S T A T E O F N E W Y O R K
________________________________________________________________________
6233
2013-2014 Regular Sessions
I N A S S E M B L Y
March 18, 2013
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to reports of
substantial risk or threat of harm by mental health professionals; and
repealing certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 9.46 of the mental hygiene law is REPEALED and a
2 new section 9.46 is added to read as follows:
3 S 9.46 REPORTS OF SUBSTANTIAL RISK OR THREAT OF HARM BY MENTAL HEALTH
4 PROFESSIONALS.
5 (A) FOR PURPOSES OF THIS SECTION, THE TERM "MENTAL HEALTH PROFES-
6 SIONAL" SHALL INCLUDE A PHYSICIAN, PSYCHOLOGIST, NURSE PRACTITIONER OR
7 LICENSED CLINICAL SOCIAL WORKER.
8 (B) FOR PURPOSES OF THIS SECTION, THE TERM "LAW ENFORCEMENT AGENCY"
9 SHALL INCLUDE THE NEW YORK STATE POLICE AND THE POLICE DEPARTMENT OF A
10 COUNTY, TOWN, CITY OR VILLAGE IN THE STATE.
11 (C) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, WHEN A MENTAL
12 HEALTH PROFESSIONAL CURRENTLY PROVIDING TREATMENT SERVICES TO A PERSON
13 DETERMINES THAT SUCH PERSON PRESENTS A SERIOUS AND IMMINENT DANGER TO
14 SELF OR OTHERS, HE OR SHE IS AUTHORIZED TO DISCLOSE SUCH DETERMINATION
15 TO AN ENDANGERED PERSON OR PERSONS, IF IDENTIFIABLE, AND TO A LAW
16 ENFORCEMENT AGENCY. THE REASONS FOR SUCH DISCLOSURE SHALL BE FULLY DOCU-
17 MENTED IN THE TREATMENT RECORD OF SUCH PERSON. A LAW ENFORCEMENT AGENCY
18 THAT RECEIVES A DISCLOSURE FROM A MENTAL HEALTH PROFESSIONAL IN ACCORD-
19 ANCE WITH THIS SECTION SHALL REPORT TO THE DIVISION OF CRIMINAL JUSTICE
20 SERVICES THE NAME AND OTHER NON-CLINICAL IDENTIFYING INFORMATION REGRAD-
21 ING THE PERSON WHO IS THE SUBJECT OF THE DISCLOSURE, WHICH MAY BE USED
22 BY THE DIVISION OF CRIMINAL JUSTICE SERVICES ONLY FOR DETERMINING WHETH-
23 ER A LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW SHOULD
24 BE SUSPENDED OR REVOKED, OR FOR DETERMINING WHETHER A PERSON IS INELIGI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09750-02-3
A. 6233 2
1 BLE FOR A LICENSE ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL LAW, OR
2 IS NO LONGER PERMITTED UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM.
3 (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
4 HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE PROFESSIONAL JUDG-
5 MENT OF THE MENTAL HEALTH PROFESSIONAL, WOULD ENDANGER SUCH MENTAL
6 HEALTH PROFESSIONAL OR INCREASE THE DANGER TO A POTENTIAL ENDANGERED
7 PERSON OR PERSONS.
8 (E) ABSENT MALICE OR INTENTIONAL MISCONDUCT, THE DECISION OF A MENTAL
9 HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO DISCLOSE IN ACCORDANCE WITH
10 THIS SECTION SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
11 OF SUCH MENTAL HEALTH PROFESSIONAL.
12 S 2. This act shall take effect on the same date and in the same
13 manner as section 20 of chapter 1 of the laws of 2013, takes effect.