New York S 6077: Relates to the regulation of ingredients in personal care products

Bill Text

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S06077 Summary:

BILL NOS06077 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §33.04, add §33.10, Ment Hyg L

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Relates to restraint of individuals in facilities under the jurisdiction of the office of mental health; establishes procedures which must be followed in order to restrain patients who are served in mental hygiene facilities.

Go to top S06077 Actions:

BILL NOS06077 

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03/05/2025REFERRED TO MENTAL HEALTH

01/07/2026REFERRED TO MENTAL HEALTH

Go to topS06077 Committee&nbspVotes:

Go to topS06077 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06077 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6077

 2025-2026 Regular Sessions

 IN SENATE

 March 5, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health

 AN ACT to amend the mental hygiene law, in relation to restraint of
 individuals in facilities under the jurisdiction of the office of
 mental health

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (a) of section 33.04 of the mental hygiene law,
 2 as added by chapter 779 of the laws of 1977 and such section as renum-
 3 bered by chapter 334 of the laws of 1980, is amended to read as follows:
 4 (a) As used in this section, "restraint" means the use of an apparatus
 5 on a patient which prevents the free movement of both arms or both legs
 6 or which totally immobilizes such patient, and which the patient is
 7 unable to remove easily, provided, however, that restraint in facilities
 8 licensed or operated by the office of mental health shall be authorized
 9 and implemented in accordance with section 33.10 of this article, which
 10 shall fully supersede the provisions of this section with respect to
 11 such facilities.
 12 § 2. The mental hygiene law is amended by adding a new section 33.10
 13 to read as follows:
 14 § 33.10 Restraint and seclusion in facilities licensed or operated by
 15 the office of mental health.
 16 (a) Applicability. This section shall apply to hospitals and residen-
 17 tial treatment facilities for children and youth, as both terms are
 18 defined in section 1.03 of this chapter, and secure treatment facilities
 19 as defined in section 10.03 of this chapter, that are certified or oper-
 20 ated by the office of mental health. Unless specifically authorized in
 21 regulations establishing any other program category governed by the
 22 office of mental health, the use of restraint or seclusion is not
 23 permitted.
 24 (b) Definitions. For purposes of this section:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10599-01-5

 S. 6077 2

 1 (1) "Drug used as a restraint" means the use of a drug or medication
 2 as a restriction to manage a patient's behavior or restrict such
 3 patient's freedom of movement, that is not a standard treatment or
 4 dosage for the patient's medical or psychiatric condition, provided,
 5 however, that the use of medication to completely immobilize a patient
 6 is prohibited.
 7 (2) "Mechanical restraint" means an apparatus which restricts an indi-
 8 vidual's movement of the head, limbs or body, and which the individual
 9 is unable to remove. 
 10 (3) "Manual restraint" means a physical method used to restrict a
 11 person's freedom of movement or normal access to such person's body.
 12 (4) "Restraint" means a physical, pharmacological, or mechanical meas-
 13 ure which restricts an individual's ability to freely move such individ-
 14 ual's head, limbs, or body, and means and includes mechanical restraint,
 15 manual restraint, and drug used as a restraint.
 16 (5) "Seclusion" means the involuntary placement of an individual alone
 17 in a room or area from which such individual is physically prevented
 18 from leaving, or from which such individual reasonably believes that
 19 such individual will be prevented from leaving, provided, however, it
 20 shall not mean locking, securing, or otherwise restricting a person in
 21 such person's room during overnight sleeping hours, when such person is
 22