S T A T E O F N E W Y O R K
________________________________________________________________________
8325
2011-2012 Regular Sessions
I N A S S E M B L Y
June 13, 2011
___________
Introduced by M. of A. ORTIZ, LENTOL, BING -- read once and referred to
the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the reporting of
crimes at mental hygiene facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (b) of section 7.21 of the mental hygiene law,
as amended by chapter 789 of the laws of 1985, is amended to read as
follows:
(b) Such director shall have the responsibility of seeing that there
is humane treatment of the patients at his facility and shall investi-
gate every case of alleged patient abuse or mistreatment. The director
shall notify immediately, and in any event within three working days,
the board of visitors of the facility and the mental hygiene legal
service located in the same judicial department as the hospital, school,
or institution of every complaint of patient abuse or mistreatment and
shall inform the board and the mental hygiene legal service of the
results of his investigation. If it appears that a crime may have been
committed, the director shall give notice thereof to the district attor-
ney or other appropriate law enforcement official as soon as possible,
and in any event within three working days UNLESS IT APPEARS THAT THE
CRIME INCLUDES AN EMPLOYEE, INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR,
OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT
WAS SUBJECT TO UNAUTHORIZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME
IS ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED
PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS
ANY FELONY UNDER STATE OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR
OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATE-
LY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13055-02-1
A. 8325 2
S 2. Subdivision (b) of section 13.21 of the mental hygiene law, as
amended by chapter 789 of the laws of 1985, is amended to read as
follows:
(b) Such director shall have the responsibility of seeing that there
is humane treatment of the patients at his facility and shall investi-
gate every case of alleged patient abuse or mistreatment. The director
shall notify immediately, and in any event within three working days the
board of visitors of the facility and the mental hygiene legal service
located in the same judicial department as the hospital, school or
institution of every complaint of patient abuse or mistreatment and
shall inform the board and the mental hygiene legal service of the
results of his investigation. If it appears that a crime may have been
committed, the director shall give notice thereof to the district attor-
ney or other appropriate law enforcement official as soon as possible,
and in any event within three working days UNLESS IT APPEARS THAT THE
CRIME INCLUDES AN EMPLOYEE, INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR,
OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT
WAS SUBJECT TO UNAUTHORIZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME
IS ENDANGERING THE WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED
PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS
ANY FELONY UNDER STATE OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR
OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATE-
LY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS.
S 3. Subdivision (b) of section 16.13 of the mental hygiene law, as
amended by chapter 435 of the laws of 2005, is amended to read as
follows:
(b) Making such reports as are necessary to provide notification to
the district attorney or other appropriate law enforcement official and
the commissioner or his or her authorized representative as soon as
possible, or in any event within three working days, if it appears that
a crime may have been committed against a client receiving services from
such provider, UNLESS IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE,
INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR AND THE ALLEGED
CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHOR-
IZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME IS ENDANGERING THE
WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON PURSUANT TO
SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS ANY FELONY UNDER
STATE OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE
LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATELY, AND IN ANY EVENT
NO LATER THAN TWENTY-FOUR HOURS and such other reports, uniform and
otherwise, as are required by the commissioner or his or her authorized
representative with respect to its operations. If there is reasonable
cause to believe that the crime against the client may have occurred in
a facility or program of any other service provider licensed, certified,
funded or operated by a state agency, the administrator or chief execu-
tive officer of such other service provider shall also be notified as
soon as possible, or in any event within three working days. Provided
however, nothing herein shall require such report to an administrator or
chief executive officer of a provider who is alleged to have committed
the crime. The commissioner may execute a memorandum of understanding
with the commissioners of other appropriate state agencies to ensure the
cost-effective coordination and cooperation of such agencies and provid-
ers of services with regard to the conduct of any investigation and
prevention of unnecessary duplicative investigations resulting from the
report of an alleged crime that may have occurred in a facility or
program of another service provider. Information obtained by the commis-
A. 8325 3
sioner or the commission on quality of care for the mentally disabled
from the records of clients receiving services shall be kept confiden-
tial in accordance with the provisions of this article.
S 4. Subdivision 2 of section 31.11 of the mental hygiene law, as
amended by chapter 435 of the laws of 2005, is amended to read as
follows:
2. making such reports as are necessary to provide notification to the
district attorney or other appropriate law enforcement official and the
commissioner or his or her authorized representative as soon as possi-
ble, or in any event within three working days, if it appears that a
crime may have been committed against a patient receiving services from
such provider, UNLESS IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE,
INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR AND THE ALLEGED
CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHOR-
IZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME IS ENDANGERING THE
WELFARE OF AN INCOMPETENT OR PHYSICALLY DISABLED PERSON PURSUANT TO
SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS ANY FELONY UNDER
STATE OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE
LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATELY, AND IN ANY EVENT
NO LATER THAN TWENTY-FOUR HOURS and such other reports, uniform and
otherwise, as are required by the commissioner or his or her authorized
representative with respect to its operations. If there is reasonable
cause to believe that the crime against the client may have occurred in
a facility or program of any other service provider licensed, certified,
funded or operated by a state agency, the administrator or chief execu-
tive officer of such other service provider shall also be notified as
soon as possible, or in any event within three working days. Provided
however, nothing herein shall require such report to an administrator or
chief executive officer of a provider who is alleged to have committed
the crime. The commissioner may execute a memorandum of understanding
with the commissioners of other appropriate state agencies to ensure the
coordination and cooperation of such agencies and providers of services
with regard to the conduct of any investigation and prevention of unnec-
essary duplicative investigations resulting from the report of an
alleged crime that may have occurred in a facility or program of another
service provider. Information obtained by the commissioner or the
commission on quality of care for the mentally disabled from the records
of patients receiving services shall be kept confidential in accordance
with the provisions of this chapter.
S 5. This act shall take effect on the sixtieth day after it shall
have become a law.