A8325-2011 Actions

• Jun 20, 2011: substituted by s5795
• Jun 20, 2011: rules report cal.544
• Jun 20, 2011: reported
• Jun 17, 2011: reported referred to rules
• Jun 16, 2011: reported referred to codes
• Jun 13, 2011: referred to mental health

A8325-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8325
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 June 13, 2011
 
 Introduced  by M. of A. ORTIZ, LENTOL, BING -- read once and referred to
 the Committee on Mental Health
 

AN ACT to amend the mental hygiene law, in relation to the reporting  of
 crimes at mental hygiene facilities
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision (b) of section 7.21 of the mental hygiene  law,
 as  amended  by  chapter  789 of the laws of 1985, is amended to read as
 follows:

 (b) Such director shall have the responsibility of seeing  that  there
 is  humane  treatment of the patients at his facility and shall investi
 gate every case of alleged patient abuse or mistreatment.  The  director
 shall  notify  immediately,  and in any event within three working days,
 the board of visitors of the  facility  and  the  mental  hygiene  legal
 service located in the same judicial department as the hospital, school,
 or  institution  of every complaint of patient abuse or mistreatment and
 shall inform the board and the  mental  hygiene  legal  service  of  the
 results  of  his investigation. If it appears that a crime may have been
 committed, the director shall give notice thereof to the district attor
 ney or other appropriate law enforcement official as soon  as  possible,
 and  in  any  event within three working days UNLESS IT APPEARS THAT THE
 CRIME INCLUDES AN EMPLOYEE, INTERN, VOLUNTEER,  CONSULTANT,  CONTRACTOR,
 OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT
 WAS  SUBJECT  TO UNAUTHORIZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME
 IS ENDANGERING THE WELFARE OF  AN  INCOMPETENT  OR  PHYSICALLY  DISABLED
 PERSON  PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS
 ANY FELONY UNDER STATE OR FEDERAL LAW, THEN  THE  DISTRICT  ATTORNEY  OR
 OTHER  APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATE
 LY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13055-02-1
 
       A. 8325                             2
 

S 2. Subdivision (b) of section 13.21 of the mental  hygiene  law,  as
 amended  by  chapter  789  of  the  laws  of 1985, is amended to read as
 follows:

 (b)  Such  director shall have the responsibility of seeing that there
 is humane treatment of the patients at his facility and  shall  investi
 gate  every  case of alleged patient abuse or mistreatment. The director
 shall notify immediately, and in any event within three working days the
 board of visitors of the facility and the mental hygiene  legal  service
 located  in  the  same  judicial  department  as the hospital, school or
 institution of every complaint of  patient  abuse  or  mistreatment  and
 shall  inform  the  board  and  the  mental hygiene legal service of the
 results of his investigation. If it appears that a crime may  have  been
 committed, the director shall give notice thereof to the district attor
 ney  or  other appropriate law enforcement official as soon as possible,
 and in any event within three working days UNLESS IT  APPEARS  THAT  THE
 CRIME  INCLUDES  AN EMPLOYEE, INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR,
 OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT
 WAS SUBJECT TO UNAUTHORIZED SEXUAL CONTACT, OR IF IT APPEARS  THE  CRIME
 IS  ENDANGERING  THE  WELFARE  OF  AN INCOMPETENT OR PHYSICALLY DISABLED
 PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME  WAS
 ANY  FELONY  UNDER  STATE  OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR
 OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED  IMMEDIATE
 LY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS.
 

