Assembly Bill A1005

Signed By Governor
2021-2022 Legislative Session

Relates to providing information about extreme risk protection orders upon release or discharge of patients

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

2021-A1005 - Details

See Senate Version of this Bill:
S5434
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §29.15, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
A10716

2021-A1005 - Summary

Relates to providing information about extreme risk protection orders upon conditional release or discharge of patients to the community; allows information to be provided to the patient or, upon consent of the patient, to an authorized representative who has actively participated in the patient's treatment plan, if the director of the facility and such facility's clinical staff who worked directly with the patient determine through an evaluation and assessment, that there is the presence of a mental health diagnosis or symptoms of a mental illness exhibited by the patient, which indicates the patient may be at substantial risk of physical harm to himself or herself, or has made threats of or attempts at suicide.

2021-A1005 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1005
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to including certain
   information  about  seeking  extreme risk protection orders in written
   service plans for discharge and conditional release of patients to the
   community

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  5  of  subdivision (g) of section 29.15 of the
 mental hygiene law, as added by chapter 306 of  the  laws  of  1995,  is
 amended and a new paragraph 6 is added to read as follows:
   [(5)  an]  5. AN evaluation of the patient's need and potential eligi-
 bility public  benefits  following  discharge  or  conditional  release,
 including public assistance, medicaid, and supplemental security income.
   6.  MATERIAL  PROVIDING  INFORMATION  RELATED  TO SEEKING EXTREME RISK
 PROTECTION ORDERS, PURSUANT TO ARTICLE SIXTY-THREE-A OF THE CIVIL  PRAC-
 TICE  LAW  AND  RULES.    SUCH MATERIAL SHALL INFORM THE PATIENT, AND AN
 AUTHORIZED REPRESENTATIVE OF SUCH PATIENT WHO HAS ACTIVELY  PARTICIPATED
 IN THE DEVELOPMENT OF A PLAN FOR SUCH PATIENT'S DISCHARGE OR CONDITIONAL
 RELEASE  PURSUANT TO SUBDIVISION (F) OF THIS SECTION, AND WHO MAY ACT AS
 A PETITIONER, AS SUCH TERM IS DEFINED  BY  SECTION  SIXTY-THREE  HUNDRED
 FORTY OF THE CIVIL PRACTICE LAW AND RULES, TO FILE AN APPLICATION FOR AN
 EXTREME  RISK  PROTECTION  ORDER  IN ACCORDANCE WITH SECTION SIXTY-THREE
 HUNDRED FORTY-ONE OF THE CIVIL PRACTICE LAW  AND  RULES.  SUCH  MATERIAL
 SHALL  ALSO INCLUDE THE FACTORS THAT A COURT MAY CONSIDER IN DETERMINING
 WHETHER GROUNDS FOR ISSUING AN EXTREME RISK PROTECTION ORDER  EXIST,  AS
 PROVIDED  BY SUBDIVISION TWO OF SECTION SIXTY-THREE HUNDRED FORTY-TWO OF
 THE CIVIL PRACTICE LAW AND RULES.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02097-01-1

co-Sponsors

2021-A1005A (ACTIVE) - Details

See Senate Version of this Bill:
S5434
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §29.15, Ment Hyg L
Versions Introduced in 2019-2020 Legislative Session:
A10716

2021-A1005A (ACTIVE) - Summary

Relates to providing information about extreme risk protection orders upon conditional release or discharge of patients to the community; allows information to be provided to the patient or, upon consent of the patient, to an authorized representative who has actively participated in the patient's treatment plan, if the director of the facility and such facility's clinical staff who worked directly with the patient determine through an evaluation and assessment, that there is the presence of a mental health diagnosis or symptoms of a mental illness exhibited by the patient, which indicates the patient may be at substantial risk of physical harm to himself or herself, or has made threats of or attempts at suicide.

2021-A1005A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1005--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   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 including certain
   information about extreme risk protection orders  in  written  service
   plans  for discharge and conditional release of patients to the commu-
   nity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  5  of  subdivision (g) of section 29.15 of the
 mental hygiene law, as added by chapter 306 of  the  laws  of  1995,  is
 amended and a new paragraph 6 is added to read as follows:
   [(5)  an]  5. AN evaluation of the patient's need and potential eligi-
 bility for public benefits following discharge or  conditional  release,
 including public assistance, medicaid, and supplemental security income.
   6.  MATERIAL  PROVIDING INFORMATION RELATED TO EXTREME RISK PROTECTION
 ORDERS, PURSUANT TO ARTICLE SIXTY-THREE-A OF THE CIVIL PRACTICE LAW  AND
 RULES.  SUCH INFORMATION MAY BE PROVIDED TO THE PATIENT OR, UPON CONSENT
 OF THE PATIENT, TO AN AUTHORIZED REPRESENTATIVE WHO HAS ACTIVELY PARTIC-
 IPATED  IN  THE  PATIENT'S  TREATMENT PLAN. SUCH INFORMATION MAY ONLY BE
 PROVIDED IF THE DIRECTOR OF THE FACILITY AND  SUCH  FACILITY'S  CLINICAL
 STAFF  WHO  WORKED DIRECTLY WITH THE PATIENT DETERMINE THROUGH AN EVALU-
 ATION AND ASSESSMENT, THAT THERE IS THE  PRESENCE  OF  A  MENTAL  HEALTH
 DIAGNOSIS  OR  SYMPTOMS  OF  A  MENTAL ILLNESS EXHIBITED BY THE PATIENT,
 WHICH INDICATES THE PATIENT MAY BE AT SUBSTANTIAL RISK OF PHYSICAL  HARM
 TO  HIMSELF  OR  HERSELF, OR HAS MADE THREATS OF OR ATTEMPTS AT SUICIDE.
 SUCH DETERMINATION AND THE BASIS FOR IT SHALL BE INCLUDED IN THE WRITTEN
 CLINICAL RECORD.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02097-02-1

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