What's happening
This bill allows individuals, instead of just female patients, to request same-gender staff when being transported to or from a facility.
Why it matters
Expands personal dignity and safety. By allowing all individuals—not just female patients—to request same-gender staff during transport, the bill acknowledges that people of any gender may have privacy, cultural, or trauma-related reasons for such a preference.
Promotes inclusivity and equity. The change removes gender-specific language, making the law more inclusive of male, non-binary, and transgender individuals, ensuring their concerns are equally recognized in state policy.
Balances operational realities. The bill specifies that requests for same-gender staff will be honored “within staffing limitations,” highlighting ongoing challenges in staffing but also making clear the state's commitment to respect patient requests whenever possible.
May improve patient trust and cooperation. Giving patients more control over their transport experience could reduce anxiety and increase trust in the care system, potentially leading to better cooperation and outcomes during facility transfers.
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Who cares
Headline styles
Update Patient Transport Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 62
1 Co-sponsor
History
- Substituted by A10708
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1479
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update Patient Transport Rules
Signed by Governor · Sponsor Aileen Gunther
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8592
IN SENATE
May 10, 2018
Introduced by Sen. ORTT -- (at request of the Office for People with Developmental Disabilities) -- 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 transportation of patients
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 33.17 of the mental hygiene law, as renumbered by chapter 978 of the laws of 1977, is amended to read as follows: § 33.17 Transportation of [female patients] individuals.
[Any female patient] Within staffing limitations and upon request, an individual who is being transported to or from a facility [shall] may be accompanied by [another female, unless accompanied by her father, brother, husband, or son] same gender staff.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14367-02-8
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 transportation of patients
Purpose of the bill
This bill would amend Mental Hygiene Law (MHL) § 33.17 to make the stat- ute gender neutral, allowing for individuals to be transported by any staff member, while continuing to provide for same gender staff trans- portation within staffing limitations and upon an individual's request.
Summary of provisions
Section 1 of this bill would amend the title to section 33.17 of the Mental Hygiene Law to "Transportation of individuals".
Section 2 would amend the current language to add "Within staffing limi- tations and upon request, an individual who is being transported to or from a facility may be accompanied by same gender staff." It removes the reference to female patient and the need for female staff and/or father, brother, husband or son accompanying a female being transported.
Section 3 of the bill would provide for an immediate effective date.
Justification
Mental Hygiene Law Section 33.17 was adopted in 1927. At that time, services for people with developmental disabilities were primarily provided in large institutions where people would live for decades. During those infrequent times when people were transferred between facilities, the law provided that any female being transported would need to be accompanied by another female, unless accompanied by her father, brother, husband, or son.
This amendment recognizes the need for gender neutrality and acknowl- edges the development of a community-based system of services and supports, with individuals of all genders needing transportation to a wide variety of activities and appointments, and modifies the law's restriction on who may provide transportation services to prevent restrictions on the flexibility necessary to provide person-centered supports. The amendment of this statute would allow agencies providing services to people with disabilities to be more responsive to individual needs, while acknowledging an individual's preference and providing appropriate same gender staff, based upon availability and/or request.
Prior legislative history
This is a new proposal.
Fiscal implications
None.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.