New York S 10218: Relates to the hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness by qualified clinical examiners or qualified mental health professionals

Bill Text

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S10218 Summary:

BILL NOS10218 

&nbsp

SAME ASNo Same As

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SPONSORBOTTCHER

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COSPNSR

&nbsp

MLTSPNSR

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Amd Ment Hyg L, generally

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Relates to the hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness by qualified clinical examiners or qualified mental health professionals; defines qualified clinical examiner and qualified mental health professional.

Go to top S10218 Actions:

BILL NOS10218 

&nbsp

05/06/2026REFERRED TO MENTAL HEALTH

Go to topS10218 Committee&nbspVotes:

Go to topS10218 Floor&nbspVotes:

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

Go to topS10218 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10218

 IN SENATE

 May 6, 2026
 ___________

 Introduced by Sen. BOTTCHER -- 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 the hospitaliza-
 tion, care coordination, and assisted outpatient treatment for persons
 with mental illness by qualified clinical examiners or qualified
 mental health professionals

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

 1 Section 1. This act shall be known and may be cited as the "Harness
 2 Expertise of Licensed Professionals Act" or the "H.E.L.P." act.
 3 § 2. Section 9.01 of the mental hygiene law is amended by adding 2 new
 4 subdivisions (h) and (i) to read as follows:
 5 (h) "qualified clinical examiner" means a psychiatric nurse practi-
 6 tioner certified by the department of education, a psychologist licensed
 7 pursuant to article one hundred fifty-three of the education law, or a
 8 clinical social worker licensed pursuant to article one hundred fifty-
 9 four of the education law.
 10 (i) "qualified mental health professional" means a qualified clinical
 11 examiner, a professional nurse registered pursuant to article one
 12 hundred thirty-nine of the education law, or any of the following work-
 13 ing under the supervision of a physician or qualified clinical examiner:
 14 a master social worker licensed pursuant to article one hundred fifty-
 15 four of the education law, a mental health counselor licensed pursuant
 16 to article one hundred sixty-three of the education law, or a marriage
 17 and family therapist licensed pursuant to article one hundred sixty-
 18 three of the education law.
 19 § 3. Section 9.05 of the mental hygiene law, as amended by section 2
 20 of part EE of chapter 57 of the laws of 2025, is amended to read as
 21 follows:
 22 § 9.05 Examining physicians, qualified clinical examiners, examining
 23 psychiatric nurse practitioners, and medical certificates.
 24 (a) A person is disqualified from acting as an examining physician,
 25 qualified clinical examiner, or examining psychiatric nurse practitioner
 26 in the following cases:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00751-04-6

 S. 10218 2

 1 1. if they are a relative of the person applying for the admission or
 2 of the person alleged to be mentally ill.
 3 2. if they are a manager, trustee, visitor, proprietor, officer,
 4 director, or stockholder of the hospital in which the patient is hospi-
 5 talized or to which it is proposed to admit such person, except as
 6 otherwise provided in this chapter, or if they have any pecuniary inter-
 7 est, directly or indirectly, in such hospital, provided that receipt of
 8 fees, privileges, or compensation for treating or examining patients in
 9 such hospital shall not be deemed to be a pecuniary interest.
 10 3. if they are on the staff of a proprietary facility to which it is
 11 proposed to admit such person.
 12 (b) A certificate, as required by this article, must show that the
 13 person is mentally ill and shall be based on an examination of the
 14 person alleged to be mentally ill made within ten days prior to the date
 15 of admission. The date of the certificate shall be the date of such
 16 examination. All certificates shall contain the facts and circumstances
 17 upon which the judgment of the physician, qualified clinical examiner,
 18 or psychiatric nurse practitioner is based and shall show that