NY A03431

Repeals and replaces Section 9.46 of the Mental Hygiene Law regarding disclosures by mental health professionals of patients presenting serious and imminent danger.

Authorizes 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, including to the endangered individual(s), law enforcement, and the director of community services.

Requires the director of community services to report to the division of criminal justice services when they agree the person presents serious and imminent danger, limited to non-clinical identifying information for firearm licensing determinations 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.