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NY A09484
Bill
Status
3/10/2016
Primary Sponsor
Phillip Steck
Click for details
AI Summary
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Requires mental health practitioners (physicians, psychologists, psychiatric nurses, nurse practitioners, and licensed clinical social workers) to make timely and reasonable efforts to reduce or eliminate risk of harm when a patient directly communicates a threat of serious, imminent harm to themselves or a readily identifiable person, and demonstrates both serious intent and ability to carry out the threat.
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Permits reasonable protective efforts to include modifying treatment, initiating hospitalization procedures, notifying the intended victim or victims, or notifying law enforcement officials.
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Exempts mental health practitioners from actions that would endanger themselves or increase danger to potential victims when exercising reasonable professional judgment.
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Requires compliance with section 9.46 of the Mental Hygiene Law when taking protective actions under this statute.
Legislative Description
Imposes a duty to protect upon mental health practitioners; requires reasonable efforts to modify aspects of treatment in order to reduce or eliminate the risk of harm, initiating procedures for hospitalization, notifying the intended victim or victims, or notifying law enforcement officials when a person directly communicates a threat of serious, imminent harm to self or against a readily identifiable person or persons, and the threat includes both a serious intent to act and the ability to carry out the threat; does not require a mental health practitioner to take any action which, in the exercise of reasonable professional judgment, would endanger such mental health practitioner or increase the danger to a potential victim or victims.
Last Action
referred to mental health
3/10/2016