S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7083
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the mental hygiene law, the public health  law  and  the
   executive  law,  in  relation  to  establishing a training program for
   first responders for handling  emergency  situations  involving  indi-
   viduals in emotional distress or experiencing an emotional  or  mental
   health  crisis; and to amend the executive law, in relation to requir-
   ing  documents utilized by state  agencies,  public authorities    and
   municipalities    to  replace  the term "emotionally disturbed person"
   with the term "person in crisis"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The mental hygiene law is amended by adding a new section
 7.50 to read as follows:
 § 7.50 FIRST RESPONDER TRAINING.
   (A) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
 THE OFFICE OF FIRE PREVENTION AND CONTROL, THE MUNICIPAL POLICE TRAINING
 COUNCIL,  AND THE SUPERINTENDENT OF STATE POLICE, SHALL DEVELOP A TRAIN-
 ING PROGRAM AND ASSOCIATED TRAINING MATERIALS,  TO  PROVIDE  INSTRUCTION
 AND  INFORMATION  TO FIREFIGHTERS, POLICE OFFICERS AND EMERGENCY MEDICAL
 SERVICES PERSONNEL ON APPROPRIATE RECOGNITION  AND  RESPONSE  TECHNIQUES
 FOR  HANDLING  EMERGENCY  SITUATIONS  INVOLVING INDIVIDUALS IN EMOTIONAL
 DISTRESS OR EXPERIENCING AN EMOTIONAL  OR  MENTAL  HEALTH  CRISIS.  SUCH
 TRAINING  PROGRAM AND MATERIALS SHALL INCLUDE TRAINING IN SENSITIVITY TO
 DESCRIPTIVE TERMS USED WITH REFERENCE TO THE  PERSON  IN  CRISIS;  SHALL
 REQUIRE  A  PERSON EXPERIENCING IN EMOTIONAL DISTRESS OR EXPERIENCING AN
 EMOTIONAL OR MENTAL HEALTH CRISIS TO BE REFERRED TO BEING A  "PERSON  IN
 CRISIS";  AND  SHALL PROHIBIT THE USE OF THE TERM "EMOTIONALLY DISTURBED
 PERSON". THE TRAINING PROGRAM AND ASSOCIATED  TRAINING  MATERIALS  SHALL
 INCLUDE  ANY  OTHER  INFORMATION DEEMED NECESSARY AND APPROPRIATE BY THE
 COMMISSIONER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06576-01-3
              

 A. 7083                             2
 
   (B) SUCH TRAINING SHALL ADDRESS APPROPRIATE  RESPONSE  TECHNIQUES  FOR
 DEALING  WITH BOTH ADULTS AND MINORS IN EMOTIONAL DISTRESS OR EXPERIENC-
 ING AN EMOTIONAL OR MENTAL HEALTH CRISIS.
   (C) SUCH TRAINING PROGRAM MAY BE DEVELOPED AS AN ONLINE PROGRAM.
   §  2. The public health law is amended by adding a new section 3055 to
 read as follows:
   §  3055.  EMERGENCY  SITUATIONS  INVOLVING  INDIVIDUALS  IN  EMOTIONAL
 DISTRESS  OR EXPERIENCING AN EMOTIONAL OR MENTAL HEALTH CRISIS. IN COOR-
 DINATION WITH THE COMMISSIONER OF THE OFFICE  OF  MENTAL  HEALTH,    THE
 COMMISSIONER    SHALL  PROVIDE THE TRAINING PROGRAM RELATING TO HANDLING
 EMERGENCY SITUATIONS INVOLVING  INDIVIDUALS  IN  EMOTIONAL  DISTRESS  OR
 EXPERIENCING  AN  EMOTIONAL  OR  MENTAL  HEALTH  CRISIS AND   ASSOCIATED
 TRAINING MATERIALS  PURSUANT  TO SECTION  7.50 OF THE MENTAL HYGIENE LAW
 TO ALL EMERGENCY MEDICAL SERVICES  PERSONNEL    INCLUDING,    BUT    NOT
 LIMITED    TO,    FIRST RESPONDERS,   EMERGENCY   MEDICAL   TECHNICIANS,
 ADVANCED EMERGENCY MEDICAL TECHNICIANS AND EMERGENCY VEHICLE OPERATORS.
   § 3. Section 156 of the executive law is  amended  by  adding  a   new
 subdivision 23 to read as follows:
   23.  IN  COORDINATION  WITH  THE  COMMISSIONER OF THE OFFICE OF MENTAL
 HEALTH, PROVIDE THE TRAINING  PROGRAM  RELATING  TO  HANDLING  EMERGENCY
 SITUATIONS  INVOLVING  INDIVIDUALS IN EMOTIONAL DISTRESS OR EXPERIENCING
 AN EMOTIONAL OR MENTAL HEALTH CRISIS AND ASSOCIATED  TRAINING  MATERIALS
 PURSUANT  TO SECTION 7.50 OF THE MENTAL HYGIENE LAW TO ALL FIREFIGHTERS,
 BOTH PAID AND VOLUNTEER.  THE OFFICE SHALL ADOPT ALL NECESSARY RULES AND
 REGULATIONS RELATING TO SUCH TRAINING, INCLUDING THE  PROCESS  BY  WHICH
 TRAINING  HOURS ARE ALLOCATED TO COUNTIES AS WELL AS A UNIFORM PROCEDURE
 FOR REQUESTING AND PROVIDING ADDITIONAL TRAINING HOURS.
