S3745-2011 Actions

• May 2, 2011: SUBSTITUTED BY A4731
• Apr 13, 2011: ADVANCED TO THIRD READING
• Apr 12, 2011: 2ND REPORT CAL.
• Apr 11, 2011: 1ST REPORT CAL.336
• Mar 3, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S3745-2011 Meetings

S3745-2011 Calendars

S3745-2011 Votes

S3745-2011 Memo

BILL NUMBER:S3745

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to prohibiting co-mingling
of adolescent and adult patients in residential facilities

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit co-mingling of children
and adolescent with adult patients in department run residential
facilities such as hospitals.

SUMMARY OF SPECIFIC PROVISIONS:
Section 7.09 of the mental hygiene
law is amended by adding subdivision (k) which would mandate the
commissioner to promulgate rules and regulations prohibiting the
co-mingling of children and adolescent with adult patients in
residential facilities operated by the department and, programs
subject to an operating certificate from the department. These rules
shall address age specific concerns and needs of patients including
procedures for appropriate age and program separation, preventive and
remedial actions including incident reporting to be take to prevent
incidents of abuse or maltreatment, and security requirements to
insure the health and safety of children, adolescent and adult
patients.

JUSTIFICATION:
This legislation would mandate that the commissioner of
mental health create rules and regulations for age appropriate
separation of patients in residential facilities operated by the
department and programs subject to operating certificates. The aim of
separation is to ensure the health and safety of children,
adolescent, and adult patients in such facilities.

PRIOR LEGISLATIVE HISTORY:
2008: S.8315 - Referred to Rules/A.11209 - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, provided that the rules and regulations
required by section one of this act shall be issued on the 120th day
after enactment of this act and provided further that 30 days prior
to such issuance, the commissioner of mental health shall submit the
required ruled and regulations to the governor, the speaker of the
assembly and the majority leader of the senate for their review.

S3745-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3745
 2011-2012 Regular Sessions
 I N  SENATE
 March 3, 2011
 
 Introduced  by  Sen.  LANZA  -- 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  prohibiting
 co-mingling of adolescent and adult patients in residential facilities
 

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

 

Section 1.

Section 7.09 of the mental hygiene law is amended by adding
 a new subdivision (k) to read as follows:

 (K) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  PROHIBIT
 ING  THE  CO-MINGLING  OF  ADOLESCENT  AND ADULT PATIENTS IN RESIDENTIAL
 FACILITIES OPERATED BY THE OFFICE AND PROGRAMS SUBJECT TO  AN  OPERATING
 CERTIFICATE  PURSUANT  TO SECTION 31.02 OF THIS CHAPTER.  SUCH RULES AND
 REGULATIONS SHALL ADDRESS AGE SPECIFIC CONCERNS AND  NEEDS  OF  PATIENTS
 AND  SHALL  INCLUDE  BUT NOT BE LIMITED TO: PROTOCOLS AND PROCEDURES FOR
 APPROPRIATE AGE AND PROGRAM SEPARATION IN BOTH RESIDENTIAL AND TREATMENT
 PROGRAMS; PREVENTIVE AND REMEDIAL ACTIONS, INCLUDING INCIDENT REPORTING,
 TO BE TAKEN TO PREVENT INCIDENTS OF ABUSE OR MALTREATMENT; AND  SECURITY
 REQUIREMENTS NECESSARY TO INSURE THE HEALTH AND SAFETY OF ADOLESCENT AND
 ADULT PATIENTS.
 

S  2. This act shall take effect immediately; provided, that any rules
 and regulations necessary to implement the provisions of section one  of
 this  act shall be promulgated within one hundred twenty days after this
 act shall take effect and, provided further that 30 days prior  to  such
 promulgation,  the  commissioner  of  mental  health  shall  submit  the
 required rules and regulations to the governor, the temporary  president
 of the senate and the speaker of the assembly for their review.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04514-01-1

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