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NY A03455

Bill

Status

Introduced

1/26/2021

Primary Sponsor

Gary Pretlow

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Repeals and replaces Mental Hygiene Law § 9.46 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 services, with reasons fully documented in the patient's treatment record.

  • Limits information reported to the Division of Criminal Justice Services to name and non-clinical identifying information, usable only for firearm license suspension, revocation, or eligibility determinations under Penal Law § 400.00.

  • Protects mental health professionals from civil or criminal liability for disclosure or non-disclosure decisions made in good faith and 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

1/5/2022

Committee Referrals

Mental Health1/26/2021

Full Bill Text

No bill text available