STATE OF NEW YORK
        ________________________________________________________________________

                                         9113--A

                    IN SENATE

                                       May 9, 2022
                                       ___________

        Introduced  by Sens. SKOUFIS, LIU -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to amend the civil practice law and rules, the executive law, the
          penal law and the mental  hygiene  law,  in  relation  to  authorizing
          certain  health  care  providers to file an application for an extreme
          risk protection order against a person who was examined by such health
          care provider in certain circumstances

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 6340 of the civil practice law and
     2  rules, as added by chapter 19 of the laws of 2019, is amended to read as
     3  follows:
     4    2.  "Petitioner"  means:  (a)  a police officer, as defined in section
     5  1.20 of the criminal procedure law, or district attorney with  jurisdic-
     6  tion  in  the  county or city where the person against whom the order is
     7  sought resides; (b) a family or household member, as defined in subdivi-
     8  sion two of section four hundred fifty-nine-a  of  the  social  services
     9  law,  of  the person against whom the order is sought; [or] (c) a school
    10  administrator as defined in section eleven hundred  twenty-five  of  the
    11  education  law,  or  a school administrator's designee, of any school in
    12  which the person against whom the order is sought is currently  enrolled
    13  or  has been enrolled in the six months immediately preceding the filing
    14  of the petition; or (d) a  licensed  physician,  licensed  psychiatrist,
    15  licensed  psychologist, registered nurse, licensed clinical social work-
    16  er, certified clinical nurse specialist, certified  nurse  practitioner,
    17  licensed clinical marriage and family therapist, registered professional
    18  nurse, licensed master social worker or licensed mental health counselor
    19  who  has  treated the person against whom the order is sought in the six
    20  months immediately preceding the filing of the petition.   For  purposes
    21  of  this article, a school administrator's designee shall be employed at
    22  the same school as the school administrator and  shall  be  any  of  the
    23  following  who  has  been  designated in writing to file a petition with

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15458-05-2

        S. 9113--A                          2

     1  respect to the person against whom the order is sought: a school  teach-
     2  er,  school guidance counselor, school psychologist, school social work-
     3  er, school nurse, or other school personnel required to hold a  teaching
     4  or  administrative license or certificate, and full or part-time compen-
     5  sated school employee required to hold a temporary coaching  license  or
     6  professional coaching certificate.
     7    §  2.  Section  6341  of the civil practice law and rules, as added by
     8  chapter 19 of the laws of 2019, is amended to read as follows:
     9    § 6341. Application for an extreme risk protection order.  In  accord-
    10  ance  with  this  article,  a  petitioner may file an application, which
    11  shall be sworn, and accompanying supporting documentation, setting forth
    12  the facts and circumstances justifying the issuance of an  extreme  risk
    13  protection  order.  Provided, however, that a petitioner who is a police
    14  officer or district  attorney  shall  file  such  application  upon  the
    15  receipt  of  credible information that an individual is likely to engage
    16  in conduct that would result in serious  harm  to  himself,  herself  or
    17  others, as defined in paragraph one or two of subdivision (a) of section
    18  9.39  of  the mental hygiene law, unless such petitioner determines that
    19  there is no  probable  cause  for  such  filing.  Such  application  and
    20  supporting  documentation  shall  be  filed  in the supreme court in the
    21  county in which the respondent resides. The chief administrator  of  the
    22  courts  shall adopt forms that may be used for purposes of such applica-
    23  tions and the court's consideration of such applications. Such  applica-
    24  tion  form  shall include inquiry as to whether the petitioner knows, or
    25  has reason to believe, that the respondent owns, possesses or has access
    26  to a firearm, rifle or shotgun and if so, a request that the  petitioner
    27  list  or describe such firearms, rifles and shotguns, and the respective
    28  locations thereof, with as much specificity as possible.
    29    § 3. The civil practice law and rules  is  amended  by  adding  a  new
    30  section 6348 to read as follows:
    31    §  6348. Protections for health care providers applying for an extreme
    32  risk protection order.  1. (a) Notwithstanding the privileges set  forth
    33  in  article forty-five of this chapter, or any other provision of law to
    34  the contrary, a health care provider authorized under paragraph  (d)  of
    35  subdivision  two of section sixty-three hundred forty of this article to
    36  file an application for an  extreme  risk  protection  order  against  a
    37  person  such  health  care  provider has examined shall, upon filing any
    38  application for an extreme  risk  protection  order,  be  authorized  to
    39  disclose  protected  health information, of the person against whom such
    40  order is sought as are necessary for the full investigation and disposi-
    41  tion of such application for an extreme risk protection order under this
    42  article. When disclosing protected health information, such health  care
    43  provider  shall make reasonable efforts to limit protected health infor-
    44  mation to the minimum necessary to accomplish the filing of the applica-
    45  tion.
    46    (b) Upon receipt of a petition by any health care provider  identified
    47  in paragraph (a) of this subdivision and for good cause shown, the court
    48  may  issue orders as may be necessary to obtain any records or documents
    49  relating to diagnosis, prognosis or treatment, and clinical records,  of
    50  the  patient  against  whom the order is sought as are necessary for the
    51  full investigation and disposition of an application for an extreme risk
    52  protection order under this article.  All such records and other  health
    53  information provided shall be sealed by the court.
    54    2.  The  decision of any health care provider described in subdivision
    55  one of this section to disclose or not to disclose records or  documents
    56  relating  to the diagnosis, prognosis or treatment, and clinical records

