Bill Text: NY S05434 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to providing information about extreme risk protection orders upon conditional release or discharge of patients to the community; allows information to be provided to the patient or, upon consent of the patient, to an authorized representative who has actively participated in the patient's treatment plan, if the director of the facility and such facility's clinical staff who worked directly with the patient determine through an evaluation and assessment, that there is the presence of a mental health diagnosis or symptoms of a mental illness exhibited by the patient, which indicates the patient may be at substantial risk of physical harm to himself or herself, or has made threats of or attempts at suicide.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2021-06-08 - SUBSTITUTED BY A1005A [S05434 Detail]

Download: New_York-2021-S05434-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5434

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 4, 2021
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health

        AN ACT to amend the mental hygiene law, in relation to including certain
          information about seeking extreme risk protection  orders  in  written
          service plans for discharge and conditional release of patients to the
          community

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 5 of subdivision (g)  of  section  29.15  of  the
     2  mental  hygiene  law,  as  added  by chapter 306 of the laws of 1995, is
     3  amended and a new paragraph 6 is added to read as follows:
     4    [(5) an] 5. An evaluation of the patient's need and  potential  eligi-
     5  bility  public  benefits  following  discharge  or  conditional release,
     6  including public assistance, medicaid, and supplemental security income.
     7    6. Material providing information  related  to  seeking  extreme  risk
     8  protection  orders, pursuant to article sixty-three-A of the civil prac-
     9  tice law and rules.   Such material shall inform  the  patient,  and  an
    10  authorized  representative of such patient who has actively participated
    11  in the development of a plan for such patient's discharge or conditional
    12  release pursuant to subdivision (f) of this section, and who may act  as
    13  a  petitioner,  as  such  term is defined by section sixty-three hundred
    14  forty of the civil practice law and rules, to file an application for an
    15  extreme risk protection order in  accordance  with  section  sixty-three
    16  hundred  forty-one  of  the  civil practice law and rules. Such material
    17  shall also include the factors that a court may consider in  determining
    18  whether  grounds  for issuing an extreme risk protection order exist, as
    19  provided by subdivision two of section sixty-three hundred forty-two  of
    20  the civil practice law and rules.
    21    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02097-01-1