Bill Text: NY S03645 | 2015-2016 | General Assembly | Amended

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Bill Title: Requires directors of facilities to perform certain duties to assure patient protection including providing independent medical examinations after reports of abuse or circumstances that may constitute a criminal offense, notifying personal representatives of alleged abuse and that a vulnerable person has been taken to a hospital and notifying vulnerable persons or their representatives of their right to clinical records.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-02-24 - REPORTED AND COMMITTED TO FINANCE [S03645 Detail]

Download: New_York-2015-S03645-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3645--A
           Cal. No. 493
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 13, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities -- reported favorably from said committee, ordered
         to first and second report, ordered to a third  reading,  amended  and
         ordered reprinted, retaining its place in the order of third reading
       AN  ACT to amend the mental hygiene law, in relation to duties of direc-
         tors of facilities to assure protection of patients
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision (b) of section 33.03 of the mental hygiene law
    2  is amended by adding three new paragraphs 6, 7 and 8 to read as follows:
    3    6. PROVIDING AN INDEPENDENT MEDICAL EXAMINATION AT A HOSPITAL,  URGENT
    4  CARE  OR SIMILAR INSTITUTION WITHIN NINETY-SIX HOURS WHEN: (I) EMERGENCY
    5  SERVICES OR LAW ENFORCEMENT ARE CALLED VIA THE 911  EMERGENCY  TELEPHONE
    6  SYSTEM  OR  THE E911 SYSTEM TO RESPOND TO CIRCUMSTANCES THAT MAY CONSTI-
    7  TUTE A CRIMINAL OFFENSE OR AN IMMEDIATE THREAT TO A VULNERABLE  PERSON'S
    8  HEALTH,  SAFETY  OR WELFARE; OR (II) AN ALLEGATION THAT COULD REASONABLY
    9  CONSTITUTE A REPORTABLE INCIDENT IS RECEIVED BY THE VULNERABLE  PERSONS'
   10  CENTRAL  REGISTER,  AND  TRANSMITTED TO THE DIRECTOR OR OPERATOR OF THAT
   11  FACILITY OR PROVIDER AGENCY THAT SUCH A VULNERABLE PERSON HAS  BEEN  THE
   12  VICTIM  OF  ABUSE  OR  NEGLECT  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
   13  THREE OF SECTION FOUR HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW.
   14    7. IMMEDIATELY NOTIFYING THE PERSONAL REPRESENTATIVE, PARENT,  SPOUSE,
   15  SIBLING  OR  GUARDIAN OF A VULNERABLE PERSON ALLEGED TO HAVE BEEN ABUSED
   16  OR NEGLECTED, IN THE EVENT SUCH VULNERABLE PERSON HAS BEEN  TAKEN  TO  A
   17  HOSPITAL,  URGENT CARE OR SIMILAR INSTITUTION FOR AN INDEPENDENT MEDICAL
   18  EXAMINATION PURSUANT TO PARAGRAPH SIX OF THIS SUBDIVISION.
   19    8. FOLLOWING AN INDEPENDENT MEDICAL EXAMINATION PURSUANT TO  PARAGRAPH
   20  SIX  OF  THIS SUBDIVISION, NOTIFYING THE VULNERABLE PERSON, THE PERSONAL
   21  REPRESENTATIVE, PARENT, SPOUSE, SIBLING, GUARDIAN OR ANY OTHER QUALIFIED
   22  PERSON AS DEFINED BY PARAGRAPH SIX OF SUBDIVISION (A) OF  SECTION  33.16
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06393-03-5
       S. 3645--A                          2
    1  OF  THIS  ARTICLE,  OF  HIS  OR HER RIGHT TO ACCESS THE CLINICAL RECORDS
    2  ASSOCIATED WITH AN INDEPENDENT  MEDICAL  EXAMINATION  PURSUANT  TO  THIS
    3  SECTION AND SECTION 33.16 OF THIS ARTICLE.
    4    S 2. This act shall take effect immediately.