New York S 254: Relates to the hospitalization, care coordination, and assisted outpatient treatment for persons with mental illness by qualified clinical examiners or qualified mental health professionals

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S00254 Summary:

BILL NOS00254A

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Amd Ment Hyg L, generally

&nbsp

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 S00254 Actions:

BILL NOS00254A

&nbsp

01/08/2025REFERRED TO MENTAL HEALTH

02/20/2025AMEND AND RECOMMIT TO MENTAL HEALTH

02/20/2025PRINT NUMBER 254A

Go to topS00254 Committee&nbspVotes:

Go to topS00254 Floor&nbspVotes:

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

Go to topS00254 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 254--A

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Mental Health --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee

 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, as amended by chapter 723
 4 of the laws of 1989, the seventh undesignated paragraph as amended by
 5 chapter 595 of the laws of 2000, is amended to read as follows:
 6 § 9.01 Definitions.
 7 As used in this article:
 8 (a) "in need of care and treatment" means that a person has a mental
 9 illness for which in-patient care and treatment in a hospital is appro-
 10 priate.
 11 (b) "in need of involuntary care and treatment" means that a person
 12 has a mental illness for which care and treatment as a patient in a
 13 hospital is essential to such person's welfare and whose judgment is so
 14 impaired that [he] such person is unable to understand the need for such
 15 care and treatment.
 16 (c) "likelihood to result in serious harm" or "likely to result in
 17 serious harm" means [(a)] (i) a substantial risk of physical harm to the
 18 person as manifested by threats of or attempts at suicide or serious
 19 bodily harm or other conduct demonstrating that the person is dangerous
 20 to [himself or herself] themself, or [(b)] (ii) a substantial risk of
 21 physical harm to other persons as manifested by homicidal or other
 22 violent behavior by which others are placed in reasonable fear of seri-
 23 ous physical harm.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00751-02-5

 S. 254--A 2

 1 (d) "need for retention" means that a person who has been admitted to
 2 a hospital pursuant to this article is in need of involuntary care and
 3 treatment in a hospital for a further period.
 4 (e) "record" of a patient shall consist of admission, transfer or
 5 retention papers and orders, and accompanying data required by this
 6 article and by the regulations of the commissioner.
 7 (f) "director of community services" means the director of community
 8 services for the mentally disabled appointed pursuant to article forty-
 9 one of this chapter.
 10 (g) "qualified psychiatrist" means a physician licensed to practice
 11 medicine in New York state who: [(a)] (i) is a diplomate of the American
 12 board of psychiatry and neurology or is eligible to be certified by that
 13 board; or [(b)] (ii) is certified by the American osteopathic board of
 14 neurology and psychiatry or is eligible to be certified by that board.
 15 (h) "qualified clinical examiner" means a psychiatric nurse practi-
 16 tioner certified by the department of education, a psychologist licensed
 17 pursuant to article one hundred fifty-three of the education law, or a
 18 clinical social worker licensed pursuant to arti