S  3.  Subdivision  (b) of section 16.13 of the mental hygiene law, as
 amended by chapter 435 of the laws  of  2005,  is  amended  to  read  as
 follows:

 (b)  Making  such  reports as are necessary to provide notification to
 the district attorney or other appropriate law enforcement official  and
 the  commissioner  or  his  or  her authorized representative as soon as
 possible, or in any event within three working days, if it appears  that
 a crime may have been committed against a client receiving services from
 such  provider,  UNLESS  IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE,
 INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR  AND  THE  ALLEGED
 CONDUCT  CAUSED  PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHOR
 IZED SEXUAL CONTACT, OR IF IT  APPEARS  THE  CRIME  IS  ENDANGERING  THE
 WELFARE  OF  AN  INCOMPETENT  OR  PHYSICALLY DISABLED PERSON PURSUANT TO
 SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS  ANY  FELONY  UNDER
 STATE  OR  FEDERAL  LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE
 LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATELY, AND IN ANY EVENT
 NO LATER THAN TWENTY-FOUR HOURS and  such  other  reports,  uniform  and
 otherwise,  as are required by the commissioner or his or her authorized
 representative with respect to its operations. If  there  is  reasonable
 cause  to believe that the crime against the client may have occurred in
 a facility or program of any other service provider licensed, certified,
 funded or operated by a state agency, the administrator or chief  execu
 tive  officer  of  such other service provider shall also be notified as
 soon as possible, or in any event within three  working  days.  Provided
 however, nothing herein shall require such report to an administrator or
 chief  executive  officer of a provider who is alleged to have committed
 the crime. The commissioner may execute a  memorandum  of  understanding
 with the commissioners of other appropriate state agencies to ensure the
 cost-effective coordination and cooperation of such agencies and provid
 ers  of  services  with  regard  to the conduct of any investigation and
 prevention of unnecessary duplicative investigations resulting from  the
 report  of  an  alleged  crime  that  may have occurred in a facility or
 program of another service provider. Information obtained by the commis
 
       A. 8325                             3
 sioner or the commission on quality of care for  the  mentally  disabled
 from  the  records of clients receiving services shall be kept confiden
 tial in accordance with the provisions of this article.
 

S  4.  Subdivision  2  of  section 31.11 of the mental hygiene law, as
 amended by chapter 435 of the laws  of  2005,  is  amended  to  read  as
 follows:

 2. making such reports as are necessary to provide notification to the
 district  attorney or other appropriate law enforcement official and the
 commissioner or his or her authorized representative as soon  as  possi
 ble,  or  in  any  event within three working days, if it appears that a
 crime may have been committed against a patient receiving services  from
 such  provider,  UNLESS  IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE,
 INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR  AND  THE  ALLEGED
 CONDUCT  CAUSED  PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHOR
 IZED SEXUAL CONTACT, OR IF IT  APPEARS  THE  CRIME  IS  ENDANGERING  THE
 WELFARE  OF  AN  INCOMPETENT  OR  PHYSICALLY DISABLED PERSON PURSUANT TO
 SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS  ANY  FELONY  UNDER
 STATE  OR  FEDERAL  LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE
 LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATELY, AND IN ANY EVENT
 NO LATER THAN TWENTY-FOUR HOURS and  such  other  reports,  uniform  and
 otherwise,  as are required by the commissioner or his or her authorized
 representative with respect to its operations. If  there  is  reasonable
 cause  to believe that the crime against the client may have occurred in
 a facility or program of any other service provider licensed, certified,
 funded or operated by a state agency, the administrator or chief  execu
 tive  officer  of  such other service provider shall also be notified as
 soon as possible, or in any event within three  working  days.  Provided
 however, nothing herein shall require such report to an administrator or
 chief  executive  officer of a provider who is alleged to have committed
 the crime. The commissioner may execute a  memorandum  of  understanding
 with the commissioners of other appropriate state agencies to ensure the
 coordination  and cooperation of such agencies and providers of services
 with regard to the conduct of any investigation and prevention of unnec
 essary duplicative  investigations  resulting  from  the  report  of  an
 alleged crime that may have occurred in a facility or program of another
 service  provider.  Information  obtained  by  the  commissioner  or the
 commission on quality of care for the mentally disabled from the records
 of patients receiving services shall be kept confidential in  accordance
 with the provisions of this chapter.
 

S  5.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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