S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10255--A

                          I N  A S S E M B L Y

                             March 12, 2010
                               ___________

Introduced  by  M. of A. SWEENEY, N. RIVERA, ABBATE, HOOPER, WEISENBERG,
  FIELDS,  HIKIND,  CHRISTENSEN,  BENEDETTO,  LANCMAN,  MAISEL,   SPANO,
  DelMONTE,   JAFFEE,   MARKEY,   SKARTADOS,  RAIA,  ESPAILLAT,  CASTRO,
  HYER-SPENCER, CYMBROWITZ, SALADINO -- Multi-Sponsored by -- M.  of  A.
  CARROZZA,  DESTITO, HEVESI, MAGEE, REILLY, THIELE, TITONE -- read once
  and referred to the Committee on Health -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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:

  Section 1. The public health law is amended by adding a new section 22
to read as follows:
  S  22. REQUIREMENT TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
OUTPATIENT TREATMENT. 1.  EVERY  PERSON  AND  ENTITY  WHICH  PROVIDES  A
NON-EMERGENCY,  CLINICAL  OUTPATIENT  COURSE  OF TREATMENT TO A PATIENT,
WHICH REQUIRES THREE OR MORE VISITS  DURING  ANY  CALENDAR  YEAR,  SHALL
REQUIRE  EACH  SUCH  PATIENT  TO  PROVIDE HIS OR HER ADDRESS AND DATE OF
BIRTH, AND INQUIRE WHETHER SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY
SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF  THE  CORRECTION
LAW.    IN  ADDITION, SUCH PERSON OR ENTITY SHALL CALL THE SPECIAL TELE-
PHONE NUMBER OPERATED BY  THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
PURSUANT  TO SECTION ONE HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO
DETERMINE WHETHER EACH SUCH PATIENT IS A SEX OFFENDER.
  2. EVERY PERSON AND ENTITY WHICH PROVIDES  A  NON-EMERGENCY,  CLINICAL
OUTPATIENT  COURSE  OF  TREATMENT  TO A PATIENT, WHICH REQUIRES THREE OR
MORE VISITS DURING ANY CALENDAR YEAR, SHALL SCHEDULE AND TREAT  PATIENTS
WHO  ARE  SEX  OFFENDERS DURING AND AT SUCH TIMES AS NO PATIENTS WHO ARE
NOT SEX OFFENDERS ARE WITHIN ANY PORTION OF THE FACILITY IN WHICH TREAT-
MENT IS PROVIDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14780-04-0
              

A. 10255--A                         2

  S 2. The mental hygiene law is amended by adding a new  section  33.27
to read as follows:
S 33.27 REQUIREMENT  TO CHECK SEX OFFENDER REGISTRY; CONTINUING CLINICAL
          OUTPATIENT TREATMENT.
  (A) EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE  OF
THE  DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, CLIN-
ICAL OUTPATIENT COURSE OF TREATMENT TO A PATIENT, WHICH  REQUIRES  THREE
OR MORE VISITS DURING ANY CALENDAR YEAR, SHALL REQUIRE EACH SUCH PATIENT
TO  PROVIDE  HIS  OR  HER ADDRESS AND DATE OF BIRTH, AND INQUIRE WHETHER
SUCH PATIENT IS A SEX OFFENDER, AS DEFINED BY SUBDIVISION ONE OF SECTION
ONE HUNDRED SIXTY-EIGHT-A OF  THE  CORRECTION  LAW.  IN  ADDITION,  SUCH
FACILITY OR PROGRAM SHALL CALL THE SPECIAL TELEPHONE NUMBER, OPERATED BY
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  PURSUANT  TO SECTION ONE
HUNDRED SIXTY-EIGHT-P OF THE CORRECTION LAW, TO DETERMINE  WHETHER  EACH
SUCH PATIENT IS A SEX OFFENDER.
  (B)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY,  CLIN-
ICAL  OUTPATIENT  COURSE OF TREATMENT TO A PATIENT, WHICH REQUIRES THREE
OR MORE VISITS DURING  ANY  CALENDAR  YEAR,  SHALL  SCHEDULE  AND  TREAT
PATIENTS  WHO  ARE SEX OFFENDERS DURING AND AT SUCH TIMES AS NO PATIENTS
WHO ARE NOT SEX OFFENDERS ARE WITHIN ANY  PORTION  OF  THE  FACILITY  OR
PROGRAM IN WHICH TREATMENT IS PROVIDED.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become a law.