S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4957
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced by Sens. SEPULVEDA, HARCKHAM, LANZA -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Mental
   Health
 
 AN ACT to amend the mental hygiene  law,  in  relation  to  establishing
   Nicole's law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as "Nicole's law".
   § 2. The mental hygiene law is amended by adding a new section 9.61 to
 read as follows:
 § 9.61 PATIENTS WITH SELF-INFLICTED, LIFE-THREATENING INJURIES.
   1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "SELF-INFLICTED, LIFE-THREATENING INJURIES" SHALL INCLUDE  SUICIDE
 ATTEMPTS, DRUG OVERDOSES, AND OTHER SELF-HARM INJURIES INCLUDING BUT NOT
 LIMITED TO CUTTING ONESELF.
   (B) "ASSISTED OUTPATIENT SERVICES" SHALL MEAN CATEGORIES OF OUTPATIENT
 SERVICES  INCLUDING,  BUT  NOT  LIMITED  TO, CASE MANAGEMENT SERVICES OR
 ASSERTIVE COMMUNITY TREATMENT TEAM  SERVICES  TO  PROVIDE  CARE  COORDI-
 NATION,  AND  MAY  ALSO  INCLUDE  ANY  OF  THE  FOLLOWING  CATEGORIES OF
 SERVICES: MEDICATION; PERIODIC BLOOD TESTS OR  URINALYSIS  TO  DETERMINE
 COMPLIANCE WITH PRESCRIBED MEDICATIONS; INDIVIDUAL OR GROUP THERAPY; DAY
 OR PARTIAL DAY PROGRAMMING ACTIVITIES; EDUCATIONAL AND VOCATIONAL TRAIN-
 ING  OR  ACTIVITIES; ALCOHOL OR SUBSTANCE ABUSE TREATMENT AND COUNSELING
 AND PERIODIC TESTS FOR THE PRESENCE OF  ALCOHOL  OR  ILLEGAL  DRUGS  FOR
 PERSONS  WITH  A  HISTORY  OF ALCOHOL OR SUBSTANCE ABUSE; SUPERVISION OF
 LIVING ARRANGEMENTS; AND ANY OTHER SERVICES WITHIN A LOCAL SERVICES PLAN
 DEVELOPED PURSUANT TO ARTICLE FORTY-ONE OF THIS CHAPTER,  PRESCRIBED  TO
 TREAT THE PERSON'S MENTAL ILLNESS AND TO ASSIST THE PERSON IN LIVING AND
 FUNCTIONING  IN  THE  COMMUNITY,  OR  TO ATTEMPT TO PREVENT A RELAPSE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08385-01-1
              

