Bill Text: NY A04731 | 2011-2012 | General Assembly | Introduced


Bill Title: Prohibits the co-mingling of adolescent and adult patients in office of mental health run residential facilities.

Spectrum: Strong Partisan Bill (Democrat 31-3)

Status: (Passed) 2011-07-20 - signed chap.157 [A04731 Detail]

Download: New_York-2011-A04731-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4731
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 7, 2011
                                      ___________
       Introduced by M. of A. TITONE, JAFFEE, LUPARDO, TOBACCO, PAULIN, GIBSON,
         RUSSELL,  MILLMAN,  MENG, KAVANAGH, CRESPO, LAVINE, M. MILLER, ZEBROW-
         SKI, WEPRIN, THIELE, JEFFRIES, ROBINSON, CASTRO, BARRON, MAYERSOHN  --
         Multi-Sponsored  by  --  M. of A. BOYLAND, GABRYSZAK, GOTTFRIED, HOYT,
         MARKEY, PHEFFER, REILLY, SALADINO,  SCHIMEL,  SWEENEY,  WEISENBERG  --
         read once and referred to the Committee on Mental Health
       AN  ACT  to  amend  the  mental  hygiene law, in relation to prohibiting
         co-mingling of adolescent and adult patients in residential facilities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 7.09 of the mental hygiene law is amended by adding
    2  a new subdivision (k) to read as follows:
    3    (K)  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROHIBIT-
    4  ING THE CO-MINGLING OF ADOLESCENT  AND  ADULT  PATIENTS  IN  RESIDENTIAL
    5  FACILITIES  OPERATED  BY THE OFFICE AND PROGRAMS SUBJECT TO AN OPERATING
    6  CERTIFICATE PURSUANT TO SECTION 31.02 OF THIS CHAPTER.   SUCH RULES  AND
    7  REGULATIONS  SHALL  ADDRESS  AGE SPECIFIC CONCERNS AND NEEDS OF PATIENTS
    8  AND SHALL INCLUDE BUT NOT BE LIMITED TO: PROTOCOLS  AND  PROCEDURES  FOR
    9  APPROPRIATE AGE AND PROGRAM SEPARATION IN BOTH RESIDENTIAL AND TREATMENT
   10  PROGRAMS; PREVENTIVE AND REMEDIAL ACTIONS, INCLUDING INCIDENT REPORTING,
   11  TO  BE TAKEN TO PREVENT INCIDENTS OF ABUSE OR MALTREATMENT; AND SECURITY
   12  REQUIREMENTS NECESSARY TO INSURE THE HEALTH AND SAFETY OF ADOLESCENT AND
   13  ADULT PATIENTS.
   14    S 2. This act shall take effect immediately; provided, that any  rules
   15  and  regulations necessary to implement the provisions of section one of
   16  this act shall be promulgated within one hundred twenty days after  this
   17  act  shall  take effect and, provided further that 30 days prior to such
   18  promulgation,  the  commissioner  of  mental  health  shall  submit  the
   19  required  rules and regulations to the governor, the temporary president
   20  of the senate and the speaker of the assembly for their review.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04514-01-1
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