Add 7.50, Ment Hyg L; add 3055, Pub Health L; amd 156 & 840, add 214-i & 170-g, Exec L
 
Establishes a training program for first responders, including firefighters, police officers and emergency medical services personnel, for handling emergency situations involving individuals in emotional distress or experiencing an emotional or mental health crisis; requires documents utilized by state agencies, public authorities and municipalities to replace the term "emotionally disturbed person" with the term "person in crisis".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7083
SPONSOR: Chandler-Waterman
 
TITLE OF BILL:
An act to amend the mental hygiene law, the public health law and the
executive law, in relation to establishing a training program for first
responders for handling emergency situations involving individuals
in emotional distress or experiencing an emotional or mental health
crisis; and to amend the executive law, in relation to requiring docu-
ments utilized by state agencies, public authorities and munici-
palities to replace the term "emotionally disturbed person" with the
term "person in crisis"
 
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the mental hygiene law, the public health law and the
executive law, in relation to establishing training program for first
responders for handling emergency situations involving individuals in
emotional distress or experiencing an emotional or mental health crisis;
and to amend the executive law, in relation to requiring documents
utilized by state agencies, public authorities and municipalities to
replace the term "emotionally disturbed person" with the term "person in
crisis".
 
SUMMARY OF PROVISIONS:
Section 1. The mental hygiene law is amended by adding a new section 2
7.50 to read as follows7 3 § 7.50 First responder training. ;)The
commissioner, in consultation with the commissioner of health, the
office of fire prevention and control, the municipal police training
council, and the superintendent of state police, shall develop a train-
ing program and associated training materials, to provide instruction
and information to firefighters, police officers and emergency medical
services personnel on appropriate recognition and response techniques
for handling emergency situations involving individuals in emotional
distress or experiencing an emotional or mental health crisis. Such
training program and materials shall include training in sensitivity to
descriptive terms used with reference to the person in crisis; shall
require a person experiencing in emotional distress or experiencing and
emotional or mental health crisis to be referred to being a "person in
crisis"; and shall prohibit the use of the terra "emotionally disturbed
person'. The training program and associated training materials shall
include any other information deemed necessary and appropriate by the
commissioner.'
(b) Such training shall address appropriate response techniques for
dealing with.both adults and minors in emotional distress or experienc-
ing an emotional or mental health crisis. (c) Such training program may
be developed as an online program. § 2. The public health law is amended
by adding a new section 3055 to 25 read as follows: § 3055. Emergency
situations involving individuals in emotional distress or experiencing
an emotional or mental health crisis. In coordination with the commis-
sioner of the office of mental health, the commissioner shall provide
the training program relating to handling emergency situations involving
individuals in emotional distress or experiencing an emotional or mental
health crisis and associated training materials pursuant to section 7.50
of the mental hygiene law to all emergency medical services personnel
including, but not limited to, first responders, emergency medical tech-
nicians, advanced emergency medical technicians and emergency vehicle
operators. § 3. Section 156 of the executive law is amended by adding a
new subdivision to read as follows: In coordination with the commission-
er of the office of mental health, provide the training program relating
to handling emergency situations involving individuals in emotional
distress or experiencing an emotional or mental health crisis and asso-
ciated training materials pursuant to section 7.50 of the mental hygiene
law to all firefighters, both paid and Volunteer. The office shall adopt
all necessary rules and regulations relating to such training, including
the process by which training hours are allocated to counties as well as
a uniform procedure for requesting-and providing additional training
hours. § 4. Section 840 of the executive law is amended by adding a new
subdivision 8 to read as follows: The council shall, in addition:
(a)Develop, maintain and disseminate, in consultation with the commis-
sioner of the office of mental health, written policies and procedures
consistent with section 7.50of the.mental hygiene law, regarding the
handling of emergency situations involving individuals in emotional
distress or experiencing an emotional or mental health crisis. Such
policies and procedures shall make provisions for the education and
training of new and veteran police officers on the handling of emergency
situations involving individuals in emotional distress or experiencing
an emotional or mental health crisis; and (b) Recommend to the governor,
rules and regulations with respect to the establishment and implementa-
tion on an ongoing basis of a training program for all current and new
police officers regarding the policies and procedures established pursu-
ant to this subdivision, along with recommendations for periodic
retraining of police officers. 8 § 5. The executive law is amended by
adding a new section 214-i to 9 read as follows: § _214-i. Emergency
situations involving people in emotional distress or experiencing an
emotional or mental health crisis. The superintendent shall, for all
members of the state police:
1. Develop, maintain and disseminate, in consultation with the commis-
sioner of mental health, written policies and procedures consistent with
section 7.50 of the mental hygiene law, regarding the handling of emer-
gency situations involving individuals in emotional distress or experi-
encing an emotional or mental health crisis. Such policies and proce-
dures shall make provisions for the education and training of new and
veteran police officers on the handling of emergency, situations involv-
ing individuals in emotional' distress or experiencing an emotional or
mental health crisis; and
2.Recommend to the governor, rules and regulations with respect to
establishment and implementation on an ongoing basis of a training
program for all current and new police officers regarding the policies
and procedures established pursuant to this section, along with recom-
mendations for periodic retraining of police officers.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
This bill serves as way to ensure that there is efficient and beneficial
training for first responders when handling emergencies involving indi-
viduals in emotional or mental distress or crisis. So often, individuals
experiencing crisis or met with situations where they were not handled
with the appropriate care when they needed it the most. When taken with
the fact that black people are grouped as the highest risk of depression
and other mental illnesses but are the least likely to seek help and
have the appropriate help this issue is far too significant to under-
mine.
 
