Prohibits a mental health care professional from treating a violent patient in a residential building.
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.
STATE OF NEW YORK ________________________________________________________________________ 3622 2011-2012 Regular Sessions IN 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 OTHEREXPLANATION--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.