What's happening
This bill lets mental health professionals disclose serious, imminent threats to potential victims and authorities.
Why it matters
Statewide framework. Replaces the existing reporting section with authorization for treating mental health professionals to disclose serious, imminent danger to self or others. Reasons for disclosure must be documented in the treatment record.
Firearm eligibility. Community services directors must forward identifying information to the Division of Criminal Justice Services when they agree danger exists. That information may be used only for firearm possession and license eligibility decisions.
Professional discretion. Clinicians need not act if their judgment indicates doing so would increase danger. Decisions to disclose or not disclose carry protection from civil or criminal liability absent malice or intentional misconduct.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Treating mental health professionals
Physicians, psychologists, nurse practitioners and licensed clinical social workers would receive disclosure authority and liability protections.
Patients and identifiable endangered individuals
The bill permits disclosures about patients presenting serious, imminent danger, including warnings to identifiable people at risk.
Community services directors and criminal justice officials
Directors would assess disclosed threats and forward qualifying identifying information for firearm eligibility determinations.
State and local police
Law enforcement agencies could receive disclosures from treating clinicians about serious, imminent danger.
Headline styles
Allow Mental Health Threat Disclosures
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health
- Referred to mental health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4693
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. PRETLOW -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to reports of substantial risk or threat of harm by mental health professionals; and repealing certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 9.46 of the mental hygiene law is REPEALED and a new section 9.46 is added to read as follows: § 9.46 Reports of substantial risk or threat of harm by mental health
professionals.
(a) For purposes of this section, the term "mental health professional" shall include a physician licensed pursuant to article one hundred thirty-one of the education law; a psychologist licensed pursuant to article one hundred fifty-three of the education law; a nurse practitioner licensed pursuant to article one hundred thirty-nine of the education law; or a licensed clinical social worker licensed pursuant to article one hundred fifty-four of the education law.
(b) Notwithstanding any other law to the contrary, when a mental health professional, currently providing mental health treatment services to a person, determines that such person presents a serious and imminent danger to self or others, he or she is authorized to disclose such determination as follows: (i) to an endangered individual or individuals, if identifiable; (ii) to a law enforcement agency and (iii) as soon as practical, to the director of community service or the director's designee, in such manner and form as directed by the commissioner. The reasons for such disclosure shall be fully documented in the treatment record of such person. The director of community service or the director's designee shall report to the division of criminal justice services whenever he or she agrees that the person presents a serious and imminent danger to self or others. Information transmitted to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04881-01-9
A. 4693 2
division of criminal justice services shall be limited to the name and other non-clinical identifying information regarding the person who is the subject of the disclosure, which may be used by the division of criminal justice services only for determining whether a license issued pursuant to section 400.00 of the penal law should be suspended or revoked, or for determining whether a person is ineligible for a license issued pursuant to section 400.00 of the penal law, or is no longer permitted under state or federal law to possess a firearm. For purposes of this section, the term "law enforcement agency" shall include the New York state police and the police departments of a county, town, city or village in the state.
(c) Nothing in this section shall be construed to require a mental health professional to take any action which, in the professional judgment of the mental health professional, would endanger such mental health professional or increase the danger to a potential endangered person or persons.
(d) Absent malice or intentional misconduct, the decision of a mental health professional to disclose or not to disclose in accordance with this section shall not be the basis for any civil or criminal liability of such mental health professional.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.