Bill Text: NY A07317 | 2011-2012 | 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; 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) 2012-01-04 - referred to health [A07317 Detail]

Download: New_York-2011-A07317-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7317
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 29, 2011
                                      ___________
       Introduced  by  M.  of  A. McDONOUGH, RAIA, McKEVITT, SALADINO -- Multi-
         Sponsored by -- M. of A.   CROUCH, FINCH, HAWLEY,  MURRAY,  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 22
    2  to read as follows:
    3    S 22. REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING  CLINICAL
    4  OUTPATIENT  TREATMENT.  1.  EVERY  PERSON  AND  ENTITY  WHICH PROVIDES A
    5  NON-EMERGENCY, CLINICAL OUTPATIENT COURSE OF  TREATMENT  TO  A  PATIENT,
    6  WHICH  REQUIRES  THREE  OR  MORE  VISITS DURING ANY CALENDAR YEAR, SHALL
    7  REQUIRE EACH SUCH PATIENT TO PROVIDE HIS OR  HER  ADDRESS  AND  DATE  OF
    8  BIRTH, AND INQUIRE WHETHER SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY
    9  SUBDIVISION  ONE  OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION
   10  LAW.  IN ADDITION, SUCH PERSON OR ENTITY SHALL CALL  THE  SPECIAL  TELE-
   11  PHONE  NUMBER  OPERATED  BY  THE  DIVISION  OF CRIMINAL JUSTICE SERVICES
   12  PURSUANT TO SECTION ONE HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW,  TO
   13  DETERMINE 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    S  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.
                                                                  LBD02938-01-1
       A. 7317                             2
    1  S 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    S 3. This act shall take effect on the thirtieth day  after  it  shall
   22  have become a law.