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History
- Referred to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3622
Title of bill
An act to amend the mental hygiene law, in relation to out-patient treatment
Purpose
The purpose of this bill is to prohibit a mental health care professional from treating a violent patient in a residential building.
Summary of provisions
This bill intends to amend a new article into the New York State Mental Hygiene Law. Article 30 § 30.01 out-patient treatment, will prohibit a mental health care professional of treating a violent patient in a residential building.
The terms in this section shall have the following meanings; "residential building "shall mean any property on which a building or structure exist containing more than one independent dwelling unit or were more than one-third of the total square footage of said structure is to be used for residential purpose; "mental health care professionals" shall mean any qualified psychiatrist licensed pursuant to section seventy-six hundred three of the education law or certified psychologist licensed pursuant to article one hundred fifty three of the education law; "violent patient" shall mean any person receiving mental health care, who, in view of his/her treatment history and current behavior, is likely to cause serious harm to his/her self or others; "likelihood of serious harm" shall mean anything that may fall under these tree categories. 1. Substantial risk of physical to other people as manifested by threats of or attempts at suicide or serious bodily harm or other conduct demonstrating that the patient is dangerous to his/her self. 2. Substantial risk of physical harm to other people as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm. 3. The patient has a history involving one or more acts of serious violent behavior toward his or her self or others within the last forty-eight months.
Existing law
New law.
Justification
When a mental health care professional treats a violent patient in a residential building, the amount of danger that they put themselves in and everyone in the building or dwelling is very high. It's unsafe for someone who has had a history of violence to be treated in a place where there aren't any personnel trained to deal with these patients aggressive outbursts. In establishing the prohibition of out-patient treatment for those who are considering violent patient, we ensure the safety of those mental care professionals who are treating them and those people in the surrounding environment.
Prior legislative history
S.945 (2010) Held in Mental Health & Developmental Disabilities S.7107 (2008) 03/07/08 Referred to Mental Health & Developmental Disabilities
Fiscal implications
None.
Local fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.