NY State Senate Bill 2011-S5678

Senate Bill S5678

Signed By Governor

2011-2012 Legislative Session

Prohibits co-mingling of adolescent and adult patients in certain hospitals licensed by the office of mental health; repealer

download bill text pdf

Archive: Last Bill Status Via A8357 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2011	signed chap.188
Jul 08, 2011	delivered to governor
Jun 20, 2011	returned to assembly passed senate 3rd reading cal.1399 substituted for s5678
Jun 20, 2011	substituted by a8357 ordered to third reading cal.1399 committee discharged and committed to rules
Jun 10, 2011	referred to mental health and developmental disabilities

Votes

- Jun 20, 2011 - Floor Vote
  A8357
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 20, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 20, 2011 - Rules Committee Vote
  S5678
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 20, 2011
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins

2011-S5678 (ACTIVE) - Details

See Assembly Version of this Bill:: A8357
Law Section:: Mental Hygiene Law
Laws Affected:: Rpld §7.09 sub (k), amd §31.04, Ment Hyg L; amd §2, Chap of 2011 (as proposed in S.3745/A.4731)

2011-S5678 (ACTIVE) - Summary

Prohibits co-mingling of adolescent and adult patients in certain hospitals licensed by the office of mental health.

2011-S5678 (ACTIVE) - Sponsor Memo

2011-S5678 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5678

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 10, 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 certain hospitals
  licensed by the office of mental health; and to amend a chapter of the
  laws of 2011, amending the mental hygiene law relating to  prohibiting
  co-mingling  of  adolescent  and adult patients in residential facili-
  ties, as proposed in legislative bills numbers S.3745 and  A.4731,  in
  relation  to  the effectiveness thereof; and to repeal subdivision (k)
  of section 7.09 of the mental hygiene law relating thereto

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

  Section  1. Subdivision (k) of section 7.09 of the mental hygiene law,
as added by a chapter of the laws of 2011, amending the  mental  hygiene
law relating to prohibiting co-mingling of adolescent and adult patients
in  residential  facilities,  as  proposed  in legislative bills numbers
S.3745 and A.4731, is REPEALED.
  S 2. Section 2 of a chapter of the laws of 2011, amending  the  mental
hygiene  law relating to prohibiting co-mingling of adolescent and adult
patients in residential facilities, as  proposed  in  legislative  bills
numbers S.3745 and A.4731, is amended to read as follows:
  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].
  S 3. Section 31.04 of the mental hygiene law is amended  by  adding  a
new subdivision (e) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13043-01-1

S. 5678                             2

  (E)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROHIBIT-
ING THE CO-MINGLING OF  CHILDREN  AND  ADOLESCENT  PATIENTS  WITH  ADULT
PATIENTS,  IN  HOSPITALS  LICENSED  BY  THE OFFICE. SUCH RULES AND REGU-
LATIONS SHALL PROVIDE THAT CHILDREN AND ADOLESCENTS SHALL NOT BE CO-MIN-
GLED WITH ADULTS IN RESIDENTIAL AREAS OF SUCH HOSPITALS, NOR SHALL CHIL-
DREN AND ADOLESCENTS RECEIVE SERVICES IN GROUPS WHICH INCLUDE ADULTS. IN
EXTRAORDINARY  CIRCUMSTANCES,  SUCH  CO-MINGLING  MAY  BE PERMITTED UPON
WRITTEN APPROVAL OF  THE  OFFICE,  CONSIDERING  THE  CLINICAL  NEEDS  OF
PATIENTS,  AS  WELL  AS  APPLICABLE  HEALTH  AND  SAFETY CONCERNS.   THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO RESIDENTIAL  TREATMENT
FACILITIES FOR CHILDREN AND YOUTH.
  S  4.  This act shall take effect immediately; provided, however, that
section one of this act shall take effect on the same date as a  chapter
of  the  laws  of  2011,  amending    the mental hygiene law relating to
prohibiting co-mingling of adolescent and adult patients in  residential
facilities,  as proposed in legislative bills numbers S.3745 and A.4731,
takes effect; and provided further, however, that if a  chapter  of  the
laws  of  2011, amending  the mental hygiene law relating to prohibiting
co-mingling of adolescent and adult patients in residential  facilities,
as  proposed  in  legislative bills numbers S.3745 and A.4731, shall not
have taken effect on or before such date then section two  of  this  act
shall  take effect on the same date and in the same manner as such chap-
ter of the laws of 2011 takes effect.

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