New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

S05795 Summary:

S05795 Actions:

S05795 Floor Votes:

S05795 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5795
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                      June 16, 2011
                                       ___________
 
        Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the mental hygiene law, in relation to the reporting  of
          crimes at mental hygiene facilities
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Subdivision (b) of section 7.21 of the mental hygiene  law,
     2  as  amended  by  chapter  789 of the laws of 1985, is amended to read as
     3  follows:
     4    (b) Such director shall have the responsibility of seeing  that  there
     5  is  humane  treatment of the patients at his facility and shall investi-
     6  gate every case of alleged patient abuse or mistreatment.  The  director
     7  shall  notify  immediately,  and in any event within three working days,
     8  the board of visitors of the  facility  and  the  mental  hygiene  legal
     9  service located in the same judicial department as the hospital, school,
    10  or  institution  of every complaint of patient abuse or mistreatment and
    11  shall inform the board and the  mental  hygiene  legal  service  of  the
    12  results  of  his investigation. If it appears that a crime may have been

    13  committed, the director shall give notice thereof to the district attor-
    14  ney or other appropriate law enforcement official as soon  as  possible,
    15  and  in  any  event within three working days unless it appears that the
    16  crime includes an employee, intern, volunteer,  consultant,  contractor,
    17  or visitor and the alleged conduct caused physical injury or the patient
    18  was  subject  to unauthorized sexual contact, or if it appears the crime
    19  is endangering the welfare of  an  incompetent  or  physically  disabled
    20  person  pursuant to section 260.25 of the penal law, or if the crime was
    21  any felony under state or federal law, then  the  district  attorney  or
    22  other  appropriate law enforcement official must be contacted immediate-
    23  ly, and in any event no later than twenty-four hours.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13055-02-1
        S. 5795                             2
 
     1    § 2. Subdivision (b) of section 13.21 of the mental  hygiene  law,  as
     2  amended  by  chapter  789  of  the  laws  of 1985, is amended to read as
     3  follows:
     4    (b)  Such  director shall have the responsibility of seeing that there
     5  is humane treatment of the patients at his facility and  shall  investi-
     6  gate  every  case of alleged patient abuse or mistreatment. The director
     7  shall notify immediately, and in any event within three working days the
     8  board of visitors of the facility and the mental hygiene  legal  service

     9  located  in  the  same  judicial  department  as the hospital, school or
    10  institution of every complaint of  patient  abuse  or  mistreatment  and
    11  shall  inform  the  board  and  the  mental hygiene legal service of the
    12  results of his investigation. If it appears that a crime may  have  been
    13  committed, the director shall give notice thereof to the district attor-
    14  ney  or  other appropriate law enforcement official as soon as possible,
    15  and in any event within three working days unless it  appears  that  the
    16  crime  includes  an employee, intern, volunteer, consultant, contractor,
    17  or visitor and the alleged conduct caused physical injury or the patient
    18  was subject to unauthorized sexual contact, or if it appears  the  crime
    19  is  endangering  the  welfare  of  an incompetent or physically disabled

    20  person pursuant to section 260.25 of the penal law, or if the crime  was
    21  any  felony  under  state  or federal law, then the district attorney or
    22  other appropriate law enforcement official must be contacted  immediate-
    23  ly, and in any event no later than twenty-four hours.
    24    §  3.  Subdivision  (b) of section 16.13 of the mental hygiene law, as
    25  amended by chapter 435 of the laws  of  2005,  is  amended  to  read  as
    26  follows:
    27    (b)  Making  such  reports as are necessary to provide notification to
    28  the district attorney or other appropriate law enforcement official  and
    29  the  commissioner  or  his  or  her authorized representative as soon as
    30  possible, or in any event within three working days, if it appears  that
    31  a crime may have been committed against a client receiving services from

