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-
A. 7083 3
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.