Bill S5260-2015

Relates to examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than eighty thousand

Relates to examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than eighty thousand.

Details

Actions

  • Jun 15, 2015: SUBSTITUTED BY A6529
  • Jun 9, 2015: ADVANCED TO THIRD READING
  • Jun 8, 2015: 2ND REPORT CAL.
  • Jun 3, 2015: 1ST REPORT CAL.1316
  • May 11, 2015: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - Jun 3, 2015
Ayes (11): Ortt, Carlucci, Felder, Hannon, Murphy, Serino, Seward, Hamilton, Krueger, Rivera, Serrano

Memo

BILL NUMBER:S5260

TITLE OF BILL: An act to amend the mental hygiene law, in relation to examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than eighty thousand

PURPOSE OR GENERAL IDEA OF BILL:

Allows for the use of a psychiatrist employed by the state to provide the examination for and testify in court during "Kendra's Law" hearings in counties with a population under 80,000.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1.Amends paragraph 4 of subdivision (e) of section 9.60 of the Mental Hygiene law, to raise from 75,000 to 80,000, the maximum population for counties in which a psychiatrist who is an employee of the Office of Mental Health may be provided for the purpose of filing an affirmation or affidavit under "Kendra's Law."

Section 2.Effective date.

JUSTIFICATION:

Kendra's Law requires a psychiatrist to be in court for hearings scheduled by the judge within 72 hours of a petition being filed. This can be a nearly insurmountable problem in rural counties where there may be a limited number of psychiatrists. In 2005, when Kendra's Law was extended, the legislature included a provision that allowed the Office of Mental Health (OMH) to provide counties with populations under 75,000 a psychiatrist for the purpose of filing an affirmation or affidavit. This population threshold has never been increased.

The legislature passed a bill in 2013 that would have required OMH to provide a psychiatrist to counties with populations under 80,000. However, the bill was vetoed due to budgetary concerns. This bill does not place a mandate on OMH; it simply authorizes OMH to provide assistance to rural counties.

PRIOR LEGISLATIVE HISTORY:

2013: A5954/S5005 Veto No. 262 (similar)

FISCAL IMPLICATIONS TO STATE GOVERNMENT:

There would be no additional required spending by the state.

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that the amendments to paragraph 4 of subdivision (e) of section 9.60 of the

mental hygiene law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 5260 2015-2016 Regular Sessions IN SENATE May 11, 2015 ___________
Introduced by Sen. BONACIC -- 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 examination of persons ordered to obtain assisted outpatient treatment in counties with a population of less than eighty thousand THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 4 of subdivision (e) of section 9.60 of the mental hygiene law, as added by chapter 158 of the laws of 2005, is amended to read as follows: (4) In counties with a population of less than [seventy-five] EIGHTY thousand, the affirmation or affidavit required by paragraph three of this subdivision may be made by a physician who is an employee of the office. The office is authorized to make available, at no cost to the county, a qualified physician for the purpose of making such affirmation or affidavit consistent with the provisions of such paragraph. S 2. This act shall take effect immediately; provided, however, that the amendments to paragraph 4 of subdivision (e) of section 9.60 of the mental hygiene law made by section one of this act shall not affect the repeal of such section and shall be deemed repealed therewith.

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