What's happening
This bill prohibits mental health professionals from treating violent patients in offices located within residential buildings.
Why it matters
Could impact access to care for high-risk patients. By barring treatment of violent patients in residential buildings, this bill may reduce the number of convenient or available locations for such individuals to receive mental health care, potentially leading to gaps in treatment or increased travel burdens.
Aims to address safety concerns for residents. The legislation directly responds to fears that treating patients considered at risk of violence in residential buildings could endanger other residents, particularly in multi-unit dwellings.
Places new obligations on mental health professionals. Psychiatrists and psychologists will need to assess whether their patients meet the bill's definition of "violent," and may be required to relocate their practices or refer patients elsewhere, raising issues of compliance, liability, and possible disruption of care.
Could have broader effects on property use and landlord-tenant dynamics. Residential building owners may need to review leases with mental health practitioners, and practitioners may face challenges securing office space in non-residential zones, potentially affecting their business operations and patients’ continuity of care.
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Who cares
Headline styles
Ban Violent Patient Treatment Homes
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2718
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
Introduced by Sen. HAMILTON -- 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 out-patient treatment
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 article 30 to read as follows:
ARTICLE 30
OUT-PATIENT TREATMENT Section 30.01 Out-patient treatment. § 30.01 Out-patient treatment.
(a) A mental health care professional is prohibited from treating a violent patient in an office located in a residential building.
(b) For the purposes of this article, the following terms shall have the following meanings:
1. "residential building" shall mean property, on which exists a building or structure containing more than one independent dwelling unit or where more than one-third of the total square footage of said structure is to be used for residential purposes;
2. "mental health care professionals" shall mean any qualified psychiatrist licensed pursuant to section seventy-six hundred three of the education law or certified psychologists licensed pursuant to article one hundred fifty-three of the education law;
3. "violent patient" shall mean any person receiving mental health care, who, in view of his or her treatment history and current behavior, is likely to cause serious harm to his or her self or others;
4. "likelihood of serious harm" shall mean:
(i) substantial risk of physical harm to other persons as manifested by threats of or attempts at suicide or serious bodily harm or other
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00731-01-7
S. 2718 2
conduct demonstrating that the patient is dangerous to his or her self, or
(ii) a substantial risk of physical harm to other persons as manifested by homicidal or other violent behavior by which others are placed in reasonable fear of serious physical harm, or
(iii) 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.
§ 2. This act shall take effect immediately.
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 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 of the 2009-10 Legislative Session S.3622 of the 2011-12 Legislative Session S.2726 of the 2013-14 Legislative Session S.5664 of the 2015-16 Legislative Session 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.