   § 4. Section 840 of the executive law  is  amended  by  adding  a  new
 subdivision 8 to read as follows:
   8. THE COUNCIL SHALL, IN ADDITION:
   (A)  DEVELOP,  MAINTAIN  AND  DISSEMINATE,  IN   CONSULTATION WITH THE
 COMMISSIONER OF THE OFFICE OF MENTAL HEALTH, WRITTEN POLICIES AND PROCE-
 DURES CONSISTENT WITH SECTION 7.50 OF THE MENTAL HYGIENE LAW,  REGARDING
 THE  HANDLING OF EMERGENCY SITUATIONS INVOLVING INDIVIDUALS IN EMOTIONAL
 DISTRESS OR EXPERIENCING AN EMOTIONAL  OR  MENTAL  HEALTH  CRISIS.  SUCH
 POLICIES  AND  PROCEDURES  SHALL  MAKE  PROVISIONS FOR THE EDUCATION AND
 TRAINING OF NEW AND VETERAN POLICE OFFICERS ON THE HANDLING OF EMERGENCY
 SITUATIONS INVOLVING INDIVIDUALS IN EMOTIONAL DISTRESS  OR  EXPERIENCING
 AN EMOTIONAL OR MENTAL HEALTH CRISIS; AND
   (B) RECOMMEND TO THE GOVERNOR, RULES AND REGULATIONS WITH  RESPECT  TO
 THE  ESTABLISHMENT  AND IMPLEMENTATION ON AN ONGOING BASIS OF A TRAINING
 PROGRAM FOR ALL CURRENT AND NEW POLICE OFFICERS REGARDING  THE  POLICIES
 AND  PROCEDURES  ESTABLISHED  PURSUANT  TO  THIS SUBDIVISION, ALONG WITH
 RECOMMENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   §  5.  The  executive  law is amended by adding a new section 214-i to
 read as follows:
   § 214-I. EMERGENCY SITUATIONS INVOLVING PEOPLE IN  EMOTIONAL  DISTRESS
 OR EXPERIENCING AN EMOTIONAL OR MENTAL HEALTH CRISIS. THE SUPERINTENDENT
 SHALL, FOR ALL MEMBERS OF THE STATE POLICE:
   1. DEVELOP, MAINTAIN AND DISSEMINATE, IN CONSULTATION WITH THE COMMIS-
 SIONER OF MENTAL HEALTH, WRITTEN POLICIES AND PROCEDURES CONSISTENT WITH
 SECTION  7.50 OF THE MENTAL HYGIENE LAW, REGARDING THE HANDLING OF EMER-
 GENCY SITUATIONS INVOLVING INDIVIDUALS IN EMOTIONAL DISTRESS OR  EXPERI-
 ENCING  AN  EMOTIONAL  OR MENTAL HEALTH CRISIS. SUCH POLICIES AND PROCE-
 DURES SHALL MAKE PROVISIONS FOR THE EDUCATION AND TRAINING  OF  NEW  AND
 VETERAN  POLICE OFFICERS ON THE HANDLING OF EMERGENCY SITUATIONS INVOLV-
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 ING INDIVIDUALS IN EMOTIONAL DISTRESS OR EXPERIENCING  AN  EMOTIONAL  OR
 MENTAL HEALTH CRISIS; AND
   2.  RECOMMEND  TO  THE GOVERNOR, RULES AND REGULATIONS WITH RESPECT TO
 ESTABLISHMENT AND IMPLEMENTATION ON  AN  ONGOING  BASIS  OF  A  TRAINING
 PROGRAM  FOR  ALL CURRENT AND NEW POLICE OFFICERS REGARDING THE POLICIES
 AND PROCEDURES ESTABLISHED PURSUANT TO THIS SECTION, ALONG  WITH  RECOM-
 MENDATIONS FOR PERIODIC RETRAINING OF POLICE OFFICERS.
   §  6.  The  executive  law is amended by adding a new section 170-g to
 read as follows:
   § 170-G. MENTAL HEALTH REFERENCES CONTAINED  IN  STATE  AND  MUNICIPAL
 FORMS.  NO  FORM  OR  PREPRINTED  DOCUMENT UTILIZED BY A STATE AGENCY OR
 PUBLIC AUTHORITY OR BY A MUNICIPALITY SHALL USE  THE  TERM  "EMOTIONALLY
 DISTURBED  PERSON"  TO IDENTIFY OR DENOTE A PERSON IN EMOTIONAL DISTRESS
 OR EXPERIENCING AN EMOTIONAL  OR  MENTAL  HEALTH  CRISIS.  ANY  FORM  OR
 PREPRINTED  DOCUMENT  UTILIZING SUCH TERM SHALL BE AMENDED NO LATER THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-FOUR TO REPLACE THE TERM "EMOTIONALLY
 DISTURBED PERSON" WITH THE TERM "PERSON IN CRISIS" OR TO OTHERWISE REFER
 TO SUCH PERSONS AS EXPERIENCING  DISTRESS  OR  AN  EMOTIONAL  OR  MENTAL
 HEALTH CRISIS.
   §  7.    This  act  shall take effect on the one hundred eightieth 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.