Increases the availability of professionals to perform evaluations regarding a defendant's fitness to proceed to trial in a criminal proceeding to include licensed clinical social workers and qualified nurse practitioners.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6563
SPONSOR: Ortiz (MS) TITLE OF BILL: An act to amend the criminal procedure law, in
relation to increasing the availability of professionals to perform
evaluations regarding a defendant's fitness to proceed to trial in a
criminal proceeding
PURPOSE OR GENERAL IDEA OF BILL: To increase the availability of
professionals operating within their scope of practice to perform evalu-
ations regarding a defendant's fitness to proceed to trial in a criminal
proceeding.
SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the Criminal
Procedure Law Section 730.10-730.70 regarding the determination of a
defendant's mental fitness to understand the proceedings against him or
to assist in his or her own defense in a criminal proceeding. It adds
the professions of licensed clinical social workers and licensed nurse
practitioners in psychiatry to the definition of "Psychiatric examiner",
the professionals who may conduct such examinations. This bill would
update all other references to psychiatric examinations under CPL 730 o
include licensed clinical social workers and licensed nurse practition-
ers in psychiatry as examiners.
JUSTIFICATION: The ability to identify and secure a psychiatrist or
psychologist able and willing to perform mental fitness examinations is
very limited in many areas across New York State. This has caused a
backlog in CPL 730 examinations thus further impacting the criminal
justice system in addressing persons whose fitness to proceed is in
question. By adding licensed clinical social workers and nurse practi-
tioners in psychiatry as acceptable psychiatric examiners, the ability
for Directors to identify and secure examiners pursuant to CPL 730 will
be greatly increased.
Furthermore, by freeing unlicensed professionals to provide CPL 730
exams, the overall strain on the mental health system will be mitigated
by freeing up scarce psychiatrist services for patients requiring
medical services. There is a particular shortage of psychiatrists, who
are often in more demand to oversee local clinical services and cannot
afford the time necessary for travel, examination and testimony required
to carry cut the CPL 730 process. Recent changes in the statute licens-
ing scoops of practice for social workers and nurse practitioners.
insure that they are equally qualified to make the determinations
required of a psychiatric examiner under this statute. Localities and
clinics have many more licensed clinical social workers and nurse prac-
titioners to provide these examinations in a more timely and cost effec-
tive manner.
Licensed clinical social workers (1,C51 and nurse practitioners in
psychiatry (NPPs) are both licensed under Title VT:I of the New York
State Education Law, requiring extensive training in mental health
assessment and treatment. As licensed professionals, LCSWs and NPPs are
required to operate only within their training and competency, and
therefore only those licensees qualified to perform a psychiatric exam-
ination would be eligible do so in accordance with statue governing
unprofessional conduct and the rules of the NYS Board . of Regents. Such
protections in general Education Law will preclude any concerns over any
individual professional's ability to perform an examination under this
section of law. Moreover, at least one court in New York State has
already determined, as a matter of law, that "in terms of clinical func-
tions, the scope of practice of psychology and the scope of practice of
licensed clinical social work, although described using some different
words at times, do not vary in substance and are wholly equal and the
same."
PRIOR LEGISLATIVE HISTORY: 2011/12 - A6149 - Held in Codes
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: This legislation
would have no cost to the state and would reduce costs for counties
which could use more readily available staff professionals to perform,
such examinations.
EFFECTIVE DATE: This act would take affect immediately