        S. 9113--A                          3

     1  of a patient under paragraphs (a) and (b) of  subdivision  one  of  this
     2  section,   when made  reasonably  and  in good  faith,  shall not be the
     3  basis for any civil or criminal liability with respect  to  such  health
     4  care provider.
     5    § 4 The executive law is amended by adding a new section 214-h to read
     6  as follows:
     7    §  214-h.    Extreme risk protection orders.  The superintendent shall
     8  for all members of the division  of  state  police,  including  new  and
     9  veteran officers, develop, maintain and disseminate written policies and
    10  procedures  and  educational materials regarding the availability of and
    11  procedure for  filing  extreme  risk  protection  orders  under  article
    12  sixty-three-A  of  the  civil  practice  law  and  rules,  including the
    13  requirements for police officers under section six thousand forty-one of
    14  such law.
    15    § 5. Paragraphs (g) and (h) of subdivision 3 of  section  840  of  the
    16  executive  law,  paragraph  (g) as amended and paragraph (h) as added by
    17  section 5 of part Q of chapter 56 of the laws of 2009, are amended and a
    18  new paragraph (i) is added  to read as follows:
    19    (g) Develop, maintain and disseminate, in consultation with the  state
    20  division of human rights and the state civil service department, written
    21  policies  and  procedures  to  enhance  police  and correctional officer
    22  recruitment efforts and to  increase  police  and  correctional  officer
    23  awareness of racial, ethnic, religious and gender differences, and other
    24  diversity  issues,  in  communities served by such police and in correc-
    25  tional facilities; [and]
    26    (h) Consult with the state commission of correction regarding  correc-
    27  tional training programs[.]; and
    28    (i)  Develop, maintain and disseminate written policies and procedures
    29  and  educational  materials  regarding the availability of and procedure
    30  for filing extreme risk protection orders under article sixty-three-A of
    31  the civil practice law and rules, including the requirements for  police
    32  officers under section six thousand forty-one of such article, appropri-
    33  ately  instruct any agency that employs police or peace officers regard-
    34  ing article sixty-three-A of the civil practice law and rules.
    35    § 6. Paragraph (j) of subdivision 1 of section  400.00  of  the  penal
    36  law,  as amended by chapter 1 of the laws of 2013, is amended to read as
    37  follows:
    38    (j) who has not been involuntarily committed to a facility  under  the
    39  jurisdiction  of  an office of the department of mental hygiene pursuant
    40  to article nine or fifteen of the  mental  hygiene  law,  article  seven
    41  hundred  thirty or section 330.20 of the criminal procedure law, section
    42  four hundred two or five hundred eight of the  correction  law,  section
    43  322.2  or  353.4  of  the  family  court  act, [or] has not been civilly
    44  confined in a secure treatment facility pursuant to article ten  of  the
    45  mental  hygiene law, or has not been the subject of a report made pursu-
    46  ant to section 9.46 of the mental hygiene law;
    47    § 7. Subdivision (a) of section 9.46 of the  mental  hygiene  law,  as
    48  added by chapter 1 of the laws of 2013, is amended to read as follows:
    49    (a)  For  purposes  of  this  section, the term "mental health profes-
    50  sional" shall include a physician,  psychiatrist,  psychologist,  regis-
    51  tered  nurse  [or],  licensed  clinical  social  worker, licensed master
    52  social   worker, licensed   mental   health  counselor,  clinical  nurse
    53  specialist, certified nurse practitioner, licensed clinical marriage and
    54  family therapist, or a licensed professional nurse.
    55    §  8.  This  act shall take effect on the thirtieth day after it shall
    56  have become a law.