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A09289 Summary:

BILL NOA09289
 
SAME ASNo Same As
 
SPONSORKay
 
COSPNSRBerger, Angelino, Cunningham, Buttenschon
 
MLTSPNSR
 
Amd §9.46, Ment Hyg L
 
Exempts police and peace officers receiving treatment from mandatory reporting of substantial risk or threat of harm by mental health professionals, unless the mental health professional determines, based on reasonable professional judgment, that the condition impairs such person's ability to perform their job duties.
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A09289 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9289
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 10, 2025
                                       ___________
 
        Introduced by M. of A. KAY -- 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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 9.46 of the mental hygiene law is amended by adding
     2  a new subdivision (e) to read as follows:
     3    (e)  The provisions of subdivision (b) of this section shall not apply
     4  where the person receiving treatment services is a current sworn  police
     5  officer  or  peace  officer as such terms are defined in section 1.20 of
     6  the criminal procedure law, unless the mental health professional deter-
     7  mines, based on reasonable professional  judgment,  that  the  condition
     8  impairs such person's ability to perform their job duties.
     9    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13924-01-5
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