S3622-2011 Actions

• Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
• Feb 28, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S3622-2011 Memo

BILL NUMBER:S3622

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to out-patient treatment

PURPOSE:
The purpose of this bill is to prohibit a mental health care
professional from treating a violent patient in a residential building.

SUMMARY OF PROVISIONS:
This bill intends to amend a new article into the New York State
Mental Hygiene Law. Article 30 � 30.01 out-patient treatment, will
prohibit a mental health care professional of treating a violent
patient in a residential building.

The terms in this section shall have the following meanings;
"residential building "shall mean any property on which a building or
structure exist containing more than one independent dwelling unit or
were more than one-third of the total square footage of said
structure is to be used for residential purpose; "mental health care
professionals" shall mean any qualified psychiatrist licensed
pursuant to section seventy-six hundred three of the education law or
certified psychologist licensed pursuant to article one hundred fifty
three of the education law;
"violent patient" shall mean any person receiving mental health care,
who, in view of his/her treatment history and current behavior, is
likely to cause serious harm to his/her self or others; "likelihood
of serious harm" shall mean anything that may fall under these tree
categories.
1. Substantial risk of physical to other people as
manifested by threats of or attempts at suicide or serious bodily
harm or other conduct demonstrating that the patient is dangerous to
his/her self.
2. Substantial risk of physical harm to other people as manifested by
homicidal or other violent behavior by which others are placed in
reasonable fear of serious physical harm.
3. The patient has a
history involving one or more acts of serious violent behavior toward
his or her self or others within the last forty-eight months.

EXISTING LAW:
New law.

JUSTIFICATION:
When a mental health care professional treats a violent patient in a
residential building, the amount of danger that they put themselves
in and everyone in the building or dwelling is very high. It's unsafe
for someone who has had a history of violence to be treated in a
place where there aren't any personnel trained to deal with these
patients aggressive outbursts. In establishing the prohibition of
out-patient treatment for those who are considering violent patient,
we ensure the safety of those mental care professionals who are
treating them and those people in the surrounding environment.

PRIOR LEGISLATIVE HISTORY:


S.945 (2010)  Held in Mental Health & Developmental Disabilities
S.7107 (2008)
03/07/08 Referred to Mental Health & Developmental Disabilities

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S3622-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3622
 2011-2012 Regular Sessions
 I N  SENATE
 February 28, 2011
 
 Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health and Develop
 mental Disabilities
 

AN ACT to amend the mental  hygiene  law,  in  relation  to  out-patient
 treatment
 

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  article
 30 to read as follows:

 ARTICLE 30
 OUT-PATIENT TREATMENT
 SECTION 30.01 OUT-PATIENT TREATMENT.
 

S 30.01 OUT-PATIENT TREATMENT.
 (A)  A  MENTAL  HEALTH CARE PROFESSIONAL IS PROHIBITED FROM TREATING A
 VIOLENT PATIENT IN AN OFFICE LOCATED IN A RESIDENTIAL BUILDING.
 (B) FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:

 1.  "RESIDENTIAL  BUILDING"  SHALL  MEAN  PROPERTY,  ON WHICH EXISTS A
 BUILDING OR STRUCTURE CONTAINING MORE THAN ONE INDEPENDENT DWELLING UNIT
 OR WHERE MORE THAN ONE-THIRD OF THE TOTAL SQUARE FOOTAGE OF SAID  STRUC
 TURE IS TO BE USED FOR RESIDENTIAL PURPOSES;
 2. "MENTAL HEALTH CARE PROFESSIONALS" SHALL MEAN ANY QUALIFIED PSYCHI
 ATRIST  LICENSED  PURSUANT  TO  SECTION SEVENTY-SIX HUNDRED THREE OF THE
 EDUCATION LAW OR CERTIFIED PSYCHOLOGISTS LICENSED  PURSUANT  TO  ARTICLE
 ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW;
 3.  "VIOLENT  PATIENT"  SHALL  MEAN ANY PERSON RECEIVING MENTAL HEALTH
 CARE, WHO, IN VIEW OF HIS OR HER TREATMENT HISTORY AND CURRENT BEHAVIOR,
 IS LIKELY TO CAUSE SERIOUS HARM TO HIS OR HER SELF OR OTHERS;
 4. "LIKELIHOOD OF SERIOUS HARM" SHALL MEAN:

 (I) SUBSTANTIAL RISK OF PHYSICAL HARM TO OTHER PERSONS  AS  MANIFESTED
 BY  THREATS  OF  OR  ATTEMPTS AT SUICIDE OR SERIOUS BODILY HARM OR OTHER
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07537-01-1
 
       S. 3622                             2
 CONDUCT DEMONSTRATING THAT THE PATIENT IS DANGEROUS TO HIS OR HER  SELF,
 OR
 (II)  A  SUBSTANTIAL  RISK  OF PHYSICAL HARM TO OTHER PERSONS AS MANI
 FESTED BY HOMICIDAL OR OTHER VIOLENT BEHAVIOR BY WHICH OTHERS ARE PLACED
 IN REASONABLE FEAR OF SERIOUS PHYSICAL HARM, OR
 (III) THE PATIENT HAS A HISTORY INVOLVING ONE OR MORE ACTS OF  SERIOUS
 VIOLENT  BEHAVIOR  TOWARD  HIS  OR  HER  SELF  OR OTHERS WITHIN THE LAST
 FORTY-EIGHT MONTHS.
 

S 2. This act shall take effect immediately.

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