•  Summary 
  •  Actions 
  •  Committee Votes 
  •  Floor Votes 
  •  Memo 
  •  Text 
  •  LFIN 
  •  Chamber Video/Transcript 

A09349 Summary:

Add §9.61, Ment Hyg L
Establishes Nicole's law, which provides for intake and discharge procedures regarding individuals with self-inflicted, life-threatening injuries.
Go to top

A09349 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    February 23, 2022
        Introduced  by M. of A. FRONTUS -- read once and referred to the Commit-
          tee on Mental Health
        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.

        A. 9349                             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,  1-800-273-8255,
    45  and whenever possible the contact information of a local assisted outpa-
    46  tient  services  provider.    Such  clinical  trial  operator shall also
    47  provide a positive message to such individual  such  as,  "If  you  need
    48  help,  I  encourage you to seek that help, most importantly it will help
    49  you feel better and hopefully you will be able  to  participate  in  the
    50  future."
    51    §  3. This act shall take effect one year after it shall have become a
    52  law. Effective immediately, the addition, amendment and/or repeal of any
    53  rule or regulation necessary for the implementation of this act  on  its
    54  effective date are authorized to be made and completed on or before such
    55  effective date.
Go to top