S T A T E O F N E W Y O R K
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3431
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to reports of
substantial risk or threat of harm by mental health professionals; and
repealing certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 9.46 of the mental hygiene law is REPEALED and a
new section 9.46 is added to read as follows:
§ 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM BY MENTAL HEALTH
PROFESSIONALS.
(A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PROFES-
SIONAL" SHALL INCLUDE A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-ONE OF THE EDUCATION LAW; A PSYCHOLOGIST LICENSED PURSU-
ANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW; A NURSE
PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
EDUCATION LAW; OR A LICENSED CLINICAL SOCIAL WORKER LICENSED PURSUANT TO
ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
(B) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A MENTAL
HEALTH PROFESSIONAL, CURRENTLY PROVIDING MENTAL HEALTH TREATMENT
SERVICES TO A PERSON, DETERMINES THAT SUCH PERSON PRESENTS A SERIOUS AND
IMMINENT DANGER TO SELF OR OTHERS, HE OR SHE IS AUTHORIZED TO DISCLOSE
SUCH DETERMINATION AS FOLLOWS: (I) TO AN ENDANGERED INDIVIDUAL OR INDI-
VIDUALS, IF IDENTIFIABLE; (II) TO A LAW ENFORCEMENT AGENCY AND (III) AS
SOON AS PRACTICAL, TO THE DIRECTOR OF COMMUNITY SERVICE OR THE DIREC-
TOR'S DESIGNEE, IN SUCH MANNER AND FORM AS DIRECTED BY THE COMMISSIONER.
THE REASONS FOR SUCH DISCLOSURE SHALL BE FULLY DOCUMENTED IN THE TREAT-
MENT RECORD OF SUCH PERSON. THE DIRECTOR OF COMMUNITY SERVICE OR THE
DIRECTOR'S DESIGNEE SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES WHENEVER HE OR SHE AGREES THAT THE PERSON PRESENTS A SERIOUS
AND IMMINENT DANGER TO SELF OR OTHERS. INFORMATION TRANSMITTED TO THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08195-01-3
A. 3431 2
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE LIMITED TO THE NAME AND
OTHER NON-CLINICAL IDENTIFYING INFORMATION REGARDING THE PERSON WHO IS
THE SUBJECT OF THE DISCLOSURE, WHICH MAY BE USED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES ONLY FOR DETERMINING WHETHER A LICENSE ISSUED
PURSUANT TO SECTION 400.00 OF THE PENAL LAW SHOULD BE SUSPENDED OR
REVOKED, OR FOR DETERMINING WHETHER A PERSON IS INELIGIBLE FOR A LICENSE
ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW, OR IS NO LONGER
PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM. FOR PURPOSES
OF THIS SECTION, THE TERM "LAW ENFORCEMENT AGENCY" SHALL INCLUDE THE NEW
YORK STATE POLICE AND THE POLICE DEPARTMENTS OF A COUNTY, TOWN, CITY OR
VILLAGE IN THE STATE.
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE PROFESSIONAL JUDG-
MENT OF THE MENTAL HEALTH PROFESSIONAL, WOULD ENDANGER SUCH MENTAL
HEALTH PROFESSIONAL OR INCREASE THE DANGER TO A POTENTIAL ENDANGERED
PERSON OR PERSONS.
(D) ABSENT MALICE OR INTENTIONAL MISCONDUCT, THE DECISION OF A MENTAL
HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO DISCLOSE IN ACCORDANCE WITH
THIS SECTION SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
OF SUCH MENTAL HEALTH PROFESSIONAL.
§ 2. This act shall take effect immediately.