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NY A04847
Bill
Status
2/5/2019
Primary Sponsor
Phillip Steck
Click for details
AI Summary
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Adds section 9.42 to the Mental Hygiene Law establishing a duty for licensed mental health practitioners to take reasonable efforts to reduce or eliminate risks of harm when a patient directly communicates a threat of serious, imminent harm to themselves or a readily identifiable person with serious intent and ability to carry out the threat.
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Defines "mental health practitioner" to include physicians, psychologists, registered psychiatric nurses, nurse practitioners, and licensed clinical social workers licensed in New York State.
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Permits reasonable efforts to include modifying treatment aspects, initiating hospitalization procedures, notifying intended victims, or notifying law enforcement officials.
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Protects mental health practitioners from civil or criminal liability, including unprofessional conduct charges, when they reasonably and in good faith disclose confidential patient information or take protective actions under this section.
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Exempts mental health practitioners from any requirement to take action that would endanger themselves or increase danger to potential victims when exercising reasonable professional judgment.
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
1/8/2020