Senate Bill S5350

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5350--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed  to  be committed to the Committee on Education -- recommitted
   to the Committee on Education in accordance with Senate Rule 6, sec. 8
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT  to  amend  the  education  law  and  the mental hygiene law, in
   relation  to  requiring  training  for  teachers,  administrators  and
   instructors in the area of mental health response training
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3004 of the education law is amended by adding  two
 new subdivisions 7 and 8 to read as follows:
   7. NO LATER THAN TWELVE MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDI-
 VISION,  THE  COMMISSIONER,  IN  CONJUNCTION  WITH  THE OFFICE OF MENTAL
 HEALTH, SHALL REQUIRE THE  TRAINING  OF  TEACHERS,  ADMINISTRATORS,  AND
 INSTRUCTORS  IN THE AREA OF MENTAL HEALTH RESPONSE TRAINING. SUCH MENTAL
 HEALTH RESPONSE TRAINING SHALL INCLUDE INSTRUCTION IN:
   A. THE RECOGNITION OF THE SIGNS AND SYMPTOMS OF PRESENT OR  DEVELOPING
 MENTAL HEALTH CRISES OR ILLNESSES;
   B.  THE  AWARENESS OF AND APPROPRIATE RESPONSE TO MENTAL HEALTH CRISES
 INCLUDING BUT NOT LIMITED TO ATTEMPTED SUICIDE OR SUICIDAL IDEATION, THE
 THREAT OR PRACTICE OF SELF-HARM OR HARM TO OTHERS, SUBSTANCE USE  DISOR-
 DERS,  DEPRESSION,  ANXIETY  AND  PANIC ATTACKS, AND OTHER MENTAL HEALTH
 CRISES OR ILLNESSES, IN KEEPING WITH STANDARDS PROMULGATED BY THE AMERI-
 CAN ACADEMY OF MENTAL HEALTH AND AS DETERMINED BY THE COMMISSIONER;
   C. IDENTIFYING AND SHARING INFORMATION, AS DETERMINED BY  THE  COMMIS-
 SIONER  BUT  WHICH  SHALL  INCLUDE  BUT  NOT BE LIMITED TO, ABOUT MENTAL
 HEALTH PROFESSIONALS, SERVICES AND RESOURCES, THE ROLE OF  FAMILIAL  AND
 SOCIAL  SUPPORTS FOR THE PREVENTION, TREATMENT, AND RECOVERY FROM MENTAL
 ILLNESS, AND THE IMPORTANCE OF DIET, NUTRITION,  EXERCISE,  AND  REGULAR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09669-07-4
 S. 5350--A                          2
              

 
 SOCIALIZATION  IN  THE  MANAGEMENT  OF  STRESS,  ANXIETY, DEPRESSION AND
 ADDICTION OR OTHER SUCH MENTAL HEALTH CRISES AND ILLNESSES.
   8.  MENTAL  HEALTH RESPONSE TRAINING SHALL NOT INCLUDE TRAINING IN THE
 DIAGNOSIS, TREATMENT, OR COUNSELING OF STUDENTS, PEERS,  OR  MEMBERS  OF
 THE  COMMUNITY.    NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO ALLOW A
 PERSON TO PROVIDE ANY SERVICE FOR WHICH A LICENSE, REGISTRATION, CERTIF-
 ICATION OR OTHER AUTHORIZATION UNDER TITLE EIGHT OF THE EDUCATION LAW IS
 REQUIRED AND WHICH THE PERSON DOES NOT POSSESS.    THE  COMMISSIONER  IS
 AUTHORIZED  TO  PROMULGATE  RULES AND REGULATIONS NECESSARY TO ESTABLISH
 SUCH TRAINING PURSUANT TO THIS SECTION.
   § 2. Section 7.07 of the mental hygiene law is amended by adding a new
 subdivision (i) to read as follows:
   (I) THE OFFICE OF MENTAL HEALTH SHALL ADVISE AND  ASSIST  THE  COMMIS-
 SIONER  OF  EDUCATION  IN DEVELOPING A TRAINING CURRICULUM FOR TEACHERS,
 ADMINISTRATORS, AND INSTRUCTORS IN THE AREA OF  MENTAL  HEALTH  RESPONSE
 TRAINING  AS  DESCRIBED  IN SECTION THREE THOUSAND FOUR OF THE EDUCATION
 LAW.
   § 3. This act shall take effect immediately.