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