NY State Senate Bill 2009-S6622

Senate Bill S6622

2009-2010 Legislative Session

Requires providers of non-emergency, outpatient treatment to patients on a continuing basis to determine whether they are sex offenders

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	print number 6622a
Jun 16, 2010	amend (t) and recommit to health
Jan 20, 2010	referred to health

Bill Amendments

Original

A (Active)

2009-S6622 - Details

See Assembly Version of this Bill:: A10255
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §22, Pub Health L; add §33.27, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3262, A7317
2013-2014: A2632
2015-2016: A2136
2017-2018: A5129
2019-2020: A3761

2009-S6622 - Summary

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.

2009-S6622 - Sponsor Memo

                                 BILL NUMBER:  S6622

 TITLE OF BILL :
An act to amend the public health law and the mental hygiene law, in
relation to requiring providers of non-emergency, outpatient treatment
to check whether patients are sex offenders and to segregate sex
offender patients from other patients


 PURPOSE :
This bill would require providers of non-emergency, outpatient
treatment to patients on a continuing basis to determine whether they
are sex offenders.

 SUMMARY OF PROVISIONS :
Section 1 of the bill adds a new section 22 to the Public Health Law
that requires any person or entity that provides a non-emergency,
outpatient course of treatment to a patient for three or more visits
during a calendar year to ask that patient for his name, address, date
of birth and whether the patient is a sex offender as defined in the
Correction Law. It also requires the provider to call the Division of
Criminal Justice Services to determine whether the patient is a
convicted sex offender. In addition, this section requires that any
provider who treats sex offenders on an out-patient basis must treat
these patients at such times when no other patients are in the
facility where treatment is provided.

Section 2 of the bill adds new section 33.27 to the Mental Hygiene Law
to require every facility and program certified by the Department of
Mental Hygiene that provides a non-emergency, outpatient course of
treatment to a patient for three or more visits during a calendar year
to ask that patient for his name, address, date of birth and whether
the patient is a sex offender as defined in the Correction Law. It
also requires the provider to call the Division of Criminal Justice
Services to determine whether the patient is a convicted sex offender.
In addition, this section requires that any provider who treats sex
offenders on an out-patient basis must treat these patients at such
times when no other patients are in the facility where treatment is
provided.

Section 3 of the bill is the effective date.

 JUSTIFICATION :
There are circumstances where sex offenders who are dependent upon
drugs and/or alcohol are ordered or mandated to attend chemical
dependence therapy as part of their plea and probation arrangements
from a drug or alcohol court. However, it has come to the sponsor's
attention that there is the potential for, and actual cases of,
victims of sexual abuse being placed in the same alcohol and substance
abuse therapy sessions as a registered sex offender. This may lead to
additional victimization of sexual abuse victims and there should be
procedural mechanisms set in place that prevent registered sex
offenders and sexual abuse victims from being in the same therapy
sessions. This bill establishes common sense protection mechanisms
that require therapy providers to determine whether any patient that
will participate in a group therapy session is a registered sex
offender and if so, that person attend a segregated session.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.
 EFFECTIVE DATE :
This act shall take effect on the thirtieth day after becoming law.

2009-S6622 - Bill Text download pdf

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

                                  6622

                            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

AN ACT to amend the public health law and the  mental  hygiene  law,  in
  relation to requiring providers of non-emergency, 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 OUTPA-
TIENT TREATMENT. 1. EVERY PERSON AND ENTITY WHICH PROVIDES  A  NON-EMER-
GENCY, 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 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.
  2.  EVERY PERSON AND ENTITY WHICH PROVIDES A NON-EMERGENCY, 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 OFFEN-
DERS ARE WITHIN ANY PORTION  OF  THE  FACILITY  IN  WHICH  TREATMENT  IS
PROVIDED.
  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  OUTPA-
          TIENT TREATMENT.
  (A)  EVERY FACILITY AND PROGRAM OPERATED OR CERTIFIED BY ANY OFFICE OF
THE DEPARTMENT OF MENTAL HYGIENE, WHICH PROVIDES A NON-EMERGENCY, OUTPA-
TIENT COURSE OF TREATMENT TO A PATIENT, WHICH  REQUIRES  THREE  OR  MORE

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

                                                           LBD14780-02-0

S. 6622                             2

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, OUTPA-
TIENT 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.

2009-S6622A (ACTIVE) - Details

See Assembly Version of this Bill:: A10255
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §22, Pub Health L; add §33.27, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3262, A7317
2013-2014: A2632
2015-2016: A2136
2017-2018: A5129
2019-2020: A3761

2009-S6622A (ACTIVE) - Summary

2009-S6622A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6622A

TITLE OF BILL:
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

PURPOSE:
This bill would require providers of non-emergency, clinical outpatient
treatment to patients on a continuing basis to determine whether they
are sex offenders.

SUMMARY OF PROVISIONS:
Section 1 of the bill adds a new section 22 to the Public Health Law
that requires any person or entity that provides a non-emergency, clin-
ical outpatient course of treatment to a patient for three or more
visits during a calendar year to ask that patient for his name, address,
date of birth and whether the patient is a sex offender as defined in
the Correction Law. It also requires the provider to call the Division
of Criminal Justice Services to determine whether the patient is a
convicted sex offender. In addition, this section requires that any
provider who treats sex offenders on a clinical out-patient basis must
treat these patients at such times when no other patients are in the
facility where treatment is provided.

Section 2 of the bill adds new section 33.27 to the Mental Hygiene Law
to require every facility and program certified by the Department of
Mental Hygiene that provides a non-emergency, clinical outpatient course
of treatment to a patient for three or more visits during a calendar
year to ask that patient for his name, address, date of birth and wheth-
er the patient is a sex offender as defined in the Correction Law. It
also requires the provider to call the Division of Criminal Justice
Services to determine whether the patient is a convicted sex offender.
In addition, this section requires that any provider who treats sex
offenders on a clinical out-patient basis must treat these patients at
such times when no other patients are in the facility where treatment is
provided.

Section 3 of the bill is the effective date.

JUSTIFICATION:
There are circumstances where sex offenders who are dependent upon drugs
and/or alcohol are ordered or mandated to attend chemical dependence
therapy as part of their plea and probation arrangements from a drug or
alcohol court. However, it has come to the sponsor's attention that
there is the potential for, and actual cases of, victims of sexual abuse
being placed in the Same alcohol and substance abuse therapy sessions as
a registered sex offender. This may lead to additional victimization of
sexual abuse victims and there should be procedural mechanisms set in
place that prevent registered sex offenders and sexual abuse victims

from being in the Same therapy sessions. This bill establishes common
sense protection mechanisms that require therapy Providers to determine
whether any patient that will Participate in a group therapy session is
a registered sex offender and if so, that person attend a segregated
session.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after becoming law.

2009-S6622A (ACTIVE) - Bill Text download pdf

                            
                    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:

  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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14780-03-0

S. 6622--A                          2

  (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.

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