 S. 4957                             2
 
 DETERIORATION THAT MAY REASONABLY BE PREDICTED TO RESULT IN  SUICIDE  OR
 THE NEED FOR HOSPITALIZATION.
   (C)  "ASSISTED  OUTPATIENT SERVICES PROVIDER" SHALL MEAN ANY ORGANIZA-
 TION WHICH PROVIDES ASSISTED OUTPATIENT SERVICES.
   2. ALL HOSPITALS OPERATING IN THIS STATE SHALL, WITH REGARD TO  INTAKE
 PRACTICES,  ENSURE  THE  FOLLOWING WHEN ADMITTING PATIENTS WITH SELF-IN-
 FLICTED, LIFE-THREATENING INJURIES:
   (A) EXAMINE EACH SUCH PATIENT'S MEDICAL HISTORY TO  DETERMINE  WHETHER
 SUCH  PATIENT  HAS  HAD  ANY PREVIOUS INCIDENTS OF SELF-INFLICTED, LIFE-
 THREATENING INJURIES; AND
   (B) REACH OUT TO ANY KNOWN FAMILY OR CARETAKER  OF  SUCH  PATIENT  FOR
 INFORMATION ABOUT ANY PREVIOUS INSTANCES OF SELF-INFLICTED, LIFE-THREAT-
 ENING INJURIES.
   3.  WHERE  A  PATIENT  ADMITTED  WITH SELF-INFLICTED, LIFE-THREATENING
 INJURIES IS IDENTIFIED AS HAVING PREVIOUS INSTANCES  OF  SELF-INFLICTED,
 LIFE-THREATENING INJURIES, THE HOSPITAL SHALL:
   (A)  OBTAIN  SUCH  PATIENT'S  PREVIOUS HOSPITAL RECORDS TO VERIFY SUCH
 PREVIOUS INSTANCES OF SELF-INFLICTED, LIFE-THREATENING INJURIES;
   (B) EXAMINE SUCH PATIENT'S  PREVIOUS  HOSPITAL  RECORDS  TO  DETERMINE
 WHICH  TREATMENTS WERE PREVIOUSLY USED IN ORDER TO AVOID REPEATING PRAC-
 TICES WHICH FAILED SUCH PATIENT AND LED TO REPEATED EPISODES OF SELF-IN-
 FLICTED, LIFE-THREATENING INJURIES;
   (C) INCREASE THE MINIMUM INPATIENT STAY BY AN AMOUNT  WHICH  SHALL  BE
 DIRECTED  BY  THE  COMMISSIONER  OF HEALTH BY RULE AND/OR REGULATION FOR
 EACH PREVIOUS INSTANCE OF SELF-INFLICTED, LIFE-THREATENING INJURIES; AND
   (D) MAKE REASONABLE ATTEMPTS TO CONTACT SUCH PATIENT'S FAMILY OR CARE-
 TAKER IN ORDER TO RECEIVE  INSIGHTS  ON  SUCH  PATIENT'S  MENTAL  HEALTH
 HISTORY, AND ANY OTHER INFORMATION WHICH MAY BE USEFUL IN SUCH PATIENT'S
 TREATMENT.
   4. WHERE A PATIENT IS BEING DISCHARGED AFTER HAVING BEEN ADMITTED WITH
 SELF-INFLICTED, LIFE-THREATENING INJURIES, THE HOSPITAL SHALL:
   (A)  PROVIDE  SUCH  PATIENT'S  FAMILY OR CARETAKER WITH NOTICE OF SUCH
 PATIENT'S DISCHARGE AT LEAST FORTY-EIGHT HOURS PRIOR TO SUCH DISCHARGE;
   (B) ENSURE THAT HOSPITAL STAFF CONDUCT A MEETING  WITH  SUCH  PATIENT,
 WHICH  MAY  INCLUDE  SUCH  PATIENT'S FAMILY OR CARETAKER, TO INFORM SUCH
 PATIENT ON WHAT IS NEEDED TO RECOVER AND HOW TO BEST MANAGE THEIR MENTAL
 HEALTH;
   (C) INFORM SUCH PATIENT OF ANY ASSISTED OUTPATIENT SERVICES  PROVIDERS
 THAT COULD BE HELPFUL IN SUCH PATIENT'S RECOVERY; AND
   (D) CONDUCT A FOLLOW-UP POST-DISCHARGE WITHIN A TIME FRAME WHICH SHALL
 BE ESTABLISHED BY THE COMMISSIONER.
   5.  WHERE  A  PATIENT  IS  REFERRED TO AN ASSISTED OUTPATIENT SERVICES
 PROVIDER BY A HOSPITAL PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR  OF
 THIS  SECTION,  SUCH  ASSISTED OUTPATIENT SERVICES PROVIDER SHALL ENSURE
 THAT SUCH PATIENT RECEIVES PRIORITY ACCESS TO  ITS  ASSISTED  OUTPATIENT
 SERVICES.
   6.  THE  OPERATOR  OF ANY CLINICAL TRIAL, AS DEFINED IN SECTION FORTY-
 NINE HUNDRED OF THE PUBLIC HEALTH LAW,  WHICH  DISMISSES  AN  INDIVIDUAL
 FROM  CONSIDERATION  OF  PARTICIPATION BECAUSE SUCH INDIVIDUAL INDICATES
 THAT THEY HAVE MADE A SUICIDE  ATTEMPT  OR  HAVE  BEEN  SUICIDAL,  SHALL
 PROVIDE  SUCH  INDIVIDUAL  WITH THE SUICIDE CRISIS LINE, 1-800-273-8255,
 AND WHENEVER POSSIBLE THE CONTACT INFORMATION OF A LOCAL ASSISTED OUTPA-
 TIENT SERVICES PROVIDER.    SUCH  CLINICAL  TRIAL  OPERATOR  SHALL  ALSO
 PROVIDE  A  POSITIVE  MESSAGE  TO  SUCH INDIVIDUAL SUCH AS, "IF YOU NEED
 HELP, I ENCOURAGE YOU TO SEEK THAT HELP, MOST IMPORTANTLY IT  WILL  HELP

 S. 4957                             3
 
 YOU  FEEL  BETTER  AND  HOPEFULLY YOU WILL BE ABLE TO PARTICIPATE IN THE
 FUTURE."
   §  3. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.