Bill Text: NY S06622 | 2009-2010 | General Assembly | Amended

New York Senate Bill 6622 (Prior Session Legislation)

Amended

Bill Title: Requires providers of non-emergency, 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-06-16 - PRINT NUMBER 6622A [S06622 Detail]

Download: New_York-2009-S06622-Amended.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6622--A
                                   I N  S E N A T E
                                   January 20, 2010
                                      ___________
       Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Health  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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:
   22  S 33.27 REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING  CLINICAL
   23            OUTPATIENT TREATMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14780-03-0
       S. 6622--A                          2
    1    (A)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
    2  THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY,  CLIN-
    3  ICAL  OUTPATIENT  COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
    4  OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT
    5  TO  PROVIDE  HIS  OR  HER ADDRESS AND DATE OF BIRTH, AND INQUIRE WHETHER
    6  SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION
    7  ONE HUNDRED SIXTY-EIGHT-A OF  THE  CORRECTION  LAW.  IN  ADDITION,  SUCH
    8  FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY
    9  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  PURSUANT  TO SECTION ONE
   10  HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO DETERMINE  WHETHER  EACH
   11  SUCH PATIENT IS A SEX OFFENDER.
   12    (B)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
   13  THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY,  CLIN-
   14  ICAL  OUTPATIENT  COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
   15  OR MORE VISITS DURING  ANY  CALENDAR  YEAR,  SHALL  SCHEDULE  AND  TREAT
   16  PATIENTS  WHO  ARE SEX OFFENDERS DURING AND AT SUCH TIMES AS NO PATIENTS
   17  WHO ARE NOT SEX OFFENDERS ARE WITHIN ANY  PORTION  OF  THE  FACILITY  OR
   18  PROGRAM IN WHICH TREATMENT IS PROVIDED.
   19    S  3.  This  act shall take effect on the thirtieth day after it shall
   20  have become a law.