Bill Text: NY A05636 | 2025-2026 | General Assembly | Introduced

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Bill Title: Relates to reports of substantial risk or threat of harm by mental health professionals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-18 - referred to mental health [A05636 Detail]

Download: New_York-2025-A05636-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5636

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section 1. Section 9.46 of the mental hygiene law is  REPEALED  and  a
     2  new section 9.46 is added to read as follows:
     3  § 9.46 Reports  of  substantial  risk or threat of harm by mental health
     4           professionals.
     5    (a) For purposes of this section,  the  term  "mental  health  profes-
     6  sional"  shall  include  a  physician  licensed  pursuant to article one
     7  hundred thirty-one of the education law; a psychologist licensed  pursu-
     8  ant  to  article  one  hundred fifty-three of the education law; a nurse
     9  practitioner licensed pursuant to article one hundred thirty-nine of the
    10  education law; or a licensed clinical social worker licensed pursuant to
    11  article one hundred fifty-four of the education law.
    12    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
    13  health   professional,   currently  providing  mental  health  treatment
    14  services to a person, determines that such person presents a serious and
    15  imminent danger to self or others, such mental  health  professional  is
    16  authorized  to  disclose such determination as follows: (i) to an endan-
    17  gered individual or individuals, if identifiable; (ii) to a law enforce-
    18  ment agency and (iii) as soon as practical, to the director of community
    19  service or the director's designee, in such manner and form as  directed
    20  by  the  commissioner.  The  reasons  for such disclosure shall be fully
    21  documented in the treatment record  of  such  person.  The  director  of
    22  community  service  or the director's designee shall report to the divi-
    23  sion of criminal justice services whenever such director or such  direc-
    24  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

     1  danger to self or others. Information transmitted  to  the  division  of
     2  criminal  justice  services  shall be limited to the name and other non-
     3  clinical identifying information regarding the person who is the subject
     4  of the disclosure, which may be used by the division of criminal justice
     5  services  only  for  determining  whether  a  license issued pursuant to
     6  section 400.00 of the penal law should be suspended or revoked,  or  for
     7  determining whether a person is ineligible for a license issued pursuant
     8  to  section  400.00  of  the  penal law, or is no longer permitted under
     9  state or federal law to possess a firearm. For purposes of this section,
    10  the term "law enforcement agency"  shall  include  the  New  York  state
    11  police  and the police departments of a county, town, city or village in
    12  the state.
    13    (c) Nothing in this section shall be construed  to  require  a  mental
    14  health  professional to take any action which, in the professional judg-
    15  ment of the mental  health  professional,  would  endanger  such  mental
    16  health  professional  or  increase  the danger to a potential endangered
    17  person or persons.
    18    (d) Absent malice or intentional misconduct, the decision of a  mental
    19  health  professional  to  disclose or not to disclose in accordance with
    20  this section shall not be the basis for any civil or criminal  liability
    21  of such mental health professional.
    22    § 2. This act shall take effect immediately.