Bill Text: NY A05129 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires providers of non-emergency, clinical outpatient treatment to patients on a continuing basis to determine whether they are sex offenders; requires that treatment to sex offenders shall be provided during those times when patients, who are not sex offenders, are not present in the facility.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Introduced - Dead) 2018-05-01 - held for consideration in health [A05129 Detail]

Download: New_York-2017-A05129-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5129
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced  by  M. of A. McDONOUGH, RAIA, McKEVITT -- Multi-Sponsored by
          -- M. of A.  CROUCH, FINCH, HAWLEY, PALMESANO, TITONE -- read once and
          referred to the Committee on Health
        AN ACT to amend the public health law and the  mental  hygiene  law,  in
          relation  to requiring providers of non-emergency, clinical outpatient
          treatment to check whether patients are sex offenders and to segregate
          sex offender patients from other patients
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The public health law is amended by adding a new section 25
     2  to read as follows:
     3    §  25. Requirement to check sex offender registry; continuing clinical
     4  outpatient treatment. 1. Every person and entity which provides  a  non-
     5  emergency,  clinical  outpatient course of treatment to a patient, which
     6  requires three or more visits during any calendar  year,  shall  require
     7  each  such  patient to provide his or her address and date of birth, and
     8  inquire whether such patient is a sex offender, as defined  by  subdivi-
     9  sion one of section one hundred sixty-eight-a of the correction law.  In
    10  addition,  such person or entity shall call the special telephone number
    11  operated by the  division  of  criminal  justice  services  pursuant  to
    12  section  one  hundred  sixty-eight-p of the correction law, to determine
    13  whether each such patient is a sex offender.
    14    2. Every person and entity which provides  a  non-emergency,  clinical
    15  outpatient  course  of  treatment  to a patient, which requires three or
    16  more visits during any calendar year, shall schedule and treat  patients
    17  who  are  sex  offenders during and at such times as no patients who are
    18  not sex offenders are within any portion of the facility in which treat-
    19  ment is provided.
    20    § 2. The mental hygiene law is amended by adding a new  section  33.27
    21  to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09445-01-7
        A. 5129                             2
     1  § 33.27 Requirement  to check sex offender registry; continuing clinical
     2            outpatient treatment.
     3    (a)  Every facility and program operated or certified by any office of
     4  the department of mental hygiene, which provides a non-emergency,  clin-
     5  ical  outpatient  course of treatment to a patient, which requires three
     6  or more visits during any calendar year, shall require each such patient
     7  to provide his or her address and date of  birth,  and  inquire  whether
     8  such patient is a sex offender, as defined by subdivision one of section
     9  one  hundred  sixty-eight-a  of  the  correction  law. In addition, such
    10  facility or program shall call the special telephone number, operated by
    11  the division of  criminal  justice  services  pursuant  to  section  one
    12  hundred  sixty-eight-p  of the correction law, to determine whether each
    13  such patient is a sex offender.
    14    (b) Every facility and program operated or certified by any office  of
    15  the  department of mental hygiene, which provides a non-emergency, clin-
    16  ical outpatient course of treatment to a patient, which  requires  three
    17  or  more  visits  during  any  calendar  year,  shall schedule and treat
    18  patients who are sex offenders during and at such times as  no  patients
    19  who  are  not  sex  offenders  are within any portion of the facility or
    20  program in which treatment is provided.
    21    § 3. This act shall take effect on the thirtieth day  after  it  shall
    22  have become a law.