S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5894--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2023
                                ___________
 
 Introduced by Sens. BAILEY, CHU, COMRIE, HOYLMAN-SIGAL -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Health -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted 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.
                                                            LBD10353-03-3
              

 S. 5894--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.