 REQUEST,  provide  to  [him  or  her] THE QUALIFIED PERSON a copy of the
 written incident report, provided that the names  and  other  personally
 identifying  information of patients and employees shall not be included
 unless such patients and employees authorize disclosure[.  The  director
 of the facility shall also], offer to hold a meeting with such qualified
 person  to  further discuss the incident[. In addition, within ten days,
 the director of the facility shall], AND provide such  qualified  person
 with  a written report on the actions taken to address the incident. THE
 DIRECTOR MAY OFFER TO PROVIDE ALL REPORTS TO THE QUALIFIED PERSON  ELEC-
 TRONICALLY.
   § 2. This act shall take effect immediately.
 

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