New York S 9039: Prohibits the use of the term "excited delirium" as a diagnosis, label, or cause of death

Bill Text

STATE OF NEW YORK
________________________________________________________________________
9039--A
IN SENATE
April 11, 2024
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Health -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the public health law, the county law, the executive law
and the state finance law, in relation to prohibiting the use of the
term excited delirium as a diagnosis, label, or cause of death
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 4 of section 4141 of the public health law is
2 amended by adding a new paragraph (e) to read as follows:
3 (e) No death certificate shall cite excited delirium as a diagnosis,
4 label, cause of death, or contributing factor to any death. For the
5 purposes of this paragraph, the term "excited delirium" shall mean a
6 term used to describe a person's state of agitation, excitability, para-
7 noia, extreme aggression, physical violence, and apparent immunity to
8 pain that is not listed in the most current version of the Diagnostic
9 and Statistical Manual of Mental Disorders, or for which the court finds
10 there is insufficient scientific evidence or diagnostic criteria to be
11 recognized as a medical condition. Excited delirium also includes
12 excited delirium syndrome, excited delirium, hyperactive delirium,
13 agitated delirium, and exhaustive mania.
14 § 2. Section 677 of the county law is amended by adding a new subdivi-
15 sion 2-a to read as follows:
16 2-a. No report of any autopsy or other examination shall cite excited
17 delirium as a cause or means or manner of death. For the purposes of
18 this subdivision, the term "excited delirium" shall mean a term used to
19 describe a person's state of agitation, excitability, paranoia, extreme
20 aggression, physical violence, and apparent immunity to pain that is not
21 listed in the most current version of the Diagnostic and Statistical
22 Manual of Mental Disorders, or for which the court finds there is insuf-
23 ficient scientific evidence or diagnostic criteria to be recognized as a
24 medical condition. Excited delirium also includes excited delirium
25 syndrome, excited delirium, hyperactive delirium, agitated delirium, and
26 exhaustive mania.
27 § 3. The executive law is amended by adding a new section 837-y to
28 read as follows:
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD13987-05-4

S. 9039--A 2
1 § 837-y. Prohibition of use of excited delirium. 1. No report by a law
2 enforcement officer or peace officer shall reference excited delirium in
3 such report.
4 2. No law enforcement officer or peace officer shall take any action
5 with respect to an individual in response to such individual being diag-
6 nosed or labeled as having or being in a state of excited delirium. No
7 training shall be provided that requires, encourages, or permits any
8 action in response to an individual being diagnosed or labeled as having
9 or being in a state of excited delirium.
10 3. For the purposes of this section, "excited delirium" shall mean a
11 term used to describe a person's state of agitation, excitability, para-
12 noia, extreme aggression, physical violence, and apparent immunity to
13 pain that is not listed in the most current version of the Diagnostic
14 and Statistical Manual of Mental Disorders, or for which the court finds
15 there is insufficient scientific evidence or diagnostic criteria to be
16 recognized as a medical condition. Excited delirium also includes
17 excited delirium syndrome, excited delirium, hyperactive delirium,
18 agitated delirium, and exhaustive mania.
19 § 4. The state finance law is amended by adding a new section 139-m to
20 read as follows:
21 § 139-m. Prohibition of use of excited delirium. 1. As used in this
22 section:
23 (a) "Contractor" means any person, firm, partnership, corporation,
24 association, company, organization or other similar entity, or any
25 combination thereof, including any subcontractor thereof, that employs
26 employees to perform work pursuant to an agreement with a public agency.
27 (b) "Public agency" means the state, and any department, agency,
28 board, bureau, commission, division, council or office of the state or
29 any political subdivision thereof, as defined in section one hundred of
30 the general municipal law, a municipal corporation as defined in section
31 sixty-six of the general construction law and any district thereof, a
32 public benefit corporation, or local or state authority as defined in
33 section two of the public authorities law, and any other entity author-
34 ized and empowered to enter into any contract or arrangement to conduct
35 economic development activity on behalf of any such public agency.
36 (c) "Excited delirium" means a te