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S2346Senate2017-2018 Session

Protect Victims in Therapy

Official title

“Requires the development of guidelines to help avert retraumatization of victims of sexual offenses in a behavioral health outpatient setting”

Sponsor Kevin S. ParkerSD-21
Status
In Senate Committee
Mental Health And Developmental Disabilities
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Mental Health And Developmental Disabilities

What's happening

This bill requires New York to develop guidelines to prevent retraumatization of sexual offense victims in behavioral health outpatient group settings.

Why it matters

  1. Prioritizes trauma-informed care. by requiring the state to create official best practice guidelines so providers can proactively minimize the risk of retraumatizing sexual offense victims when they are in outpatient group therapy settings, especially if known sex offenders are present.

  2. Emphasizes use of evidence-based strategies. by mandating that the guidelines are rooted in research and proven approaches, increasing the likelihood that interventions will be effective and beneficial for victims.

  3. Requires collaboration with key stakeholders. , including consumer advocates, service providers, and victim rights groups, ensuring that the guidelines are shaped by the perspectives and expertise of those most affected and those delivering care.

  4. May impact group therapy dynamics and access. by potentially changing how group sessions are structured, who can participate together, and how group safety is managed, with implications for both victims and individuals with histories of offending.

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Who cares

Headline styles

Protect Victims in Therapy

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

No co-sponsors yet.

History

  1. Referred to mental health and developmental disabilities
  2. Referred to mental health and developmental disabilities

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2346

2017-2018 Regular Sessions

IN SENATE

January 13, 2017

Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities

AN ACT to amend the mental hygiene law, in relation to averting retraumatization of victims of sexual offenses in a behavioral health outpatient setting

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The mental hygiene law is amended by adding a new section 7.50 to read as follows: § 7.50 Victims of sexual offenses; outpatient group setting.

The office shall develop guidelines regarding victims of sexual offenses receiving services in an outpatient group setting. Such guidelines shall outline best practices providers may use when providing services to victims of sexual abuse in an effort to avert retraumatization by known sex offenders. Such best practices shall, to the greatest extent possible, be based on evidence based practices. In creating such guidelines, the office shall consult with stakeholders. Such stakeholders shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups.

§ 2. The mental hygiene law is amended by adding a new section 19.44 to read as follows: § 19.44 Victims of sexual offenses; outpatient group setting.

The office shall develop guidelines regarding victims of sexual offenses receiving services in an outpatient group setting. Such guidelines shall outline best practices providers may use when providing services to victims of sexual abuse in an effort to avert retraumatization by known sex offenders. Such best practices shall, to the greatest extent possible, be based on evidence based practices. In creating such guidelines, the office shall consult with stakeholders. Such stakeholders shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups.

§ 3. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07361-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the mental hygiene law, in relation to averting retraumatization of victims of sexual offenses in a behavioral health outpatient setting

Purpose

This bill would have the Office of Mental Health, and the Office of Alcoholism and Substance Abuse consult with stakeholders in the development of guidelines regarding victims of sexual offenses receiving services in an outpatient group setting.

Summary of provisions

Section 1 of the bill adds a new section to the Mental Hygiene Law, 7.50, as follows:

§ 7.50 Victims of sexual offenses; outpatient group setting. The office shall develop guidelines regarding victims of sexual offenses receiving services in an outpatient group setting. Such guidelines shall outline best practices providers may use when providing services to victims of sexual abuse in an effort to avert retraumatization by known sex offenders. Such best practices shall, to the greatest extent Possible, be based on evidence based practices. In creating such guidelines, the office shall consult with stakeholders. Such stakeholders shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups.

2. The mental hygiene law is amended by adding a new section 19.44, as follows:

§ 19.44 Victims of sexual offenses; outpatient group setting. The Office shall develop guidelines regarding victims of sexual offenses receiving services in an outpatient group setting. Such guidelines shall outline best practices providers may use when providing services to victims of sexual abuse in an effort to avert retraumatization by known sex offenders. Such best practices shall, to the greatest extent possible, be based on evidence based practices. In creating such guidelines, the office shall consult with stakeholders. Such stakeholders shall include, but not be limited to, representatives of consumer advocates, providers and victim rights groups.

§ 3. of the bill establishes 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 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 has the Office of Mental Health and Office of Alcoholism and Substance Abuse Services develop guidelines regarding victims of sexual offenses from retraumatization during their time in a behavior health outpatient setting.

Legislative history

2015-16: S.2640 - Referred to Mental Health and Developmental Disabilities 2013-14: S.0891 - Referred to Mental Health and Developmental Disabilities 2011-12: S.7069A/A.6573 -Passed the assembly/Died in Mental Health A.10255-A of 2009-10

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.