Assembly Bill A697A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  697--A
                                                          Cal. No. 27
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS, MEEKS, DAVILA, LUCAS, LUNSFORD,
   SIMON, REYES, BORES, CLARK,  TAYLOR,  ROSENTHAL,  GALLAGHER,  BURDICK,
   SHIMSKY,  CUNNINGHAM, KELLES, SEAWRIGHT, SIMONE, OTIS -- read once and
   referred to the Committee on Health -- ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading
 
 AN ACT to amend the public health law, the county law, the executive law
   and the state finance law, in relation to prohibiting the use  of  the
   term excited delirium as a diagnosis, label, or cause of death
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 4141 of the public health  law  is
 amended by adding a new paragraph (e) to read as follows:
   (E)  NO  DEATH CERTIFICATE SHALL CITE EXCITED DELIRIUM AS A DIAGNOSIS,
 LABEL, CAUSE OF DEATH, OR CONTRIBUTING FACTOR  TO  ANY  DEATH.  FOR  THE
 PURPOSES  OF  THIS  PARAGRAPH,  THE TERM "EXCITED DELIRIUM" SHALL MEAN A
 TERM USED TO DESCRIBE A PERSON'S STATE OF AGITATION, EXCITABILITY, PARA-
 NOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND  APPARENT  IMMUNITY  TO
 PAIN  THAT  IS  NOT LISTED IN THE MOST CURRENT VERSION OF THE DIAGNOSTIC
 AND STATISTICAL MANUAL OF MENTAL DISORDERS, OR FOR WHICH THE COURT FINDS
 THERE IS INSUFFICIENT SCIENTIFIC EVIDENCE OR DIAGNOSTIC CRITERIA  TO  BE
 RECOGNIZED  AS  A  MEDICAL  CONDITION.  EXCITED  DELIRIUM  ALSO INCLUDES
 EXCITED  DELIRIUM  SYNDROME,  EXCITED  DELIRIUM,  HYPERACTIVE  DELIRIUM,
 AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
   § 2. Section 677 of the county law is amended by adding a new subdivi-
 sion 2-a to read as follows:
   2-A.  NO REPORT OF ANY AUTOPSY OR OTHER EXAMINATION SHALL CITE EXCITED
 DELIRIUM AS A CAUSE OR MEANS OR MANNER OF DEATH.  FOR  THE  PURPOSES  OF
 THIS  SUBDIVISION, THE TERM "EXCITED DELIRIUM" SHALL MEAN A TERM USED TO
 DESCRIBE A PERSON'S STATE OF AGITATION, EXCITABILITY, PARANOIA,  EXTREME
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02051-02-6
 A. 697--A                           2
 
