Bill Text: NY A08357 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits co-mingling of adolescent and adult patients in certain hospitals licensed by the office of mental health.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2011-07-21 - signed chap.188 [A08357 Detail]

Download: New_York-2011-A08357-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8357
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 14, 2011
                                      ___________
       Introduced by M. of A. TITONE -- 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  certain  hospitals
         licensed by the office of mental health; and to amend a chapter of the
         laws  of 2011, amending the mental hygiene law relating to prohibiting
         co-mingling of adolescent and adult patients  in  residential  facili-
         ties,  as  proposed in legislative bills numbers S.3745 and A.4731, in
         relation to the effectiveness thereof; and to repeal  subdivision  (k)
         of section 7.09 of the mental hygiene law relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision (k) of section 7.09 of the mental hygiene  law,
    2  as  added  by a chapter of the laws of 2011, amending the mental hygiene
    3  law relating to prohibiting co-mingling of adolescent and adult patients
    4  in residential facilities, as  proposed  in  legislative  bills  numbers
    5  S.3745 and A.4731, is REPEALED.
    6    S  2. Section 2 of a chapter of the laws of 2011, amending  the mental
    7  hygiene law relating to prohibiting co-mingling of adolescent and  adult
    8  patients  in  residential  facilities,  as proposed in legislative bills
    9  numbers S.3745 and A.4731, is amended to read as follows:
   10    S 2. This act shall take effect immediately[; provided, that any rules
   11  and regulations necessary to implement the provisions of section one  of
   12  this  act shall be promulgated within one hundred twenty days after this
   13  act shall take effect and, provided further that 30 days prior  to  such
   14  promulgation,  the  commissioner  of  mental  health  shall  submit  the
   15  required rules and regulations to the governor, the temporary  president
   16  of the senate and the speaker of the assembly for their review].
   17    S  3.  Section  31.04 of the mental hygiene law is amended by adding a
   18  new subdivision (e) to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13043-01-1
       A. 8357                             2
    1    (E) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  PROHIBIT-
    2  ING  THE  CO-MINGLING  OF  CHILDREN  AND  ADOLESCENT PATIENTS WITH ADULT
    3  PATIENTS, IN HOSPITALS LICENSED BY THE  OFFICE.  SUCH  RULES  AND  REGU-
    4  LATIONS SHALL PROVIDE THAT CHILDREN AND ADOLESCENTS SHALL NOT BE CO-MIN-
    5  GLED WITH ADULTS IN RESIDENTIAL AREAS OF SUCH HOSPITALS, NOR SHALL CHIL-
    6  DREN AND ADOLESCENTS RECEIVE SERVICES IN GROUPS WHICH INCLUDE ADULTS. IN
    7  EXTRAORDINARY  CIRCUMSTANCES,  SUCH  CO-MINGLING  MAY  BE PERMITTED UPON
    8  WRITTEN APPROVAL OF  THE  OFFICE,  CONSIDERING  THE  CLINICAL  NEEDS  OF
    9  PATIENTS,  AS  WELL  AS  APPLICABLE  HEALTH  AND  SAFETY CONCERNS.   THE
   10  PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO RESIDENTIAL  TREATMENT
   11  FACILITIES FOR CHILDREN AND YOUTH.
   12    S  4.  This act shall take effect immediately; provided, however, that
   13  section one of this act shall take effect on the same date as a  chapter
   14  of  the  laws  of  2011,  amending    the mental hygiene law relating to
   15  prohibiting co-mingling of adolescent and adult patients in  residential
   16  facilities,  as proposed in legislative bills numbers S.3745 and A.4731,
   17  takes effect; and provided further, however, that if a  chapter  of  the
   18  laws  of  2011, amending  the mental hygiene law relating to prohibiting
   19  co-mingling of adolescent and adult patients in residential  facilities,
   20  as  proposed  in  legislative bills numbers S.3745 and A.4731, shall not
   21  have taken effect on or before such date then section two  of  this  act
   22  shall  take effect on the same date and in the same manner as such chap-
   23  ter of the laws of 2011 takes effect.