NY State Senate Bill 2015-S7424

Senate Bill S7424

2015-2016 Legislative Session

Imposes a duty to protect upon mental health practitioners; requires mental health practitioner to make timely and reasonable efforts to reduce or eliminate the risk of harm

download bill text pdf

Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 29, 2016	referred to mental health and developmental disabilities

2015-S7424 (ACTIVE) - Details

See Assembly Version of this Bill:: A9484
Current Committee:: Senate Mental Health And Developmental Disabilities
Law Section:: Mental Hygiene Law
Laws Affected:: Add §9.42, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S775
2019-2020: S2372
2021-2022: S3475
2023-2024: S7969

2015-S7424 (ACTIVE) - Summary

Imposes a duty to protect upon mental health practitioners; requires reasonable efforts to modify aspects of treatment in order to reduce or eliminate the risk of harm, initiating procedures for hospitalization, notifying the intended victim or victims, or notifying law enforcement officials when a person directly communicates a threat of serious, imminent harm to self or against a readily identifiable person or persons, and the threat includes both a serious intent to act and the ability to carry out the threat; does not require a mental health practitioner to take any action which, in the exercise of reasonable professional judgment, would endanger such mental health practitioner or increase the danger to a potential victim or victims.

2015-S7424 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7424

 TITLE OF BILL :

An act to amend the mental hygiene law, in relation to imposing a duty
to protect upon mental health practitioners

 PURPOSE OR GENERAL IDEA OF BILL :

To amend the Mental Hygiene Law to allow mental health practitioners
working in private practice to make efforts to reduce or eliminate the
risk of harm to an individual or individuals where a patient has made
a threat or expressed a desire to harm an individual or individuals.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 adds a new section 9.42 to the Mental Hygiene Law which
would impose a duty on mental health practitioners to make reasonable
efforts to reduce or eliminate the risk of harm where a client
directly communicates a threat of serious, imminent harm to self or
against an identifiable person or persons. Reasonable efforts, for
purposes of this statute, would include modifying the aspects of
treatment in order to reduce or eliminate the risk of harm, initiating
procedures for hospitalization, notifying the intended victim or
victims, or notifying law enforcement officials. This section also
immunizes a mental health practitioner from civil or criminal

liability where he or she determines a need to disclose information
that is normally protected by patient or client confidentiality rules.

Section 2 sets forth an immediate effective date.

 JUSTIFICATION :

Psychologists are often the first to learn about the imminent threat
of harm to a person or group of people, and can serve an important,
frontline function in keeping the public safe. This legislation would
provide psychologists with clear requirements for when and how they
must deal with patients that make a threat of harm to a specific
person, while being protected from liability.

Under current law, psychologists working in programs licensed by the
Office of Mental Health and the Office for Persons with Developmental
Disabilities are subject to this duty to protect where a patient has
conveyed a threat of harm. This legislation would extend that duty to
practitioners in the private sector where a threat includes a serious
intent to act and the patient has the ability to carry out that
threat, making it more likely that a practitioner will take rapid,
effective action to protect the public.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

None to state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7424 (ACTIVE) - Bill Text download pdf

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

                                  7424

                            I N  S E N A T E

                             April 29, 2016
                               ___________

Introduced  by Sen. CARLUCCI -- 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 imposing  a  duty
  to protect upon mental health practitioners

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

  Section 1. The mental hygiene law is amended by adding a  new  section
9.42 to read as follows:
S 9.42 EFFORTS  BY  MENTAL  HEALTH  PRACTITIONERS TO REDUCE OR ELIMINATE
         RISKS OF HARM.
  (A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH  PRACTITION-
ER"  SHALL INCLUDE ANY NEW YORK STATE LICENSED MENTAL HEALTH PRACTITION-
ER, INCLUDING PHYSICIANS, PSYCHOLOGISTS, REGISTERED  PSYCHIATRIC  NURSES
AND NURSE PRACTITIONERS, AND LICENSED CLINICAL SOCIAL WORKERS.
  (B)  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, WHEN A PERSON TO
WHOM A MENTAL  HEALTH  PRACTITIONER  IS  CURRENTLY  PROVIDING  TREATMENT
DIRECTLY  COMMUNICATES  A  THREAT  OF  SERIOUS, IMMINENT HARM TO SELF OR
AGAINST A  READILY  IDENTIFIABLE  PERSON  OR  PERSONS,  AND  THE  THREAT
INCLUDES  BOTH  A SERIOUS INTENT TO ACT AND THE ABILITY TO CARRY OUT THE
THREAT, THE MENTAL HEALTH PRACTITIONER SHALL BE REQUIRED TO MAKE  TIMELY
AND  REASONABLE  EFFORTS  TO  REDUCE  OR ELIMINATE THE RISK OF HARM. FOR
PURPOSES OF THIS SECTION, REASONABLE EFFORTS MAY INCLUDE,  BUT  ARE  NOT
LIMITED  TO:  MODIFYING  ASPECTS  OF THE TREATMENT IN ORDER TO REDUCE OR
ELIMINATE THE RISK OF HARM; INITIATING PROCEDURES  FOR  HOSPITALIZATION;
NOTIFYING  THE  INTENDED VICTIM OR VICTIMS; OR NOTIFYING LAW ENFORCEMENT
OFFICIALS.
  (C) WHENEVER A MENTAL HEALTH PRACTITIONER IS REQUIRED TO  MAKE  TIMELY
AND  REASONABLE  EFFORTS PURSUANT TO SUBDIVISION (B) OF THIS SECTION, HE
OR SHE SHALL ALSO COMPLY WITH THE PROVISIONS OF  SECTION  9.46  OF  THIS
ARTICLE.
  (D)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
HEALTH PRACTITIONER TO TAKE ANY ACTION WHICH, IN THE EXERCISE OF REASON-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14029-01-6

S. 7424                             2

ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH  MENTAL  HEALTH  PRACTI-
TIONER OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
  (E) THE DECISION OF A MENTAL HEALTH PRACTITIONER TO DISCLOSE OR NOT TO
DISCLOSE THE PATIENT'S OR CLIENT'S CONFIDENTIAL TREATMENT INFORMATION TO
OTHERS IN ACCORDANCE WITH THIS SECTION, WHEN MADE REASONABLY AND IN GOOD
FAITH,  SHALL  NOT  BE  THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY OF
SUCH MENTAL HEALTH PRACTITIONER, INCLUDING LIABILITY PURSUANT TO  UNPRO-
FESSIONAL  CONDUCT  AS DESCRIBED IN THE RULES OF THE BOARD OF REGENTS OF
NEW YORK STATE, PART 29.
  S 2. This act shall take effect immediately.

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