S T A T E O F N E W Y O R K
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10490--A
I N A S S E M B L Y
March 6, 2026
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Introduced by M. of A. SLATER -- read once and referred to the Committee
on Mental Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to establishing
Nicole's law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as "Nicole's law".
§ 2. The mental hygiene law is amended by adding a new section 9.61 to
read as follows:
§ 9.61 PATIENTS WITH SELF-INFLICTED, LIFE-THREATENING INJURIES.
1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "SELF-INFLICTED, LIFE-THREATENING INJURIES" SHALL INCLUDE SUICIDE
ATTEMPTS, DRUG OVERDOSES, AND OTHER SELF-HARM INJURIES INCLUDING BUT NOT
LIMITED TO CUTTING ONESELF.
(B) "ASSISTED OUTPATIENT SERVICES" SHALL MEAN CATEGORIES OF OUTPATIENT
SERVICES INCLUDING, BUT NOT LIMITED TO, CASE MANAGEMENT SERVICES OR
ASSERTIVE COMMUNITY TREATMENT TEAM SERVICES TO PROVIDE CARE COORDI-
NATION, AND MAY ALSO INCLUDE ANY OF THE FOLLOWING CATEGORIES OF
SERVICES: MEDICATION; PERIODIC BLOOD TESTS OR URINALYSIS TO DETERMINE
COMPLIANCE WITH PRESCRIBED MEDICATIONS; INDIVIDUAL OR GROUP THERAPY; DAY
OR PARTIAL DAY PROGRAMMING ACTIVITIES; EDUCATIONAL AND VOCATIONAL TRAIN-
ING OR ACTIVITIES; ALCOHOL OR SUBSTANCE ABUSE TREATMENT AND COUNSELING
AND PERIODIC TESTS FOR THE PRESENCE OF ALCOHOL OR ILLEGAL DRUGS FOR
PERSONS WITH A HISTORY OF ALCOHOL OR SUBSTANCE ABUSE; SUPERVISION OF
LIVING ARRANGEMENTS; AND ANY OTHER SERVICES WITHIN A LOCAL SERVICES PLAN
DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER, PRESCRIBED TO
TREAT THE PERSON'S MENTAL ILLNESS AND TO ASSIST THE PERSON IN LIVING AND
FUNCTIONING IN THE COMMUNITY, OR TO ATTEMPT TO PREVENT A RELAPSE OR
DETERIORATION THAT MAY REASONABLY BE PREDICTED TO RESULT IN SUICIDE OR
THE NEED FOR HOSPITALIZATION.
(C) "ASSISTED OUTPATIENT SERVICES PROVIDER" SHALL MEAN ANY ORGANIZA-
TION WHICH PROVIDES ASSISTED OUTPATIENT SERVICES.
2. ALL HOSPITALS OPERATING IN THIS STATE SHALL, WITH REGARD TO INTAKE
PRACTICES, ENSURE THE FOLLOWING WHEN ADMITTING PATIENTS WITH SELF-IN-
FLICTED, LIFE-THREATENING INJURIES:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09896-04-6
A. 10490--A 2
(A) EXAMINE EACH SUCH PATIENT'S MEDICAL HISTORY TO DETERMINE WHETHER
SUCH PATIENT HAS HAD ANY PREVIOUS INCIDENTS OF SELF-INFLICTED, LIFE-
THREATENING INJURIES; AND
(B) REACH OUT TO ANY KNOWN FAMILY OR CARETAKER OF SUCH PATIENT FOR
INFORMATION ABOUT ANY PREVIOUS INSTANCES OF SELF-INFLICTED, LIFE-THREAT-
ENING INJURIES.
