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

                                  8325

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 13, 2011
                               ___________

Introduced  by M. of A. ORTIZ, LENTOL, BING -- read once and referred to
  the Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to the reporting  of
  crimes at mental hygiene facilities

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

  Section 1. Subdivision (b) of section 7.21 of the mental hygiene  law,
as  amended  by  chapter  789 of the laws of 1985, is amended to read as
follows:
  (b) Such director shall have the responsibility of seeing  that  there
is  humane  treatment of the patients at his facility and shall investi-
gate every case of alleged patient abuse or mistreatment.  The  director
shall  notify  immediately,  and in any event within three working days,
the board of visitors of the  facility  and  the  mental  hygiene  legal
service located in the same judicial department as the hospital, school,
or  institution  of every complaint of patient abuse or mistreatment and
shall inform the board and the  mental  hygiene  legal  service  of  the
results  of  his investigation. If it appears that a crime may have been
committed, the director shall give notice thereof to the district attor-
ney or other appropriate law enforcement official as soon  as  possible,
and  in  any  event within three working days UNLESS IT APPEARS THAT THE
CRIME INCLUDES AN EMPLOYEE, INTERN, VOLUNTEER,  CONSULTANT,  CONTRACTOR,
OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT
WAS  SUBJECT  TO UNAUTHORIZED SEXUAL CONTACT, OR IF IT APPEARS THE CRIME
IS ENDANGERING THE WELFARE OF  AN  INCOMPETENT  OR  PHYSICALLY  DISABLED
PERSON  PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS
ANY FELONY UNDER STATE OR FEDERAL LAW, THEN  THE  DISTRICT  ATTORNEY  OR
OTHER  APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATE-
LY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13055-02-1

A. 8325                             2
              

  S 2. Subdivision (b) of section 13.21 of the mental  hygiene  law,  as
amended  by  chapter  789  of  the  laws  of 1985, is amended to read as
follows:
  (b)  Such  director shall have the responsibility of seeing that there
is humane treatment of the patients at his facility and  shall  investi-
gate  every  case of alleged patient abuse or mistreatment. The director
shall notify immediately, and in any event within three working days the
board of visitors of the facility and the mental hygiene  legal  service
located  in  the  same  judicial  department  as the hospital, school or
institution of every complaint of  patient  abuse  or  mistreatment  and
shall  inform  the  board  and  the  mental hygiene legal service of the
results of his investigation. If it appears that a crime may  have  been
committed, the director shall give notice thereof to the district attor-
ney  or  other appropriate law enforcement official as soon as possible,
and in any event within three working days UNLESS IT  APPEARS  THAT  THE
CRIME  INCLUDES  AN EMPLOYEE, INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR,
OR VISITOR AND THE ALLEGED CONDUCT CAUSED PHYSICAL INJURY OR THE PATIENT
WAS SUBJECT TO UNAUTHORIZED SEXUAL CONTACT, OR IF IT APPEARS  THE  CRIME
IS  ENDANGERING  THE  WELFARE  OF  AN INCOMPETENT OR PHYSICALLY DISABLED
PERSON PURSUANT TO SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME  WAS
ANY  FELONY  UNDER  STATE  OR FEDERAL LAW, THEN THE DISTRICT ATTORNEY OR
OTHER APPROPRIATE LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED  IMMEDIATE-
LY, AND IN ANY EVENT NO LATER THAN TWENTY-FOUR HOURS.
  S  3.  Subdivision  (b) of section 16.13 of the mental hygiene law, as
amended by chapter 435 of the laws  of  2005,  is  amended  to  read  as
follows:
  (b)  Making  such  reports as are necessary to provide notification to
the district attorney or other appropriate law enforcement official  and
the  commissioner  or  his  or  her authorized representative as soon as
possible, or in any event within three working days, if it appears  that
a crime may have been committed against a client receiving services from
such  provider,  UNLESS  IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE,
INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR  AND  THE  ALLEGED
CONDUCT  CAUSED  PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHOR-
IZED SEXUAL CONTACT, OR IF IT  APPEARS  THE  CRIME  IS  ENDANGERING  THE
WELFARE  OF  AN  INCOMPETENT  OR  PHYSICALLY DISABLED PERSON PURSUANT TO
SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS  ANY  FELONY  UNDER
STATE  OR  FEDERAL  LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE
LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATELY, AND IN ANY EVENT
NO LATER THAN TWENTY-FOUR HOURS and  such  other  reports,  uniform  and
otherwise,  as are required by the commissioner or his or her authorized
representative with respect to its operations. If  there  is  reasonable
cause  to believe that the crime against the client may have occurred in
a facility or program of any other service provider licensed, certified,
funded or operated by a state agency, the administrator or chief  execu-
tive  officer  of  such other service provider shall also be notified as
soon as possible, or in any event within three  working  days.  Provided
however, nothing herein shall require such report to an administrator or
chief  executive  officer of a provider who is alleged to have committed
the crime. The commissioner may execute a  memorandum  of  understanding
with the commissioners of other appropriate state agencies to ensure the
cost-effective coordination and cooperation of such agencies and provid-
ers  of  services  with  regard  to the conduct of any investigation and
prevention of unnecessary duplicative investigations resulting from  the
report  of  an  alleged  crime  that  may have occurred in a facility or
program of another service provider. Information obtained by the commis-

