Assembly Bill A5636

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5636
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2025
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Mental Health
 
 AN ACT to amend the mental  hygiene  law,  in  relation  to  reports  of
   substantial risk or threat of harm by mental health professionals; and
   repealing certain provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 9.46 of the mental hygiene law is  REPEALED  and  a
 new section 9.46 is added to read as follows:
 § 9.46 REPORTS  OF  SUBSTANTIAL  RISK OR THREAT OF HARM BY MENTAL HEALTH
          PROFESSIONALS.
   (A) FOR PURPOSES OF THIS SECTION,  THE  TERM  "MENTAL  HEALTH  PROFES-
 SIONAL"  SHALL  INCLUDE  A  PHYSICIAN  LICENSED  PURSUANT TO ARTICLE ONE
 HUNDRED THIRTY-ONE OF THE EDUCATION LAW; A PSYCHOLOGIST LICENSED  PURSU-
 ANT  TO  ARTICLE  ONE  HUNDRED FIFTY-THREE OF THE EDUCATION LAW; A NURSE
 PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
 EDUCATION LAW; OR A LICENSED CLINICAL SOCIAL WORKER LICENSED PURSUANT TO
 ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
   (B) NOTWITHSTANDING ANY OTHER LAW  TO  THE  CONTRARY,  WHEN  A  MENTAL
 HEALTH   PROFESSIONAL,   CURRENTLY  PROVIDING  MENTAL  HEALTH  TREATMENT
 SERVICES TO A PERSON, DETERMINES THAT SUCH PERSON PRESENTS A SERIOUS AND
 IMMINENT DANGER TO SELF OR OTHERS, SUCH MENTAL  HEALTH  PROFESSIONAL  IS
 AUTHORIZED  TO  DISCLOSE SUCH DETERMINATION AS FOLLOWS: (I) TO AN ENDAN-
 GERED INDIVIDUAL OR INDIVIDUALS, IF IDENTIFIABLE; (II) TO A LAW ENFORCE-
 MENT AGENCY AND (III) AS SOON AS PRACTICAL, TO THE DIRECTOR OF COMMUNITY
 SERVICE OR THE DIRECTOR'S DESIGNEE, IN SUCH MANNER AND FORM AS  DIRECTED
 BY  THE  COMMISSIONER.  THE  REASONS  FOR SUCH DISCLOSURE SHALL BE FULLY
 DOCUMENTED IN THE TREATMENT RECORD  OF  SUCH  PERSON.  THE  DIRECTOR  OF
 COMMUNITY  SERVICE  OR THE DIRECTOR'S DESIGNEE SHALL REPORT TO THE DIVI-
 SION OF CRIMINAL JUSTICE SERVICES WHENEVER SUCH DIRECTOR OR SUCH  DIREC-
 TOR'S  DESIGNEE  AGREES  THAT THE PERSON PRESENTS A SERIOUS AND IMMINENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09248-01-5
              

 A. 5636                             2
 
 DANGER TO SELF OR OTHERS. INFORMATION TRANSMITTED  TO  THE  DIVISION  OF
 CRIMINAL  JUSTICE  SERVICES  SHALL BE LIMITED TO THE NAME AND OTHER NON-
 CLINICAL IDENTIFYING INFORMATION REGARDING THE PERSON WHO IS THE SUBJECT
 OF THE DISCLOSURE, WHICH MAY BE USED BY THE DIVISION OF CRIMINAL JUSTICE
 SERVICES  ONLY  FOR  DETERMINING  WHETHER  A  LICENSE ISSUED PURSUANT TO
 SECTION 400.00 OF THE PENAL LAW SHOULD BE SUSPENDED OR REVOKED,  OR  FOR
 DETERMINING WHETHER A PERSON IS INELIGIBLE FOR A LICENSE ISSUED PURSUANT
 TO  SECTION  400.00  OF  THE  PENAL LAW, OR IS NO LONGER PERMITTED UNDER
 STATE OR FEDERAL LAW TO POSSESS A FIREARM. FOR PURPOSES OF THIS SECTION,
 THE TERM "LAW ENFORCEMENT AGENCY"  SHALL  INCLUDE  THE  NEW  YORK  STATE
 POLICE  AND THE POLICE DEPARTMENTS OF A COUNTY, TOWN, CITY OR VILLAGE IN
 THE STATE.
   (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  REQUIRE  A  MENTAL
 HEALTH  PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE PROFESSIONAL JUDG-
 MENT OF THE MENTAL  HEALTH  PROFESSIONAL,  WOULD  ENDANGER  SUCH  MENTAL
 HEALTH  PROFESSIONAL  OR  INCREASE  THE DANGER TO A POTENTIAL ENDANGERED
 PERSON OR PERSONS.
   (D) ABSENT MALICE OR INTENTIONAL MISCONDUCT, THE DECISION OF A  MENTAL
 HEALTH  PROFESSIONAL  TO  DISCLOSE OR NOT TO DISCLOSE IN ACCORDANCE WITH
 THIS SECTION SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL  LIABILITY
 OF SUCH MENTAL HEALTH PROFESSIONAL.
   § 2. This act shall take effect immediately.