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This entry was published on 2022-07-08
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SECTION 9.46
Reports of substantial risk or threat of harm by mental health professionals
Mental Hygiene (MHY) CHAPTER 27, TITLE B, ARTICLE 9
§ 9.46 Reports of substantial risk or threat of harm by mental health

professionals.

(a) For purposes of this section, the term "mental health
professional" shall include a physician, psychiatrist, psychologist,
registered nurse, licensed clinical social worker, licensed master
social worker, licensed mental health counselor, clinical nurse
specialist, certified nurse practitioner, licensed clinical marriage and
family therapist, or a licensed professional nurse.

(b) Notwithstanding any other law to the contrary, when a mental
health professional currently providing treatment services to a person
determines, in the exercise of reasonable professional judgment, that
such person is likely to engage in conduct that would result in serious
harm to self or others, he or she shall be required to report, as soon
as practicable, to the director of community services, or the director's
designee, who shall report to the division of criminal justice services
whenever he or she agrees that the person is likely to engage in such
conduct. Information transmitted to the division of criminal justice
services shall be limited to names and other non-clinical identifying
information, which may only be used 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.

(c) Nothing in this section shall be construed to require a mental
health professional to take any action which, in the exercise of
reasonable professional judgment, would endanger such mental health
professional or increase the danger to a potential victim or victims.

(d) The decision of a mental health professional to disclose or not to
disclose in accordance with this section, when made reasonably and in
good faith, shall not be the basis for any civil or criminal liability
of such mental health professional.