Bill Text: NY S07424 | 2015-2016 | General Assembly | Introduced


Bill Title: Imposes a duty to protect upon mental health practitioners; requires reasonable efforts to modify aspects of treatment in order to reduce or eliminate the risk of harm, initiating procedures for hospitalization, notifying the intended victim or victims, or notifying law enforcement officials when a person directly communicates a threat of serious, imminent harm to self or against a readily identifiable person or persons, and the threat includes both a serious intent to act and the ability to carry out the threat; does not require a mental health practitioner to take any action which, in the exercise of reasonable professional judgment, would endanger such mental health practitioner or increase the danger to a potential victim or victims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-29 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S07424 Detail]

Download: New_York-2015-S07424-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7424
                    IN SENATE
                                     April 29, 2016
                                       ___________
        Introduced  by Sen. CARLUCCI -- 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 imposing  a  duty
          to protect upon mental health practitioners
          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  section
     2  9.42 to read as follows:
     3  § 9.42 Efforts  by  mental  health  practitioners to reduce or eliminate
     4           risks of harm.
     5    (a) For purposes of this section, the term "mental health  practition-
     6  er"  shall include any New York state licensed mental health practition-
     7  er, including physicians, psychologists, registered  psychiatric  nurses
     8  and nurse practitioners, and licensed clinical social workers.
     9    (b)  Notwithstanding  any  other law to the contrary, when a person to
    10  whom a mental  health  practitioner  is  currently  providing  treatment
    11  directly  communicates  a  threat  of  serious, imminent harm to self or
    12  against a  readily  identifiable  person  or  persons,  and  the  threat
    13  includes  both  a serious intent to act and the ability to carry out the
    14  threat, the mental health practitioner shall be required to make  timely
    15  and  reasonable  efforts  to  reduce  or eliminate the risk of harm. For
    16  purposes of this section, reasonable efforts may include,  but  are  not
    17  limited  to:  modifying  aspects  of the treatment in order to reduce or
    18  eliminate the risk of harm; initiating procedures  for  hospitalization;
    19  notifying  the  intended victim or victims; or notifying law enforcement
    20  officials.
    21    (c) Whenever a mental health practitioner is required to  make  timely
    22  and  reasonable  efforts pursuant to subdivision (b) of this section, he
    23  or she shall also comply with the provisions of  section  9.46  of  this
    24  article.
    25    (d)  Nothing  in  this  section shall be construed to require a mental
    26  health practitioner to take any action which, in the exercise of reason-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14029-01-6

        S. 7424                             2
     1  able professional judgment, would endanger such  mental  health  practi-
     2  tioner or increase the danger to a potential victim or victims.
     3    (e) The decision of a mental health practitioner to disclose or not to
     4  disclose the patient's or client's confidential treatment information to
     5  others in accordance with this section, when made reasonably and in good
     6  faith,  shall  not  be  the basis for any civil or criminal liability of
     7  such mental health practitioner, including liability pursuant to  unpro-
     8  fessional  conduct  as described in the rules of the board of regents of
     9  New York state, part 29.
    10    § 2. This act shall take effect immediately.
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