3. WHERE A PATIENT ADMITTED WITH SELF-INFLICTED, LIFE-THREATENING
INJURIES IS IDENTIFIED AS HAVING PREVIOUS INSTANCES OF SELF-INFLICTED,
LIFE-THREATENING INJURIES, THE HOSPITAL SHALL:
(A) OBTAIN SUCH PATIENT'S PREVIOUS HOSPITAL RECORDS TO VERIFY SUCH
PREVIOUS INSTANCES OF SELF-INFLICTED, LIFE-THREATENING INJURIES;
(B) EXAMINE SUCH PATIENT'S PREVIOUS HOSPITAL RECORDS TO DETERMINE
WHICH TREATMENTS WERE PREVIOUSLY USED IN ORDER TO AVOID REPEATING PRAC-
TICES WHICH FAILED SUCH PATIENT AND LED TO REPEATED EPISODES OF SELF-IN-
FLICTED, LIFE-THREATENING INJURIES;
(C) INCREASE THE MINIMUM INPATIENT STAY BY AN AMOUNT WHICH SHALL BE
DIRECTED BY THE COMMISSIONER OF HEALTH BY RULE AND/OR REGULATION FOR
EACH PREVIOUS INSTANCE OF SELF-INFLICTED, LIFE-THREATENING INJURIES; AND
(D) MAKE REASONABLE ATTEMPTS TO CONTACT SUCH PATIENT'S FAMILY OR CARE-
TAKER IN ORDER TO RECEIVE INSIGHTS ON SUCH PATIENT'S MENTAL HEALTH
HISTORY, AND ANY OTHER INFORMATION WHICH MAY BE USEFUL IN SUCH PATIENT'S
TREATMENT.
4. WHERE A PATIENT IS BEING DISCHARGED AFTER HAVING BEEN ADMITTED WITH
SELF-INFLICTED, LIFE-THREATENING INJURIES, THE HOSPITAL SHALL:
(A) PROVIDE SUCH PATIENT'S FAMILY OR CARETAKER WITH NOTICE OF SUCH
PATIENT'S DISCHARGE AT LEAST FORTY-EIGHT HOURS PRIOR TO SUCH DISCHARGE;
(B) ENSURE THAT HOSPITAL STAFF CONDUCT A MEETING WITH SUCH PATIENT,
WHICH MAY INCLUDE SUCH PATIENT'S FAMILY OR CARETAKER, TO INFORM SUCH
PATIENT ON WHAT IS NEEDED TO RECOVER AND HOW TO BEST MANAGE THEIR MENTAL
HEALTH;
(C) INFORM SUCH PATIENT OF ANY ASSISTED OUTPATIENT SERVICES PROVIDERS
THAT COULD BE HELPFUL IN SUCH PATIENT'S RECOVERY; AND
(D) CONDUCT A FOLLOW-UP POST-DISCHARGE WITHIN A TIME FRAME WHICH SHALL
BE ESTABLISHED BY THE COMMISSIONER.
5. WHERE A PATIENT IS REFERRED TO AN ASSISTED OUTPATIENT SERVICES
PROVIDER BY A HOSPITAL PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF
THIS SECTION, SUCH ASSISTED OUTPATIENT SERVICES PROVIDER SHALL ENSURE
THAT SUCH PATIENT RECEIVES PRIORITY ACCESS TO ITS ASSISTED OUTPATIENT
SERVICES.
6. THE OPERATOR OF ANY CLINICAL TRIAL, AS DEFINED IN SECTION FORTY-
NINE HUNDRED OF THE PUBLIC HEALTH LAW, WHICH DISMISSES AN INDIVIDUAL
FROM CONSIDERATION OF PARTICIPATION BECAUSE SUCH INDIVIDUAL INDICATES
THAT THEY HAVE MADE A SUICIDE ATTEMPT OR HAVE BEEN SUICIDAL, SHALL
PROVIDE SUCH INDIVIDUAL WITH THE SUICIDE CRISIS LINE, 988, AND WHENEVER
POSSIBLE THE CONTACT INFORMATION OF A LOCAL ASSISTED OUTPATIENT SERVICES
PROVIDER. SUCH CLINICAL TRIAL OPERATOR SHALL ALSO PROVIDE A POSITIVE
MESSAGE TO SUCH INDIVIDUAL SUCH AS, "IF YOU NEED HELP, I ENCOURAGE YOU
TO SEEK THAT HELP, MOST IMPORTANTLY IT WILL HELP YOU FEEL BETTER AND
HOPEFULLY YOU WILL BE ABLE TO PARTICIPATE IN THE FUTURE."
§ 3. This act shall take effect one year 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.