Requires victims of firearm violence be offered and/or provided psychiatric care

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          4969

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                    February 14, 2025
                                       ___________

        Introduced  by  Sens.  BAILEY, COMRIE, FERNANDEZ, HOYLMAN-SIGAL, WEBB --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Health

        AN  ACT to amend the public health law, in relation to requiring victims
          of firearm violence be offered and/or provided psychiatric care

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section  1.  The  public health law is amended by adding a new section
     2  2805-aa to read as follows:
     3    § 2805-AA. HOSPITAL FIREARM VIOLENCE POLICIES AND PROCEDURES.  1.  FOR
     4  THE PURPOSES OF THIS SECTION, THE TERM "FIREARM VIOLENCE" SHALL MEAN ANY
     5  BULLET  WOUND,  GUNSHOT  WOUND, POWDER BURN, OR ANY OTHER INJURY ARISING
     6  FROM OR CAUSED BY THE DISCHARGE OF A GUN OR FIREARM.
     7    2. EVERY GENERAL HOSPITAL SHALL: (A) DEVELOP, MAINTAIN AND DISSEMINATE
     8  WRITTEN POLICIES AND  PROCEDURES  FOR  THE  IDENTIFICATION,  ASSESSMENT,
     9  TREATMENT  AND  REFERRAL  OF  CONFIRMED  OR  SUSPECTED  CASES OF FIREARM
    10  VIOLENCE; (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS,  A  TRAINING
    11  PROGRAM FOR ALL NURSING, MEDICAL, SOCIAL WORK AND OTHER CLINICAL PERSON-
    12  NEL,  AND SECURITY PERSONNEL WORKING IN HOSPITAL SERVICE UNITS REGARDING
    13  THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO  THIS  SECTION;  AND
    14  (C)  DESIGNATE A STAFF MEMBER TO CONTACT PSYCHIATRIC SERVICES IDENTIFIED
    15  BY THE COMMISSIONER UNDER SUBDIVISION FOUR  OF  THIS  SECTION  PROVIDING
    16  VICTIM  ASSISTANCE  TO  THE  GEOGRAPHIC  AREA SERVED BY SUCH HOSPITAL TO
    17  ESTABLISH THE COORDINATION OF SERVICES TO FIREARM VIOLENCE VICTIMS.
    18    3. UPON DISCHARGE FROM TREATMENT OF A CONFIRMED OR SUSPECTED VICTIM OF
    19  FIREARM VIOLENCE, SUCH HOSPITAL SHALL ADVISE THE VICTIM  OF  THE  AVAIL-
    20  ABILITY  OF  PSYCHIATRIC  SERVICES RELATING TO FIREARM VIOLENCE. IF SUCH
    21  FIREARM  VIOLENCE  VICTIM  REQUESTS  PSYCHIATRIC  SERVICES  RELATING  TO
    22  FIREARM  VIOLENCE, SUCH HOSPITAL SHALL INITIATE THE COORDINATION OF SUCH
    23  SERVICES.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09098-01-5
        S. 4969                             2

     1    4. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
     2  BE NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY THE PROVISIONS OF  THIS
     3  SECTION.  PRIOR  TO PROMULGATING SUCH RULES AND REGULATIONS, THE COMMIS-
     4  SIONER SHALL CONSULT WITH THE NEW YORK STATE FIREARM  VIOLENCE  RESEARCH
     5  INSTITUTE  AND OTHER SUCH ENTITIES AND PERSONS AS THE COMMISSIONER DEEMS
     6  NECESSARY TO DEVELOP A MODEL POLICY FOR HOSPITALS TO UTILIZE IN  COMPLY-
     7  ING  WITH THIS SECTION AND TO IDENTIFY ORGANIZATIONS PROVIDING PSYCHIAT-
     8  RIC SERVICES RELATING TO FIREARM VIOLENCE OPERATING IN  EACH  HOSPITAL'S
     9  GEOGRAPHIC  AREA,  A  LIST  OF  WHICH  THE COMMISSIONER SHALL PROVIDE TO
    10  HOSPITALS WITH THE MODEL POLICY.
    11    § 2. This act shall take effect on the ninetieth day  after  it  shall
    12  have become a law. Effective immediately, the addition, amendment and/or
    13  repeal  of  any  rule  or regulation necessary for the implementation of
    14  this act on its effective date are authorized to be made  and  completed
    15  on or before such effective date.