PRIOR LEGISLATIVE HISTORY:
N/A
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or.before such effective date.
STATE OF NEW YORK
________________________________________________________________________
7083
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the mental hygiene law, the public health law and the
executive law, in relation to establishing a training program for
first responders for handling emergency situations involving indi-
viduals in emotional distress or experiencing an emotional or mental
health crisis; and to amend the executive law, in relation to requir-
ing documents utilized by state agencies, public authorities and
municipalities to replace the term "emotionally disturbed person"
with the term "person in crisis"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The mental hygiene law is amended by adding a new section
2 7.50 to read as follows:
3 § 7.50 First responder training.
4 (a) The commissioner, in consultation with the commissioner of health,
5 the office of fire prevention and control, the municipal police training
6 council, and the superintendent of state police, shall develop a train-
7 ing program and associated training materials, to provide instruction
8 and information to firefighters, police officers and emergency medical
9 services personnel on appropriate recognition and response techniques
10 for handling emergency situations involving individuals in emotional
11 distress or experiencing an emotional or mental health crisis. Such
12 training program and materials shall include training in sensitivity to
13 descriptive terms used with reference to the person in crisis; shall
14 require a person experiencing in emotional distress or experiencing an
15 emotional or mental health crisis to be referred to being a "person in
16 crisis"; and shall prohibit the use of the term "emotionally disturbed
17 person". The training program and associated training materials shall
18 include any other information deemed necessary and appropriate by the
19 commissioner.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06576-01-3
A. 7083 2
1 (b) Such training shall address appropriate response techniques for
2 dealing with both adults and minors in emotional distress or experienc-
3 ing an emotional or mental health crisis.
4 (c) Such training program may be developed as an online program.
5 § 2. The public health law is amended by adding a new section 3055 to
6 read as follows:
7 § 3055. Emergency situations involving individuals in emotional
8 distress or experiencing an emotional or mental health crisis. In coor-
9 dination with the commissioner of the office of mental health, the
10 commissioner shall provide the training program relating to handling
11 emergency situations involving individuals in emotional distress or
12 experiencing an emotional or mental health crisis and associated
13 training materials pursuant to section 7.50 of the mental hygiene law
14 to all emergency medical services personnel including, but not
15 limited to, first responders, emergency medical technicians,
16 advanced emergency medical technicians and emergency vehicle operators.
17 § 3. Section 156 of the executive law is amended by adding a new
18 subdivision 23 to read as follows:
19 23. In coordination with the commissioner of the office of mental
20 health, provide the training program relating to handling emergency
21 situations involving individuals in emotional distress or experiencing
22 an emotional or mental health crisis and associated training materials
23 pursuant to section 7.50 of the mental hygiene law to all firefighters,
24 both paid and volunteer. The office shall adopt all necessary rules and
25 regulations relating to such training, including the process by which
26 training hours are allocated to counties as well as a uniform procedure
27 for requesting and providing additional training hours.
28 § 4. Section 840 of the executive law is amended by adding a new
29 subdivision 8 to read as follows:
30 8. The council shall, in addition:
31 (a) Develop, maintain and disseminate, in consultation with the
32 commissioner of the office of mental health, written policies and proce-
33 dures consistent with section 7.50 of the mental hygiene law, regarding
34 the handling of emergency situations involving individuals in emotional
35 distress or experiencing an emotional or mental health crisis. Such
36 policies and procedures shall make provisions for the education and
37 training of new and veteran police officers on the handling of emergency
38 situations involving individuals in emotional distress or experiencing
39 an emotional or mental health crisis; and
40 (b) Recommend to the governor, rules and regulations with respect to
41 the establishment and implementation on an ongoing basis of a training
42 program for all current and new police officers regarding the policies
43 and procedures established pursuant to this subdivision, along with
44 recommendations for periodic retraining of police officers.
45 § 5. The executive law is amended by adding a new section 214-i to
46 read as follows:
47 § 214-i. Emergency situations involving people in emotional distress
48 or experiencing an emotional or mental health crisis. The superintendent
49 shall, for all members of the state police:
50 1. Develop, maintain and disseminate, in consultation with the commis-
51 sioner of mental health, written policies and procedures consistent with
52 section 7.50 of the mental hygiene law, regarding the handling of emer-
53 gency situations involving individuals in emotional distress or experi-
54 encing an emotional or mental health crisis. Such policies and proce-
55 dures shall make provisions for the education and training of new and
56 veteran police officers on the handling of emergency situations involv-
A. 7083 3
1 ing individuals in emotional distress or experiencing an emotional or
2 mental health crisis; and
3 2. Recommend to the governor, rules and regulations with respect to
4 establishment and implementation on an ongoing basis of a training
5 program for all current and new police officers regarding the policies
6 and procedures established pursuant to this section, along with recom-
7 mendations for periodic retraining of police officers.
8 § 6. The executive law is amended by adding a new section 170-g to
9 read as follows:
10 § 170-g. Mental health references contained in state and municipal
11 forms. No form or preprinted document utilized by a state agency or
12 public authority or by a municipality shall use the term "emotionally
13 disturbed person" to identify or denote a person in emotional distress
14 or experiencing an emotional or mental health crisis. Any form or
15 preprinted document utilizing such term shall be amended no later than
16 January first, two thousand twenty-four to replace the term "emotionally
17 disturbed person" with the term "person in crisis" or to otherwise refer
18 to such persons as experiencing distress or an emotional or mental
19 health crisis.
20 § 7. This act shall take effect on the one hundred eightieth day
21 after it shall have become a law. Effective immediately, the addition,
22 amendment and/or repeal of any rule or regulation necessary for the
23 implementation of this act on its effective date are authorized to be
24 made and completed on or before such effective date.