    32  such  provider,  unless  it appears that the crime includes an employee,
    33  intern, volunteer, consultant, contractor, or visitor  and  the  alleged
    34  conduct  caused  physical injury or the patient was subject to unauthor-
    35  ized sexual contact, or if it  appears  the  crime  is  endangering  the
    36  welfare  of  an  incompetent  or  physically disabled person pursuant to
    37  section 260.25 of the penal law, or if the crime was  any  felony  under
    38  state  or  federal  law, then the district attorney or other appropriate
    39  law enforcement official must be contacted immediately, and in any event
    40  no later than twenty-four hours and  such  other  reports,  uniform  and
    41  otherwise,  as are required by the commissioner or his or her authorized

    42  representative with respect to its operations. If  there  is  reasonable
    43  cause  to believe that the crime against the client may have occurred in
    44  a facility or program of any other service provider licensed, certified,
    45  funded or operated by a state agency, the administrator or chief  execu-
    46  tive  officer  of  such other service provider shall also be notified as
    47  soon as possible, or in any event within three  working  days.  Provided
    48  however, nothing herein shall require such report to an administrator or
    49  chief  executive  officer of a provider who is alleged to have committed
    50  the crime. The commissioner may execute a  memorandum  of  understanding
    51  with the commissioners of other appropriate state agencies to ensure the
    52  cost-effective coordination and cooperation of such agencies and provid-
    53  ers  of  services  with  regard  to the conduct of any investigation and

    54  prevention of unnecessary duplicative investigations resulting from  the
    55  report  of  an  alleged  crime  that  may have occurred in a facility or
    56  program of another service provider. Information obtained by the commis-
        S. 5795                             3
 
     1  sioner or the commission on quality of care for  the  mentally  disabled
     2  from  the  records of clients receiving services shall be kept confiden-
     3  tial in accordance with the provisions of this article.
     4    §  4.  Subdivision  2  of  section 31.11 of the mental hygiene law, as
     5  amended by chapter 435 of the laws  of  2005,  is  amended  to  read  as
     6  follows:
     7    2. making such reports as are necessary to provide notification to the
     8  district  attorney or other appropriate law enforcement official and the
     9  commissioner or his or her authorized representative as soon  as  possi-

    10  ble,  or  in  any  event within three working days, if it appears that a
    11  crime may have been committed against a patient receiving services  from
    12  such  provider,  unless  it appears that the crime includes an employee,
    13  intern, volunteer, consultant, contractor, or visitor  and  the  alleged
    14  conduct  caused  physical injury or the patient was subject to unauthor-
    15  ized sexual contact, or if it  appears  the  crime  is  endangering  the
    16  welfare  of  an  incompetent  or  physically disabled person pursuant to
    17  section 260.25 of the penal law, or if the crime was  any  felony  under
    18  state  or  federal  law, then the district attorney or other appropriate
    19  law enforcement official must be contacted immediately, and in any event

    20  no later than twenty-four hours and  such  other  reports,  uniform  and
    21  otherwise,  as are required by the commissioner or his or her authorized
    22  representative with respect to its operations. If  there  is  reasonable
    23  cause  to believe that the crime against the client may have occurred in
    24  a facility or program of any other service provider licensed, certified,
    25  funded or operated by a state agency, the administrator or chief  execu-
    26  tive  officer  of  such other service provider shall also be notified as
    27  soon as possible, or in any event within three  working  days.  Provided
    28  however, nothing herein shall require such report to an administrator or
    29  chief  executive  officer of a provider who is alleged to have committed
    30  the crime. The commissioner may execute a  memorandum  of  understanding
    31  with the commissioners of other appropriate state agencies to ensure the

    32  coordination  and cooperation of such agencies and providers of services
    33  with regard to the conduct of any investigation and prevention of unnec-
    34  essary duplicative  investigations  resulting  from  the  report  of  an
    35  alleged crime that may have occurred in a facility or program of another
    36  service  provider.  Information  obtained  by  the  commissioner  or the
    37  commission on quality of care for the mentally disabled from the records
    38  of patients receiving services shall be kept confidential in  accordance
    39  with the provisions of this chapter.
    40    §  5.  This  act  shall take effect on the sixtieth day after it shall
    41  have become a law.