Requires directors of facilities to perform certain duties to assure patient protection

BILL NUMBER:S3645A

Title of bill

An act to amend the mental hygiene law, in relation to duties of directors of facilities to assure protection of patients

Purpose or general idea of bill

To require there must be an independent medical evaluation of an individual within certain instances

Summary of specific provisions

Section 31.11 of the Mental Hygiene Law is amended by adding a new subdivision 6 providing an independent medical examination within 96 hours when emergency services or law enforcement are called to respond to circumstances that may constitute a criminal offense, an allegation that could reasonably constitute a reportable incident to the vulnerable persons' central registrar.

Further requires the immediate notifying of the personal representative, parent, spouse, sibling or guardian in the event such individual has been taken to a hospital, urgent care, or similar location. Following an independent medical examination notifying the vulnerable person and their representative of their right to access the clinical records.

Section 2 is the effective date.

Justification

Any time abuse of an individual who is disabled is suspected, there is a medical evaluation. However, the group home or non-profit agency often sends the client to a medical professional who is affiliated with the group home or a medical professional who is on the board of the home or non-profit agency. In appropriate instances this legislation would require that the medical evaluation be completed by a medical professional who has no affiliation whatsoever with the organization. In this way the evaluation is completely unbiased.

Prior legislative history

2012 - A9619/S.7006 - Held in Assembly Mental Health/ Reported to Senate Finance. S3865. Referred to Mental Health. 1/8/14.

Fiscal implications

None.

Effective date

Immediately.