Bill Text: NY S02726 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits a mental health care professional from treating a violent patient in a residential building.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-23 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S02726 Detail]

Download: New_York-2013-S02726-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2726
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental  hygiene  law,  in  relation  to  out-patient
         treatment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The mental hygiene law is amended by adding a  new  article
    2  30 to read as follows:
    3                                 ARTICLE 30
    4                            OUT-PATIENT TREATMENT
    5  SECTION 30.01 OUT-PATIENT TREATMENT.
    6  S 30.01 OUT-PATIENT TREATMENT.
    7    (A)  A  MENTAL  HEALTH CARE PROFESSIONAL IS PROHIBITED FROM TREATING A
    8  VIOLENT PATIENT IN AN OFFICE LOCATED IN A RESIDENTIAL BUILDING.
    9    (B) FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS  SHALL  HAVE
   10  THE FOLLOWING MEANINGS:
   11    1.  "RESIDENTIAL  BUILDING"  SHALL  MEAN  PROPERTY,  ON WHICH EXISTS A
   12  BUILDING OR STRUCTURE CONTAINING MORE THAN ONE INDEPENDENT DWELLING UNIT
   13  OR WHERE MORE THAN ONE-THIRD OF THE TOTAL SQUARE FOOTAGE OF SAID  STRUC-
   14  TURE IS TO BE USED FOR RESIDENTIAL PURPOSES;
   15    2. "MENTAL HEALTH CARE PROFESSIONALS" SHALL MEAN ANY QUALIFIED PSYCHI-
   16  ATRIST  LICENSED  PURSUANT  TO  SECTION SEVENTY-SIX HUNDRED THREE OF THE
   17  EDUCATION LAW OR CERTIFIED PSYCHOLOGISTS LICENSED  PURSUANT  TO  ARTICLE
   18  ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW;
   19    3.  "VIOLENT  PATIENT"  SHALL  MEAN ANY PERSON RECEIVING MENTAL HEALTH
   20  CARE, WHO, IN VIEW OF HIS OR HER TREATMENT HISTORY AND CURRENT BEHAVIOR,
   21  IS LIKELY TO CAUSE SERIOUS HARM TO HIS OR HER SELF OR OTHERS;
   22    4. "LIKELIHOOD OF SERIOUS HARM" SHALL MEAN:
   23    (I) SUBSTANTIAL RISK OF PHYSICAL HARM TO OTHER PERSONS  AS  MANIFESTED
   24  BY  THREATS  OF  OR  ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM OR OTHER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05574-01-3
       S. 2726                             2
    1  CONDUCT DEMONSTRATING THAT THE PATIENT IS DANGEROUS TO HIS OR HER  SELF,
    2  OR
    3    (II)  A  SUBSTANTIAL  RISK  OF PHYSICAL HARM TO OTHER PERSONS AS MANI-
    4  FESTED BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY WHICH OTHERS ARE PLACED
    5  IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM, OR
    6    (III) THE PATIENT HAS A HISTORY INVOLVING ONE OR MORE ACTS OF  SERIOUS
    7  VIOLENT  BEHAVIOR  TOWARD  HIS  OR  HER  SELF  OR OTHERS WITHIN THE LAST
    8  FORTY-EIGHT MONTHS.
    9    S 2. This act shall take effect immediately.