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AB3431 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2023
        Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
          tee 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; and
          repealing certain provisions of such law relating thereto

          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 Section 9.46 of the mental hygiene law is  REPEALED  and  a
     2  new section 9.46 is added to read as follows:
     3  § 9.46 Reports  of  substantial  risk or threat of harm by mental health
     4           professionals.
     5    (a) For purposes of this section,  the  term  "mental  health  profes-
     6  sional"  shall  include  a  physician  licensed  pursuant to article one
     7  hundred thirty-one of the education law; a psychologist licensed  pursu-
     8  ant  to  article  one  hundred fifty-three of the education law; a nurse
     9  practitioner licensed pursuant to article one hundred thirty-nine of the
    10  education law; or a licensed clinical social worker licensed pursuant to
    11  article one hundred fifty-four of the education law.
    12    (b) Notwithstanding any other law  to  the  contrary,  when  a  mental
    13  health   professional,   currently  providing  mental  health  treatment
    14  services to a person, determines that such person presents a serious and
    15  imminent danger to self or others, he or she is authorized  to  disclose
    16  such  determination as follows: (i) to an endangered individual or indi-
    17  viduals, if identifiable; (ii) to a law enforcement agency and (iii)  as
    18  soon  as  practical,  to the director of community service or the direc-
    19  tor's designee, in such manner and form as directed by the commissioner.
    20  The reasons for such disclosure shall be fully documented in the  treat-
    21  ment  record  of  such  person. The director of community service or the
    22  director's designee shall report to the  division  of  criminal  justice
    23  services  whenever  he  or she agrees that the person presents a serious
    24  and imminent danger to self or others. Information  transmitted  to  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3431                             2
     1  division  of  criminal justice services shall be limited to the name and
     2  other non-clinical identifying information regarding the person  who  is
     3  the  subject  of  the  disclosure,  which may be used by the division of
     4  criminal  justice services only for determining whether a license issued
     5  pursuant to section 400.00 of the  penal  law  should  be  suspended  or
     6  revoked, or for determining whether a person is ineligible for a license
     7  issued  pursuant  to  section  400.00  of the penal law, or is no longer
     8  permitted under state or federal law to possess a firearm. For  purposes
     9  of this section, the term "law enforcement agency" shall include the New
    10  York  state police and the police departments of a county, town, city or
    11  village in the state.
    12    (c) Nothing in this section shall be construed  to  require  a  mental
    13  health  professional to take any action which, in the professional judg-
    14  ment of the mental  health  professional,  would  endanger  such  mental
    15  health  professional  or  increase  the danger to a potential endangered
    16  person or persons.
    17    (d) Absent malice or intentional misconduct, the decision of a  mental
    18  health  professional  to  disclose or not to disclose in accordance with
    19  this section shall not be the basis for any civil or criminal  liability
    20  of such mental health professional.
    21    § 2. This act shall take effect immediately.
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