S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6233--A
                              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 -- committee discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee
       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  Section  9.46 of the mental hygiene law is REPEALED and a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  LICENSED  PURSUANT  TO  ARTICLE  ONE
    7  HUNDRED  THIRTY-ONE OF THE EDUCATION LAW; A PSYCHOLOGIST LICENSED PURSU-
    8  ANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE  EDUCATION  LAW;  A  NURSE
    9  PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-NINE OF THE
   10  EDUCATION LAW; OR A LICENSED CLINICAL SOCIAL WORKER LICENSED PURSUANT TO
   11  ARTICLE ONE HUNDRED FIFTY-FOUR OF THE EDUCATION LAW.
   12    (B)  NOTWITHSTANDING  ANY  OTHER  LAW  TO  THE CONTRARY, WHEN A MENTAL
   13  HEALTH  PROFESSIONAL,  CURRENTLY  PROVIDING  MENTAL   HEALTH   TREATMENT
   14  SERVICES TO A PERSON, DETERMINES THAT SUCH PERSON PRESENTS A SERIOUS AND
   15  IMMINENT  DANGER  TO SELF OR OTHERS, HE OR SHE IS AUTHORIZED TO DISCLOSE
   16  SUCH DETERMINATION AS FOLLOWS: (I) TO AN ENDANGERED INDIVIDUAL OR  INDI-
   17  VIDUALS,  IF IDENTIFIABLE; (II) TO A LAW ENFORCEMENT AGENCY AND (III) AS
   18  SOON AS PRACTICAL, TO THE DIRECTOR OF COMMUNITY SERVICE  OR  THE  DIREC-
   19  TOR'S DESIGNEE, IN SUCH MANNER AND FORM AS DIRECTED BY THE COMMISSIONER.
   20  THE  REASONS FOR SUCH DISCLOSURE SHALL BE FULLY DOCUMENTED IN THE TREAT-
   21  MENT RECORD OF SUCH PERSON. THE DIRECTOR OF  COMMUNITY  SERVICE  OR  THE
   22  DIRECTOR'S  DESIGNEE  SHALL  REPORT  TO THE DIVISION OF CRIMINAL JUSTICE
   23  SERVICES WHENEVER HE OR SHE AGREES THAT THE PERSON  PRESENTS  A  SERIOUS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09750-03-3
       A. 6233--A                          2
    1  AND  IMMINENT  DANGER  TO SELF OR OTHERS. INFORMATION TRANSMITTED TO THE
    2  DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE LIMITED TO THE  NAME  AND
    3  OTHER  NON-CLINICAL  IDENTIFYING INFORMATION REGARDING THE PERSON WHO IS
    4  THE  SUBJECT  OF  THE  DISCLOSURE,  WHICH MAY BE USED BY THE DIVISION OF
    5  CRIMINAL JUSTICE SERVICES ONLY FOR DETERMINING WHETHER A LICENSE  ISSUED
    6  PURSUANT  TO  SECTION  400.00  OF  THE  PENAL LAW SHOULD BE SUSPENDED OR
    7  REVOKED, OR FOR DETERMINING WHETHER A PERSON IS INELIGIBLE FOR A LICENSE
    8  ISSUED PURSUANT TO SECTION 400.00 OF THE PENAL  LAW,  OR  IS  NO  LONGER
    9  PERMITTED  UNDER STATE OR FEDERAL LAW TO POSSESS A FIREARM. FOR PURPOSES
   10  OF THIS SECTION, THE TERM "LAW ENFORCEMENT AGENCY" SHALL INCLUDE THE NEW
   11  YORK STATE POLICE AND THE POLICE DEPARTMENTS OF A COUNTY, TOWN, CITY  OR
   12  VILLAGE IN THE STATE.
   13    (C)  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO REQUIRE A MENTAL
   14  HEALTH PROFESSIONAL TO TAKE ANY ACTION WHICH, IN THE PROFESSIONAL  JUDG-
   15  MENT  OF  THE  MENTAL  HEALTH  PROFESSIONAL,  WOULD ENDANGER SUCH MENTAL
   16  HEALTH PROFESSIONAL OR INCREASE THE DANGER  TO  A  POTENTIAL  ENDANGERED
   17  PERSON OR PERSONS.
   18    (D)  ABSENT MALICE OR INTENTIONAL MISCONDUCT, THE DECISION OF A MENTAL
   19  HEALTH PROFESSIONAL TO DISCLOSE OR NOT TO DISCLOSE  IN  ACCORDANCE  WITH
   20  THIS  SECTION SHALL NOT BE THE BASIS FOR ANY CIVIL OR CRIMINAL LIABILITY
   21  OF SUCH MENTAL HEALTH PROFESSIONAL.
   22    S 2. This act shall take effect immediately.