Senate Bill S1714

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1714--A
     Cal. No. 169
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2025
                                ___________
 
 Introduced  by Sens. BROUK, BRISPORT, COONEY, FERNANDEZ, GIANARIS, JACK-
   SON, RAMOS, SALAZAR, SEPULVEDA, WEBB -- read twice and ordered  print-
   ed,  and  when  printed  to be committed to the Committee on Health --
   recommitted to the Committee on Health in accordance with Senate  Rule
   6,  sec. 8 -- reported favorably from said committee, ordered to first
   and second report, ordered to a third reading, passed  by  Senate  and
   delivered  to  the  Assembly, recalled, vote reconsidered, restored to
   third reading, amended and ordered reprinted, retaining its  place  in
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02051-03-6
 S. 1714--A                          2
 
 THIS SUBDIVISION, THE TERM "EXCITED DELIRIUM" SHALL MEAN 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 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
 S. 1714--A                          3

 DELIRIUM AS A CAUSE OF DEATH OR A CONTRIBUTING FACTOR  TO  A  DEATH,  OR
 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.