(a) For purposes of this section, the term "mental health
professional" shall include a physician, psychiatrist, psychologist,
registered nurse, licensed clinical social worker, licensed master
social worker, licensed mental health counselor, clinical nurse
specialist, certified nurse practitioner, licensed clinical marriage and
family therapist, or a licensed professional nurse.
(b) Notwithstanding any other law to the contrary, when a mental
health professional currently providing treatment services to a person
determines, in the exercise of reasonable professional judgment, that
such person is likely to engage in conduct that would result in serious
harm to self or others, he or she shall be required to report, as soon
as practicable, to the director of community services, or the director's
designee, who shall report to the division of criminal justice services
whenever he or she agrees that the person is likely to engage in such
conduct. Information transmitted to the division of criminal justice
services shall be limited to names and other non-clinical identifying
information, which may only be used for determining whether a license
issued pursuant to section 400.00 of the penal law should be suspended
or revoked, or for determining whether a person is ineligible for a
license issued pursuant to section 400.00 of the penal law, or is no
longer permitted under state or federal law to possess a firearm.
(c) Nothing in this section shall be construed to require a mental
health professional to take any action which, in the exercise of
reasonable professional judgment, would endanger such mental health
professional or increase the danger to a potential victim or victims.
(d) The decision of a mental health professional to disclose or not to
disclose in accordance with this section, when made reasonably and in
good faith, shall not be the basis for any civil or criminal liability
of such mental health professional.
Structure New York Laws
Article 9 - Hospitalization of Persons With a Mental Illness
9.03 - Admission to a Hospital.
9.05 - Examining Physicians and Medical Certificates.
9.09 - Notices to Mental Hygiene Legal Service Concerning Minors.
9.17 - Voluntary and Informal Admissions; Suitability.
9.19 - Voluntary and Informal Admissions; Notices.
9.21 - Voluntary and Informal Admissions; Encouragement Of.
9.23 - Voluntary and Informal Admissions; Conversion To.
9.25 - Voluntary and Informal Admissions; Review of Status.
9.27 - Involuntary Admission on Medical Certification.
9.29 - Involuntary Admission on Medical Certification; Notice of Admission to Patients and Others.
9.31 - Involuntary Admission on Medical Certification; Patient's Right to a Hearing.
9.33 - Court Authorization to Retain an Involuntary Patient.
9.35 - Review of Court Authorization to Retain an Involuntary Patient.
9.37 - Involuntary Admission on Certificate of a Director of Community Services or His Designee.
9.39 - Emergency Admissions for Immediate Observation, Care, and Treatment.
9.40 - Emergency Observation, Care and Treatment in Comprehensive Psychiatric Emergency Programs.
9.43 - Emergency Assessment for Immediate Observation, Care, and Treatment; Powers of Courts.
9.46 - Reports of Substantial Risk or Threat of Harm by Mental Health Professionals.
9.47 - Duties of Local Officers in Regard to Their Persons With a Mental Illness.
9.48 - Duties of Directors of Assisted Outpatient Treatment Programs.
9.58 - Transport for Evaluation; Powers of Approved Mobile Crisis Outreach Teams.
9.59 - Immunity From Liability.
9.60 - Assisted Outpatient Treatment.
9.49 - Transfer of Juvenile Delinquents.
9.51 - Residential Treatment Facilities for Children and Youth; Admissions.
9.53 - Children in the Custody of Social Services Officials or the Division for Youth.