Requires providers of non-emergency, outpatient treatment to patients on a continuing basis to determine whether they are sex offenders

BILL NUMBER:S6622A

Title of bill

An act to amend the public health law and the mental hygiene law, in relation to requiring providers of non-emergency, clinical outpatient treatment to check whether patients are sex offenders and to segregate sex offender patients from other patients

Purpose

This bill would require providers of non-emergency, clinical outpatient treatment to patients on a continuing basis to determine whether they are sex offenders.

Summary of provisions

Section 1 of the bill adds a new section 22 to the Public Health Law that requires any person or entity that provides a non-emergency, clin- ical outpatient course of treatment to a patient for three or more visits during a calendar year to ask that patient for his name, address, date of birth and whether the patient is a sex offender as defined in the Correction Law. It also requires the provider to call the Division of Criminal Justice Services to determine whether the patient is a convicted sex offender. In addition, this section requires that any provider who treats sex offenders on a clinical out-patient basis must treat these patients at such times when no other patients are in the facility where treatment is provided.

Section 2 of the bill adds new section 33.27 to the Mental Hygiene Law to require every facility and program certified by the Department of Mental Hygiene that provides a non-emergency, clinical outpatient course of treatment to a patient for three or more visits during a calendar year to ask that patient for his name, address, date of birth and wheth- er the patient is a sex offender as defined in the Correction Law. It also requires the provider to call the Division of Criminal Justice Services to determine whether the patient is a convicted sex offender. In addition, this section requires that any provider who treats sex offenders on a clinical out-patient basis must treat these patients at such times when no other patients are in the facility where treatment is provided.

Section 3 of the bill is the effective date.

Justification

There are circumstances where sex offenders who are dependent upon drugs and/or alcohol are ordered or mandated to attend chemical dependence therapy as part of their plea and probation arrangements from a drug or alcohol court. However, it has come to the sponsor's attention that there is the potential for, and actual cases of, victims of sexual abuse being placed in the Same alcohol and substance abuse therapy sessions as a registered sex offender. This may lead to additional victimization of sexual abuse victims and there should be procedural mechanisms set in place that prevent registered sex offenders and sexual abuse victims

from being in the Same therapy sessions. This bill establishes common sense protection mechanisms that require therapy Providers to determine whether any patient that will Participate in a group therapy session is a registered sex offender and if so, that person attend a segregated session.

Legislative history

None.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the thirtieth day after becoming law.