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
                                      ___________
       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 Section 9.46 of the mental hygiene law is  REPEALED  and  a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.