Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2024 |
referred to mental health |
May 18, 2023 |
referred to mental health |
Senate Bill S7151
2023-2024 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Mental Health 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
Actions
2023-S7151 (ACTIVE) - Details
2023-S7151 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7151 SPONSOR: PARKER TITLE OF BILL: An act to amend the mental hygiene law, in relation to restraint of individuals in facilities under the jurisdiction of the office of mental health PURPOSE: This bill would amend the Mental Hygiene Law (MHL) by establishing a new Section 33.10 that would govern the use of restraint and seclusion in facilities under the jurisdiction of the Office of Mental Health (OMH). The bill would remove references to OMH facilities from Mental Hygiene Law Section 33.04. SUMMARY OF PROVISIONS: Section 1 of the bill would remove mental health facilities under the jurisdiction of OMH from the provisions of MHL § 33.04 and provides that restraint in such facilities will be governed by MHL § 33.10
2023-S7151 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7151 2023-2024 Regular Sessions I N S E N A T E May 18, 2023 ___________ Introduced by Sen. PARKER -- 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 restraint of individuals in facilities under the jurisdiction of the office of mental health THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 33.04 of the mental hygiene law, as added by chapter 779 of the laws of 1977 and such section as renum- bered by chapter 334 of the laws of 1980, is amended to read as follows: (a) As used in this section, "restraint" means the use of an apparatus on a patient which prevents the free movement of both arms or both legs or which totally immobilizes such patient, and which the patient is unable to remove easily, PROVIDED, HOWEVER, THAT RESTRAINT IN FACILITIES LICENSED OR OPERATED BY THE OFFICE OF MENTAL HEALTH SHALL BE AUTHORIZED AND IMPLEMENTED IN ACCORDANCE WITH SECTION 33.10 OF THIS ARTICLE, WHICH SHALL FULLY SUPERSEDE THE PROVISIONS OF THIS SECTION WITH RESPECT TO SUCH FACILITIES. § 2. The mental hygiene law is amended by adding a new section 33.10 to read as follows: § 33.10 RESTRAINT AND SECLUSION IN FACILITIES LICENSED OR OPERATED BY THE OFFICE OF MENTAL HEALTH. (A) APPLICABILITY. THIS SECTION SHALL APPLY TO HOSPITALS AND RESIDEN- TIAL TREATMENT FACILITIES FOR CHILDREN AND YOUTH, AS BOTH TERMS ARE DEFINED IN SECTION 1.03 OF THIS CHAPTER, AND SECURE TREATMENT FACILITIES AS DEFINED IN SECTION 10.03 OF THIS CHAPTER, THAT ARE CERTIFIED OR OPER- ATED BY THE OFFICE OF MENTAL HEALTH. UNLESS SPECIFICALLY AUTHORIZED IN REGULATIONS ESTABLISHING ANY OTHER PROGRAM CATEGORY GOVERNED BY THE OFFICE OF MENTAL HEALTH, THE USE OF RESTRAINT OR SECLUSION IS NOT PERMITTED. (B) DEFINITIONS. FOR PURPOSES OF THIS SECTION: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07992-01-3
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