NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10490A
SPONSOR: Slater TITLE OF BILL:
An act to amend the mental hygiene law, in relation to establishing
Nicole's law
PURPOSE OR GENERAL IDEA OF BILL:
This bill will be known as "Nicole's Law." This bill would create a
red-flag system to ensure individuals admitted to hospitals following a
self-inflicted, life-threatening injury would receive enhanced person-
centered treatment, their families are provided with resources on how to
card for this vulnerable population, an appropriate discharge plan
including an immediate connection to community services, with the person
receiving priority access to community services and follow-up with the
individual following discharge. The bill would also address the prac-
tices of how psychiatric clinical trials handle perspective participants
disqualified because of a previous suicide attempt within the calendar
year.
SUMMARY OF PROVISIONS:
Section 1: This act shall be known and may be cited as "Nicole's law"
Section 2 defines how to identify and red-flag an individual meeting
Nicole's Law criteria; defines enhanced inpatient treatment for this
population; details how the law would aim to increase family partic-
ipation in the recovery process. The bill requires the Commissioner of
the Department of Health to promulgate proper discharge planning for
this population. It also requires language on how to improve the prac-
tices when one fails to qualify for a psychiatric clinical trial
conducted in New York State due to a prior incident of suicidality in
the previous calendar year.
Section 3: Effective Date
JUSTIFICATION:
Nicole Ettere was a 37-year-old and very vivacious woman who worked
diligently in the medical field for over 10 years prior to her illness,
body dysmorphia. She struggled with anxiety and depression and in March
2017 was unable to continue working. She was briefly hospitalized five
times after five suicide attempts from June through August of 2017.
Nicole took her own life on September 19, 2017. This bill aims to
address and curtail rising suicide rates in New York State, which are
currently outpacing the alarming national rates. While there are many
factors contributing to this disturbing trend, one of the leading
factors and one that can be immediately addressed is enhancing the qual-
ity and focus of the treatment someone receives following a self-in-
flicted, life-threatening injury. It is also critical that someone
receives appropriate discharge planning and is connected to community-
based services and given priority access to those services during the
especially vulnerable period immediately following a discharge from a
hospital or psychiatric facility.
The law also acknowledges the crucial role families play in the recovery
process and would ensure families receive resources and support on how
to care for someone following a self-inflicted, life-threatening injury.
The law would also establish a best practice for increasing access to
services for people who have failed to qualify for clinical research
trials due to having a suicidal incident in the past year. Together
Nicole's Law will enhance inpatient care and the family's role in recov-
ery as well as increase and ease the access to community-based care for
a population most at risk of engaging in a self-inflicted, life threat-
ening injury. Most importantly, Nicole's Law will save lives.
PRIOR LEGISLATIVE HISTORY:
2025-2026 No bill.
2023-2024 No bill.
2022 A.9349 Referred to Mental Health
STATE OF NEW YORK
________________________________________________________________________
10490--A
IN ASSEMBLY
March 6, 2026
___________
Introduced by M. of A. SLATER -- 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 establishing
Nicole's law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "Nicole's law".
2 § 2. The mental hygiene law is amended by adding a new section 9.61 to
3 read as follows:
4 § 9.61 Patients with self-inflicted, life-threatening injuries.
5 1. For the purposes of this section the following terms shall have the
6 following meanings:
7 (a) "self-inflicted, life-threatening injuries" shall include suicide
8 attempts, drug overdoses, and other self-harm injuries including but not
9 limited to cutting oneself.
10 (b) "assisted outpatient services" shall mean categories of outpatient
11 services including, but not limited to, case management services or
12 assertive community treatment team services to provide care coordi-
13 nation, and may also include any of the following categories of
14 services: medication; periodic blood tests or urinalysis to determine
15 compliance with prescribed medications; individual or group therapy; day
16 or partial day programming activities; educational and vocational train-
17 ing or activities; alcohol or substance abuse treatment and counseling
18 and periodic tests for the presence of alcohol or illegal drugs for
19 persons with a history of alcohol or substance abuse; supervision of
20 living arrangements; and any other services within a local services plan
21 developed pursuant to article forty-one of this chapter, prescribed to
22 treat the person's mental illness and to assist the person in living and
23 functioning in the community, or to attempt to prevent a relapse or
24 deterioration that may reasonably be predicted to result in suicide or
25 the need for hospitalization.
26 (c) "assisted outpatient services provider" shall mean any organiza-
27 tion which provides assisted outpatient services.
28 2. All hospitals operating in this state shall, with regard to intake
29 practices, ensure the following when admitting patients with self-in-
30 flicted, life-threatening injuries:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09896-04-6
A. 10490--A 2
1 (a) examine each such patient's medical history to determine whether
2 such patient has had any previous incidents of self-inflicted, life-
3 threatening injuries; and
4 (b) reach out to any known family or caretaker of such patient for
5 information about any previous instances of self-inflicted, life-threat-
6 ening injuries.
7 3. Where a patient admitted with self-inflicted, life-threatening
8 injuries is identified as having previous instances of self-inflicted,
9 life-threatening injuries, the hospital shall:
10 (a) obtain such patient's previous hospital records to verify such
11 previous instances of self-inflicted, life-threatening injuries;
12 (b) examine such patient's previous hospital records to determine
13 which treatments were previously used in order to avoid repeating prac-
14 tices which failed such patient and led to repeated episodes of self-in-
15 flicted, life-threatening injuries;
16 (c) increase the minimum inpatient stay by an amount which shall be
17 directed by the commissioner of health by rule and/or regulation for
18 each previous instance of self-inflicted, life-threatening injuries; and
19 (d) make reasonable attempts to contact such patient's family or care-
20 taker in order to receive insights on such patient's mental health
21 history, and any other information which may be useful in such patient's
22 treatment.
23 4. Where a patient is being discharged after having been admitted with
24 self-inflicted, life-threatening injuries, the hospital shall:
25 (a) provide such patient's family or caretaker with notice of such
26 patient's discharge at least forty-eight hours prior to such discharge;
27 (b) ensure that hospital staff conduct a meeting with such patient,
28 which may include such patient's family or caretaker, to inform such
29 patient on what is needed to recover and how to best manage their mental
30 health;
31 (c) inform such patient of any assisted outpatient services providers
32 that could be helpful in such patient's recovery; and
33 (d) conduct a follow-up post-discharge within a time frame which shall
34 be established by the commissioner.
35 5. Where a patient is referred to an assisted outpatient services
36 provider by a hospital pursuant to paragraph (c) of subdivision four of
37 this section, such assisted outpatient services provider shall ensure
38 that such patient receives priority access to its assisted outpatient
39 services.
40 6. The operator of any clinical trial, as defined in section forty-
41 nine hundred of the public health law, which dismisses an individual
42 from consideration of participation because such individual indicates
43 that they have made a suicide attempt or have been suicidal, shall
44 provide such individual with the suicide crisis line, 988, and whenever
45 possible the contact information of a local assisted outpatient services
46 provider. Such clinical trial operator shall also provide a positive
47 message to such individual such as, "If you need help, I encourage you
48 to seek that help, most importantly it will help you feel better and
49 hopefully you will be able to participate in the future."
50 § 3. This act shall take effect one year after it shall have become a
51 law. Effective immediately, the addition, amendment and/or repeal of any
52 rule or regulation necessary for the implementation of this act on its
53 effective date are authorized to be made and completed on or before such
54 effective date.
