As many of you have heard
from press reports, on January 15, 2013, Governor Andrew
Cuomo signed into law the NY Secure Ammunition and
Firearms Enforcement Act of 2013 (the “Act”) that is
designed to curb gun violence particularly in the wake
of the Newtown tragedy. The Act contains new provisions
that are important for all healthcare providers to
understand.
Section 20 of the Act adds a new Section 9.46 to the
Mental Hygiene Law. As drafted, this new section
obligates mental health professionals in New York --
defined to include physicians, psychologists, registered
nurses, and licensed clinical social workers -- to make
reports to the Director of Community Services or its
designee about individuals under treatment whom they
believe, in the exercise of their reasonable
professional judgment, are likely to engage in conduct
that may result in serious harm to themselves or others.
Such reports are required to be made “as soon as
practicable.”As
stated in the legislative history, the purpose of this
Section is for the local mental health officials to make
a determination as to whether there is a serious threat
posed by these individuals that would warrant a report
made to the New York State Division of Criminal Justice
Services to revoke any gun permits that these
individuals may have, and to place these individuals on
a registry that prevents them from obtaining gun permits
in the future.
This requirement is
scheduled to take effect March 16, 2013. Presumably,
before that time, the Office of Mental Health will be
issuing regulations as to the means and the matter of
these reports. The Act, however, provides that the
information reported to the New York State Division of
Criminal Justice Services is to be limited to names and
other non-clinical identifying information.
The new provisions also
provide some protection for the decision-making of
mental health professionals. A mental health
professional is not required to act if, in the exercise
of reasonable professional judgment, such action would
endanger the mental health professional or increase the
danger to a potential victim or victims. Furthermore,
the decision to report (or not report) to the Director
of Community Services, when made "reasonably and in good
faith," shall not be the basis for any civil or criminal
liability of the mental health professional.
On another note, the Act
also modifies Kendra’s law, the assisted outpatient
treatment law, by extending the initial duration of an
outpatient treatment order from six months to one year
and requiring a review by the appropriate mental health
director before the expiration of the outpatient
treatment order.
* * * * *
As more information
becomes known about these new procedures, we will
continue to provide you with updates.
In the meantime, please
direct any questions to the
GW Attorney to
whom you ordinarily speak.
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