Prohibits the co-mingling of adolescent and adult patients in office of mental health run residential facilities.
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.
STATE OF NEW YORK ________________________________________________________________________ 3745 2011-2012 Regular Sessions IN 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