A. 8325                             3

sioner or the commission on quality of care for  the  mentally  disabled
from  the  records of clients receiving services shall be kept confiden-
tial in accordance with the provisions of this article.
  S  4.  Subdivision  2  of  section 31.11 of the mental hygiene law, as
amended by chapter 435 of the laws  of  2005,  is  amended  to  read  as
follows:
  2. making such reports as are necessary to provide notification to the
district  attorney or other appropriate law enforcement official and the
commissioner or his or her authorized representative as soon  as  possi-
ble,  or  in  any  event within three working days, if it appears that a
crime may have been committed against a patient receiving services  from
such  provider,  UNLESS  IT APPEARS THAT THE CRIME INCLUDES AN EMPLOYEE,
INTERN, VOLUNTEER, CONSULTANT, CONTRACTOR, OR VISITOR  AND  THE  ALLEGED
CONDUCT  CAUSED  PHYSICAL INJURY OR THE PATIENT WAS SUBJECT TO UNAUTHOR-
IZED SEXUAL CONTACT, OR IF IT  APPEARS  THE  CRIME  IS  ENDANGERING  THE
WELFARE  OF  AN  INCOMPETENT  OR  PHYSICALLY DISABLED PERSON PURSUANT TO
SECTION 260.25 OF THE PENAL LAW, OR IF THE CRIME WAS  ANY  FELONY  UNDER
STATE  OR  FEDERAL  LAW, THEN THE DISTRICT ATTORNEY OR OTHER APPROPRIATE
LAW ENFORCEMENT OFFICIAL MUST BE CONTACTED IMMEDIATELY, AND IN ANY EVENT
NO LATER THAN TWENTY-FOUR HOURS and  such  other  reports,  uniform  and
otherwise,  as are required by the commissioner or his or her authorized
representative with respect to its operations. If  there  is  reasonable
cause  to believe that the crime against the client may have occurred in
a facility or program of any other service provider licensed, certified,
funded or operated by a state agency, the administrator or chief  execu-
tive  officer  of  such other service provider shall also be notified as
soon as possible, or in any event within three  working  days.  Provided
however, nothing herein shall require such report to an administrator or
chief  executive  officer of a provider who is alleged to have committed
the crime. The commissioner may execute a  memorandum  of  understanding
with the commissioners of other appropriate state agencies to ensure the
coordination  and cooperation of such agencies and providers of services
with regard to the conduct of any investigation and prevention of unnec-
essary duplicative  investigations  resulting  from  the  report  of  an
alleged crime that may have occurred in a facility or program of another
service  provider.  Information  obtained  by  the  commissioner  or the
commission on quality of care for the mentally disabled from the records
of patients receiving services shall be kept confidential in  accordance
with the provisions of this chapter.
  S  5.  This  act  shall take effect on the sixtieth day after it shall
have become a law.