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NY A01632

Bill

Status

Introduced

1/12/2015

Primary Sponsor

Gary Pretlow

Click for details

Origin

Assembly

2015-2016 General Assembly

AI Summary

  • Repeals and replaces Section 9.46 of the Mental Hygiene Law to authorize mental health professionals (physicians, psychologists, nurse practitioners, and licensed clinical social workers) to disclose when a patient presents serious and imminent danger to self or others.

  • Requires disclosure to endangered individuals (if identifiable), law enforcement agencies, and the Director of Community Service or designee, with reasons documented in the treatment record.

  • Limits information reported to the Division of Criminal Justice Services to non-clinical identifying information for purposes of suspending/revoking or determining ineligibility for firearm licenses under Penal Law Section 400.00.

  • Protects mental health professionals from civil or criminal liability for decisions to disclose or not disclose under this section, absent malice or intentional misconduct.

  • Takes effect immediately upon enactment.

Legislative Description

Relates to reports of substantial risk or threat of harm by mental health professionals.

Last Action

referred to mental health

1/6/2016

Committee Referrals

Mental Health1/12/2015

Full Bill Text

No bill text available