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

                                 6233--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 18, 2013
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Mental Health -- committee discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  mental  hygiene  law, in relation to reports of
  substantial risk or threat of harm by mental health professionals; and
  repealing certain provisions of such law relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  9.46 of the mental hygiene law is REPEALED and a
new section 9.46 is added to read as follows:
S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM  BY  MENTAL  HEALTH
         PROFESSIONALS.
  (A)  FOR  PURPOSES  OF  THIS  SECTION, THE TERM "MENTAL HEALTH PROFES-
SIONAL" SHALL INCLUDE A  PHYSICIAN  LICENSED  PURSUANT  TO  ARTICLE  ONE
HUNDRED  THIRTY-ONE OF THE EDUCATION LAW; A PSYCHOLOGIST LICENSED PURSU-
ANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE  EDUCATION  LAW;  A  NURSE
PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
EDUCATION LAW; OR A LICENSED CLINICAL SOCIAL WORKER LICENSED PURSUANT TO
ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
  (B)  NOTWITHSTANDING  ANY  OTHER  LAW  TO  THE CONTRARY, WHEN A MENTAL
HEALTH  PROFESSIONAL,  CURRENTLY  PROVIDING  MENTAL   HEALTH   TREATMENT
SERVICES TO A PERSON, DETERMINES THAT SUCH PERSON PRESENTS A SERIOUS AND
IMMINENT  DANGER  TO SELF OR OTHERS, HE OR SHE IS AUTHORIZED TO DISCLOSE
SUCH DETERMINATION AS FOLLOWS: (I) TO AN ENDANGERED INDIVIDUAL OR  INDI-
VIDUALS,  IF IDENTIFIABLE; (II) TO A LAW ENFORCEMENT AGENCY AND (III) AS
SOON AS PRACTICAL, TO THE DIRECTOR OF COMMUNITY SERVICE  OR  THE  DIREC-
TOR'S DESIGNEE, IN SUCH MANNER AND FORM AS DIRECTED BY THE COMMISSIONER.
THE  REASONS FOR SUCH DISCLOSURE SHALL BE FULLY DOCUMENTED IN THE TREAT-
MENT RECORD OF SUCH PERSON. THE DIRECTOR OF  COMMUNITY  SERVICE  OR  THE
DIRECTOR'S  DESIGNEE  SHALL  REPORT  TO THE DIVISION OF CRIMINAL JUSTICE
SERVICES WHENEVER HE OR SHE AGREES THAT THE PERSON  PRESENTS  A  SERIOUS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09750-03-3
              

A. 6233--A                          2

AND  IMMINENT  DANGER  TO SELF OR OTHERS. INFORMATION TRANSMITTED TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE LIMITED TO THE  NAME  AND
OTHER  NON-CLINICAL  IDENTIFYING INFORMATION REGARDING THE PERSON WHO IS
THE  SUBJECT  OF  THE  DISCLOSURE,  WHICH MAY BE USED BY THE DIVISION OF
CRIMINAL JUSTICE SERVICES ONLY FOR DETERMINING WHETHER A LICENSE  ISSUED
PURSUANT  TO  SECTION  400.00  OF  THE  PENAL LAW SHOULD BE SUSPENDED OR
REVOKED, OR FOR DETERMINING WHETHER A PERSON IS INELIGIBLE FOR A LICENSE
ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,  OR  IS  NO  LONGER
PERMITTED  UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM. FOR PURPOSES
OF THIS SECTION, THE TERM "LAW ENFORCEMENT AGENCY" SHALL INCLUDE THE NEW
YORK STATE POLICE AND THE POLICE DEPARTMENTS OF A COUNTY, TOWN, CITY  OR
VILLAGE IN THE STATE.
  (C)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE PROFESSIONAL  JUDG-
MENT  OF  THE  MENTAL  HEALTH  PROFESSIONAL,  WOULD ENDANGER SUCH MENTAL
HEALTH PROFESSIONAL OR INCREASE THE DANGER  TO  A  POTENTIAL  ENDANGERED
PERSON OR PERSONS.
  (D)  ABSENT MALICE OR INTENTIONAL MISCONDUCT, THE DECISION OF A MENTAL
HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO DISCLOSE  IN  ACCORDANCE  WITH
THIS  SECTION SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
OF SUCH MENTAL HEALTH PROFESSIONAL.
  S 2. This act shall take effect immediately.