STATE OF NEW YORK
________________________________________________________________________
2726
2013-2014 Regular Sessions
IN SENATE
January 23, 2013
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental 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 Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new article
2 30 to read as follows:
3 ARTICLE 30
4 OUT-PATIENT TREATMENT
5 Section 30.01 Out-patient treatment.
6 § 30.01 Out-patient treatment.
7 (a) A mental health care professional is prohibited from treating a
8 violent patient in an office located in a residential building.
9 (b) For the purposes of this article, the following terms shall have
10 the following meanings:
11 1. "residential building" shall mean property, on which exists a
12 building or structure containing more than one independent dwelling unit
13 or where more than one-third of the total square footage of said struc-
14 ture is to be used for residential purposes;
15 2. "mental health care professionals" shall mean any qualified psychi-
16 atrist licensed pursuant to section seventy-six hundred three of the
17 education law or certified psychologists licensed pursuant to article
18 one hundred fifty-three of the education law;
19 3. "violent patient" shall mean any person receiving mental health
20 care, who, in view of his or her treatment history and current behavior,
21 is likely to cause serious harm to his or her self or others;
22 4. "likelihood of serious harm" shall mean:
23 (i) substantial risk of physical harm to other persons as manifested
24 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.
LBD05574-01-3
S. 2726 2
1 conduct demonstrating that the patient is dangerous to his or her self,
2 or
3 (ii) a substantial risk of physical harm to other persons as mani-
4 fested by homicidal or other violent behavior by which others are placed
5 in reasonable fear of serious physical harm, or
6 (iii) the patient has a history involving one or more acts of serious
7 violent behavior toward his or her self or others within the last
8 forty-eight months.
9 § 2. This act shall take effect immediately.
