Relates to providing information about extreme risk protection orders upon conditional release or discharge of patients to the community; allows information to be provided to the patient or, upon consent of the patient, to an authorized representative who has actively participated in the patient's treatment plan, if the director of the facility and such facility's clinical staff who worked directly with the patient determine through an evaluation and assessment, that there is the presence of a mental health diagnosis or symptoms of a mental illness exhibited by the patient, which indicates the patient may be at substantial risk of physical harm to himself or herself, or has made threats of or attempts at suicide.
STATE OF NEW YORK
________________________________________________________________________
1005--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Mental Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to including certain
information about extreme risk protection orders in written service
plans for discharge and conditional release of patients to the commu-
nity
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 5 of subdivision (g) of section 29.15 of the
2 mental hygiene law, as added by chapter 306 of the laws of 1995, is
3 amended and a new paragraph 6 is added to read as follows:
4 [(5) an] 5. An evaluation of the patient's need and potential eligi-
5 bility for public benefits following discharge or conditional release,
6 including public assistance, medicaid, and supplemental security income.
7 6. Material providing information related to extreme risk protection
8 orders, pursuant to article sixty-three-A of the civil practice law and
9 rules. Such information may be provided to the patient or, upon consent
10 of the patient, to an authorized representative who has actively partic-
11 ipated in the patient's treatment plan. Such information may only be
12 provided if the director of the facility and such facility's clinical
13 staff who worked directly with the patient determine through an evalu-
14 ation and assessment, that there is the presence of a mental health
15 diagnosis or symptoms of a mental illness exhibited by the patient,
16 which indicates the patient may be at substantial risk of physical harm
17 to himself or herself, or has made threats of or attempts at suicide.
18 Such determination and the basis for it shall be included in the written
19 clinical record.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02097-02-1
