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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:S5696 REVISED MEMO 06/30/2015
Title of bill
An act to amend the mental hygiene law, in relation to reports of substantial risk or threat of harm by mental health professionals
Purpose of bill
To amend various sections of the mental health law, as added or amended by chapter 1 of the laws of 2013, in relation to the identification and reporting of persons who present a serious and imminent threat to the health and safety of self or others to require that current contact information for the person who is being reported is included and that the person who is the subject of the report is notified in writing and of the administrative appeals process to ensure that those who have their licenses suspended or revoked for mental health concerns receive due process.
Summary of provisions of bill
Sections 1, 2 and 3 amend portions of the Mental Hygiene Law Sections, as added by chapter 1 of the laws of 2013, to require that: (1) reported individuals are properly identified; and (2) a reported person is properly notified in writing when a report is sent to the Division of Criminal Justice Services. The notice must inform such person of his or her right to submit a petition for relief of disability to the NICS Appeals Office.
Section 4 is the effective date.
Justification
This legislation addresses some of the concerns raised since enactment of the NY SAFE Act. Under current law, an individual who is reported by a mental health professional to DCJS as being likely to engage in conduct that would result in harm to self or others is neither notified of such reporting by director of Community Services or the Director's Designee. There have been cases where the reported person was not informed that they were even reported. With this, it is important to establish a procedure that will allow individuals who believe they have been unjustly reported to appeal when in fact the person's record and reputation conflict with the report.
Legislative history
This is new legislation.
Fiscal implications for state
None.
Effective date
On the ninetieth day after if shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.