S T A T E O F N E W Y O R K
________________________________________________________________________
6125--A
2023-2024 Regular Sessions
I N A S S E M B L Y
April 3, 2023
___________
Introduced by M. of A. PRETLOW, HUNTER, EPSTEIN, HYNDMAN, LEVENBERG,
SIMON -- read once and referred to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public health law, in relation to requiring victims
of firearm violence be offered and/or provided psychiatric care
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2805-aa to read as follows:
§ 2805-AA. HOSPITAL FIREARM VIOLENCE POLICIES AND PROCEDURES. 1. FOR
THE PURPOSES OF THIS SECTION, THE TERM "FIREARM VIOLENCE" SHALL MEAN ANY
BULLET WOUND, GUNSHOT WOUND, POWDER BURN, OR ANY OTHER INJURY ARISING
FROM OR CAUSED BY THE DISCHARGE OF A GUN OR FIREARM.
2. EVERY GENERAL HOSPITAL SHALL: (A) DEVELOP, MAINTAIN AND DISSEMINATE
WRITTEN POLICIES AND PROCEDURES FOR THE IDENTIFICATION, ASSESSMENT,
TREATMENT AND REFERRAL OF CONFIRMED OR SUSPECTED CASES OF FIREARM
VIOLENCE; (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING
PROGRAM FOR ALL NURSING, MEDICAL, SOCIAL WORK AND OTHER CLINICAL PERSON-
NEL, AND SECURITY PERSONNEL WORKING IN HOSPITAL SERVICE UNITS REGARDING
THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO THIS SECTION; AND
(C) DESIGNATE A STAFF MEMBER TO CONTACT PSYCHIATRIC SERVICES IDENTIFIED
BY THE COMMISSIONER UNDER SUBDIVISION FOUR OF THIS SECTION PROVIDING
VICTIM ASSISTANCE TO THE GEOGRAPHIC AREA SERVED BY SUCH HOSPITAL TO
ESTABLISH THE COORDINATION OF SERVICES TO FIREARM VIOLENCE VICTIMS.
3. UPON DISCHARGE FROM TREATMENT OF A CONFIRMED OR SUSPECTED VICTIM OF
FIREARM VIOLENCE, SUCH HOSPITAL SHALL ADVISE THE VICTIM OF THE AVAIL-
ABILITY OF PSYCHIATRIC SERVICES RELATING TO FIREARM VIOLENCE. IF SUCH
FIREARM VIOLENCE VICTIM REQUESTS PSYCHIATRIC SERVICES RELATING TO
FIREARM VIOLENCE, SUCH HOSPITAL SHALL INITIATE THE COORDINATION OF SUCH
SERVICES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10353-04-3
A. 6125--A 2
4. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY THE PROVISIONS OF THIS
SECTION. PRIOR TO PROMULGATING SUCH RULES AND REGULATIONS, THE COMMIS-
SIONER SHALL CONSULT WITH THE NEW YORK STATE FIREARM VIOLENCE RESEARCH
INSTITUTE AND OTHER SUCH ENTITIES AND PERSONS AS THE COMMISSIONER DEEMS
NECESSARY TO DEVELOP A MODEL POLICY FOR HOSPITALS TO UTILIZE IN COMPLY-
ING WITH THIS SECTION AND TO IDENTIFY ORGANIZATIONS PROVIDING PSYCHIAT-
RIC SERVICES RELATING TO FIREARM VIOLENCE OPERATING IN EACH HOSPITAL'S
GEOGRAPHIC AREA, A LIST OF WHICH THE COMMISSIONER SHALL PROVIDE TO
HOSPITALS WITH THE MODEL POLICY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.