S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6125--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. PRETLOW, HUNTER, EPSTEIN, HYNDMAN, LEVENBERG,
   SIMON -- read once and referred to the Committee on Health --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public health law, in relation to requiring  victims
   of firearm violence be offered and/or provided psychiatric care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The public health law is amended by adding  a  new  section
 2805-aa to read as follows:
   §  2805-AA.  HOSPITAL FIREARM VIOLENCE POLICIES AND PROCEDURES. 1. FOR
 THE PURPOSES OF THIS SECTION, THE TERM "FIREARM VIOLENCE" SHALL MEAN ANY
 BULLET WOUND, GUNSHOT WOUND, POWDER BURN, OR ANY  OTHER  INJURY  ARISING
 FROM OR CAUSED BY THE DISCHARGE OF A GUN OR FIREARM.
   2. EVERY GENERAL HOSPITAL SHALL: (A) DEVELOP, MAINTAIN AND DISSEMINATE
 WRITTEN  POLICIES  AND  PROCEDURES  FOR  THE IDENTIFICATION, ASSESSMENT,
 TREATMENT AND REFERRAL  OF  CONFIRMED  OR  SUSPECTED  CASES  OF  FIREARM
 VIOLENCE;  (B)  ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING
 PROGRAM FOR ALL NURSING, MEDICAL, SOCIAL WORK AND OTHER CLINICAL PERSON-
 NEL, AND SECURITY PERSONNEL WORKING IN HOSPITAL SERVICE UNITS  REGARDING
 THE  POLICIES  AND  PROCEDURES ESTABLISHED PURSUANT TO THIS SECTION; AND
 (C) DESIGNATE A STAFF MEMBER TO CONTACT PSYCHIATRIC SERVICES  IDENTIFIED
 BY  THE  COMMISSIONER  UNDER  SUBDIVISION FOUR OF THIS SECTION PROVIDING
 VICTIM ASSISTANCE TO THE GEOGRAPHIC AREA  SERVED  BY  SUCH  HOSPITAL  TO
 ESTABLISH THE COORDINATION OF SERVICES TO FIREARM VIOLENCE VICTIMS.
   3. UPON DISCHARGE FROM TREATMENT OF A CONFIRMED OR SUSPECTED VICTIM OF
 FIREARM  VIOLENCE,  SUCH  HOSPITAL SHALL ADVISE THE VICTIM OF THE AVAIL-
 ABILITY OF PSYCHIATRIC SERVICES RELATING TO FIREARM  VIOLENCE.  IF  SUCH
 FIREARM  VIOLENCE  VICTIM  REQUESTS  PSYCHIATRIC  SERVICES  RELATING  TO
 FIREARM VIOLENCE, SUCH HOSPITAL SHALL INITIATE THE COORDINATION OF  SUCH
 SERVICES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10353-04-3
              

 A. 6125--A                          2
 
   4. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
 BE  NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY THE PROVISIONS OF THIS
 SECTION. PRIOR TO PROMULGATING SUCH RULES AND REGULATIONS,  THE  COMMIS-
 SIONER  SHALL  CONSULT WITH THE NEW YORK STATE FIREARM VIOLENCE RESEARCH
 INSTITUTE  AND OTHER SUCH ENTITIES AND PERSONS AS THE COMMISSIONER DEEMS
 NECESSARY TO DEVELOP A MODEL POLICY FOR HOSPITALS TO UTILIZE IN  COMPLY-
 ING  WITH THIS SECTION AND TO IDENTIFY ORGANIZATIONS PROVIDING PSYCHIAT-
 RIC SERVICES RELATING TO FIREARM VIOLENCE OPERATING IN  EACH  HOSPITAL'S
 GEOGRAPHIC  AREA,  A  LIST  OF  WHICH  THE COMMISSIONER SHALL PROVIDE TO
 HOSPITALS WITH THE MODEL POLICY.
   § 2. This act shall take effect on the ninetieth day  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.