NY State Senate Bill 2023-S7969

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2024	referred to mental health

co-Sponsors

2023-S7969 (ACTIVE) - Details

See Assembly Version of this Bill:: A4377
Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Add §9.42, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7424
2017-2018: S775, A6849
2019-2020: S2372, A4847
2021-2022: S3475, A272

2023-S7969 (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.

2023-S7969 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7969

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to the protection of
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 communi-
cates a threat of serious, imminent harm to self or against an identifi-
able person or persons. Reasonable efforts, for purposes of this stat-

ute, would include modifying the aspects of treatment in order to reduce
or eliminate the risk of harm, initiating procedures for hospitaliza-
tion, notifying the intended victim or victims, or notifying law
enforcement officials. This section also immunizes a mental health prac-
titioner 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, front-
line 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:

2021-22: S3475/A272 - Referred to Mental Health

2019-20: S2372/A4847 - Referred to Mental Health

2017-18: S775A/A6849 - AMENDED TO MENTAL HEALTH/mental health

2015-16: S7424/A9484 - mental health/mental health
 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7969 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7969
 
                             I N  S E N A T E
 
                              January 4, 2024
                                ___________
 
 Introduced  by  Sens.  PARKER, O'MARA -- 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 the protection of
   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:
 § 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 MAY 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: MODIFY-
 ING 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-
 ABLE PROFESSIONAL JUDGMENT, WOULD ENDANGER SUCH  MENTAL  HEALTH  PRACTI-
 TIONER OR INCREASE THE DANGER TO A POTENTIAL VICTIM OR VICTIMS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05477-01-3

 S. 7969                             2
 
   (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.
   § 2. This act shall take effect immediately.

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Senate Bill S7969

Sponsored By

Current Bill Status - In Senate Committee Mental Health Committee

co-Sponsors

2023-S7969 (ACTIVE) - Details

2023-S7969 (ACTIVE) - Summary

2023-S7969 (ACTIVE) - Sponsor Memo

2023-S7969 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7969

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Mental Health Committee

co-Sponsors

Thomas F. O'Mara

2023-S7969 (ACTIVE) - Details

2023-S7969 (ACTIVE) - Summary

2023-S7969 (ACTIVE) - Sponsor Memo

2023-S7969 (ACTIVE) - Bill Text download pdf

Comments