 AGGRESSION, PHYSICAL VIOLENCE, AND APPARENT IMMUNITY TO PAIN THAT IS NOT
 LISTED  IN  THE  MOST  CURRENT VERSION OF THE DIAGNOSTIC AND STATISTICAL
 MANUAL OF MENTAL DISORDERS, OR FOR WHICH THE COURT FINDS THERE IS INSUF-
 FICIENT SCIENTIFIC EVIDENCE OR DIAGNOSTIC CRITERIA TO BE RECOGNIZED AS A
 MEDICAL  CONDITION.  EXCITED  DELIRIUM  ALSO  INCLUDES  EXCITED DELIRIUM
 SYNDROME, EXCITED DELIRIUM, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND
 EXHAUSTIVE MANIA.
   § 3. The executive law is amended by adding a new  section  837-aa  to
 read as follows:
   §  837-AA.  PROHIBITION  OF USE OF EXCITED DELIRIUM. 1. NO REPORT BY A
 LAW ENFORCEMENT OFFICER OR PEACE OFFICER SHALL REFERENCE EXCITED DELIRI-
 UM IN SUCH REPORT.
   2. NO LAW ENFORCEMENT OFFICER OR PEACE OFFICER SHALL TAKE  ANY  ACTION
 WITH RESPECT TO AN INDIVIDUAL IN RESPONSE TO SUCH INDIVIDUAL BEING DIAG-
 NOSED  OR LABELED AS HAVING OR BEING IN A STATE OF EXCITED DELIRIUM.  NO
 TRAINING SHALL BE PROVIDED THAT REQUIRES,  ENCOURAGES,  OR  PERMITS  ANY
 ACTION IN RESPONSE TO AN INDIVIDUAL BEING DIAGNOSED OR LABELED AS HAVING
 OR BEING IN A STATE OF EXCITED DELIRIUM.
   3.  FOR  THE PURPOSES OF THIS SECTION, "EXCITED DELIRIUM" SHALL MEAN A
 TERM USED TO DESCRIBE A PERSON'S STATE OF AGITATION, EXCITABILITY, PARA-
 NOIA, EXTREME AGGRESSION, PHYSICAL VIOLENCE, AND  APPARENT  IMMUNITY  TO
 PAIN  THAT  IS  NOT LISTED IN THE MOST CURRENT VERSION OF THE DIAGNOSTIC
 AND STATISTICAL MANUAL OF MENTAL DISORDERS, OR FOR WHICH THE COURT FINDS
 THERE IS INSUFFICIENT SCIENTIFIC EVIDENCE OR DIAGNOSTIC CRITERIA  TO  BE
 RECOGNIZED  AS  A  MEDICAL  CONDITION.  EXCITED  DELIRIUM  ALSO INCLUDES
 EXCITED  DELIRIUM  SYNDROME,  EXCITED  DELIRIUM,  HYPERACTIVE  DELIRIUM,
 AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
   § 4. The state finance law is amended by adding a new section 139-n to
 read as  follows:
   §  139-N.  PROHIBITION  OF USE OF EXCITED DELIRIUM. 1. AS USED IN THIS
 SECTION:
   (A) "CONTRACTOR" MEANS ANY  PERSON,  FIRM,  PARTNERSHIP,  CORPORATION,
 ASSOCIATION,  COMPANY,  ORGANIZATION  OR  OTHER  SIMILAR  ENTITY, OR ANY
 COMBINATION THEREOF, INCLUDING ANY SUBCONTRACTOR THEREOF,  THAT  EMPLOYS
 EMPLOYEES TO PERFORM WORK PURSUANT TO AN AGREEMENT WITH A PUBLIC AGENCY.
   (B)  "PUBLIC  AGENCY"  MEANS  THE  STATE,  AND ANY DEPARTMENT, AGENCY,
 BOARD, BUREAU, COMMISSION, DIVISION, COUNCIL OR OFFICE OF THE  STATE  OR
 ANY  POLITICAL SUBDIVISION THEREOF, AS DEFINED IN SECTION ONE HUNDRED OF
 THE GENERAL MUNICIPAL LAW, A MUNICIPAL CORPORATION AS DEFINED IN SECTION
 SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW AND ANY  DISTRICT  THEREOF,  A
 PUBLIC  BENEFIT  CORPORATION,  OR LOCAL OR STATE AUTHORITY AS DEFINED IN
 SECTION TWO OF THE PUBLIC AUTHORITIES LAW, AND ANY OTHER ENTITY  AUTHOR-
 IZED  AND EMPOWERED TO ENTER INTO ANY CONTRACT OR ARRANGEMENT TO CONDUCT
 ECONOMIC DEVELOPMENT ACTIVITY ON BEHALF OF ANY SUCH PUBLIC AGENCY.
   (C) "EXCITED DELIRIUM" MEANS A TERM USED TO DESCRIBE A PERSON'S  STATE
 OF  AGITATION,  EXCITABILITY,  PARANOIA,  EXTREME  AGGRESSION,  PHYSICAL
 VIOLENCE, AND APPARENT IMMUNITY TO PAIN THAT IS NOT LISTED IN  THE  MOST
 CURRENT  VERSION  OF  THE  DIAGNOSTIC  AND  STATISTICAL MANUAL OF MENTAL
 DISORDERS, OR FOR WHICH THE COURT FINDS THERE IS INSUFFICIENT SCIENTIFIC
 EVIDENCE OR DIAGNOSTIC CRITERIA TO BE RECOGNIZED AS A MEDICAL CONDITION.
 EXCITED DELIRIUM ALSO INCLUDES EXCITED DELIRIUM SYNDROME, EXCITED  DELI-
 RIUM, HYPERACTIVE DELIRIUM, AGITATED DELIRIUM, AND EXHAUSTIVE MANIA.
   2.  NO  EMPLOYEE  OF  A  PUBLIC  AGENCY OR CONTRACTOR OR EMPLOYEE OF A
 CONTRACTOR SHALL ISSUE A DIAGNOSIS OF EXCITED DELIRIUM,  REPORT  EXCITED
 DELIRIUM  AS  A  CAUSE  OF DEATH OR A CONTRIBUTING FACTOR TO A DEATH, OR
 A. 697--A                           3

 CONDUCT ANY TRAININGS OR SHARE MATERIALS ATTESTING TO  THE  VALIDITY  OF
 EXCITED DELIRIUM AS A CAUSE OF DEATH.
   3.  NO  PUBLIC AGENCY OR CONTRACTOR SHALL ADOPT OR MAINTAIN ANY POLICY
 OR PROCEDURE, INCLUDING BUT NOT LIMITED TO POLICE MANUALS AND TRAININGS,
 THAT ACKNOWLEDGES THE VALIDITY OF THE  DIAGNOSIS,  CAUSE  OF  DEATH,  OR
 LABEL OF EXCITED DELIRIUM.
   § 5. This act shall take effect immediately.