Senate Bill S3645A

2015-2016 Legislative Session

Requires directors of facilities to perform certain duties to assure patient protection

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Finance 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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Bill Amendments

2015-S3645 - Details

Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §31.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7006
2013-2014: S3865

2015-S3645 - Summary

Requires directors of facilities to perform certain duties to assure patient protection including providing independent medical examinations after reports of abuse or circumstances that may constitute a criminal offense, notifying personal representatives of alleged abuse and that a vulnerable person has been taken to a hospital and notifying vulnerable persons or their representatives of their right to clinical records.

2015-S3645 - Sponsor Memo

2015-S3645 - Bill Text download pdf 

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

                                  3645

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  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 duties of provid-
  ers of services for the developmentally disabled

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

  Section  1.    Section  31.11  of the mental hygiene law is amended by
adding a new subdivision 6 to read as follows:
  6.  PROVIDING AN INDEPENDENT MEDICAL EXAMINATION AT A HOSPITAL, URGENT
CARE OR SIMILAR INSTITUTION WHENEVER AN ALLEGATION OF ABUSE  OR  NEGLECT
OF A CHILD OR ADULT UNDER SUCH CARE IS REPORTED.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06393-01-5

2015-S3645A (ACTIVE) - Details

Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §31.11, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7006
2013-2014: S3865

2015-S3645A (ACTIVE) - Summary

Requires directors of facilities to perform certain duties to assure patient protection including providing independent medical examinations after reports of abuse or circumstances that may constitute a criminal offense, notifying personal representatives of alleged abuse and that a vulnerable person has been taken to a hospital and notifying vulnerable persons or their representatives of their right to clinical records.

2015-S3645A (ACTIVE) - Sponsor Memo

2015-S3645A (ACTIVE) - Bill Text download pdf 

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

                                 3645--A
    Cal. No. 493

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN  ACT to amend the mental hygiene law, in relation to duties of direc-
  tors of facilities to assure protection of patients

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

  Section  1. Subdivision (b) of section 33.03 of the mental hygiene law
is amended by adding three new paragraphs 6, 7 and 8 to read as follows:
  6. PROVIDING AN INDEPENDENT MEDICAL EXAMINATION AT A HOSPITAL,  URGENT
CARE  OR SIMILAR INSTITUTION WITHIN NINETY-SIX HOURS WHEN: (I) EMERGENCY
SERVICES OR LAW ENFORCEMENT ARE CALLED VIA THE 911  EMERGENCY  TELEPHONE
SYSTEM  OR  THE E911 SYSTEM TO RESPOND TO CIRCUMSTANCES THAT MAY CONSTI-
TUTE A CRIMINAL OFFENSE OR AN IMMEDIATE THREAT TO A VULNERABLE  PERSON'S
HEALTH,  SAFETY  OR WELFARE; OR (II) AN ALLEGATION THAT COULD REASONABLY
CONSTITUTE A REPORTABLE INCIDENT IS RECEIVED BY THE VULNERABLE  PERSONS'
CENTRAL  REGISTER,  AND  TRANSMITTED TO THE DIRECTOR OR OPERATOR OF THAT
FACILITY OR PROVIDER AGENCY THAT SUCH A VULNERABLE PERSON HAS  BEEN  THE
VICTIM  OF  ABUSE  OR  NEGLECT  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION
THREE OF SECTION FOUR HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW.
  7. IMMEDIATELY NOTIFYING THE PERSONAL REPRESENTATIVE, PARENT,  SPOUSE,
SIBLING  OR  GUARDIAN OF A VULNERABLE PERSON ALLEGED TO HAVE BEEN ABUSED
OR NEGLECTED, IN THE EVENT SUCH VULNERABLE PERSON HAS BEEN  TAKEN  TO  A
HOSPITAL,  URGENT CARE OR SIMILAR INSTITUTION FOR AN INDEPENDENT MEDICAL
EXAMINATION PURSUANT TO PARAGRAPH SIX OF THIS SUBDIVISION.
  8. FOLLOWING AN INDEPENDENT MEDICAL EXAMINATION PURSUANT TO  PARAGRAPH
SIX  OF  THIS SUBDIVISION, NOTIFYING THE VULNERABLE PERSON, THE PERSONAL
REPRESENTATIVE, PARENT, SPOUSE, SIBLING, GUARDIAN OR ANY OTHER QUALIFIED
PERSON AS DEFINED BY PARAGRAPH SIX OF SUBDIVISION (A) OF  SECTION  33.16

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

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