STATE OF NEW YORK ________________________________________________________________________ 5296 2025-2026 Regular Sessions IN SENATE February 20, 2025 ___________ Introduced by Sens. SEPULVEDA, HARCKHAM, LANZA, PALUMBO, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to establishing Nicole's law The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Nicole's law". 2 § 2. The mental hygiene law is amended by adding a new section 9.61 to 3 read as follows: 4 § 9.61 Patients with self-inflicted, life-threatening injuries. 5 1. For the purposes of this section the following terms shall have the 6 following meanings: 7 (a) "self-inflicted, life-threatening injuries" shall include suicide 8 attempts, drug overdoses, and other self-harm injuries including but not 9 limited to cutting oneself. 10 (b) "assisted outpatient services" shall mean categories of outpatient 11 services including, but not limited to, case management services or 12 assertive community treatment team services to provide care coordi- 13 nation, and may also include any of the following categories of 14 services: medication; periodic blood tests or urinalysis to determine 15 compliance with prescribed medications; individual or group therapy; day 16 or partial day programming activities; educational and vocational train- 17 ing or activities; alcohol or substance abuse treatment and counseling 18 and periodic tests for the presence of alcohol or illegal drugs for 19 persons with a history of alcohol or substance abuse; supervision of 20 living arrangements; and any other services within a local services plan 21 developed pursuant to article forty-one of this chapter, prescribed to 22 treat the person's mental illness and to assist the person in living and 23 functioning in the community, or to attempt to prevent a relapse or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09896-01-5
S. 5296 2 1 deterioration that may reasonably be predicted to result in suicide or 2 the need for hospitalization. 3 (c) "assisted outpatient services provider" shall mean any organiza- 4 tion which provides assisted outpatient services. 5 2. All hospitals operating in this state shall, with regard to intake 6 practices, ensure the following when admitting patients with self-in- 7 flicted, life-threatening injuries: 8 (a) examine each such patient's medical history to determine whether 9 such patient has had any previous incidents of self-inflicted, life- 10 threatening injuries; and 11 (b) reach out to any known family or caretaker of such patient for 12 information about any previous instances of self-inflicted, life-threat- 13 ening injuries. 14 3. Where a patient admitted with self-inflicted, life-threatening 15 injuries is identified as having previous instances of self-inflicted, 16 life-threatening injuries, the hospital shall: 17 (a) obtain such patient's previous hospital records to verify such 18 previous instances of self-inflicted, life-threatening injuries; 19 (b) examine such patient's previous hospital records to determine 20 which treatments were previously used in order to avoid repeating prac- 21 tices which failed such patient and led to repeated episodes of self-in- 22 flicted, life-threatening injuries; 23 (c) increase the minimum inpatient stay by an amount which shall be 24 directed by the commissioner of health by rule and/or regulation for 25 each previous instance of self-inflicted, life-threatening injuries; and 26 (d) make reasonable attempts to contact such patient's family or care- 27 taker in order to receive insights on such patient's mental health 28 history, and any other information which may be useful in such patient's 29 treatment. 30 4. Where a patient is being discharged after having been admitted with 31 self-inflicted, life-threatening injuries, the hospital shall: 32 (a) provide such patient's family or caretaker with notice of such 33 patient's discharge at least forty-eight hours prior to such discharge; 34 (b) ensure that hospital staff conduct a meeting with such patient, 35 which may include such patient's family or caretaker, to inform such 36 patient on what is needed to recover and how to best manage their mental 37 health; 38 (c) inform such patient of any assisted outpatient services providers 39 that could be helpful in such patient's recovery; and 40 (d) conduct a follow-up post-discharge within a time frame which shall 41 be established by the commissioner. 42 5. Where a patient is referred to an assisted outpatient services 43 provider by a hospital pursuant to paragraph (c) of subdivision four of 44 this section, such assisted outpatient services provider shall ensure 45 that such patient receives priority access to its assisted outpatient 46 services. 47 6. The operator of any clinical trial, as defined in section forty- 48 nine hundred of the public health law, which dismisses an individual 49 from consideration of participation because such individual indicates 50 that they have made a suicide attempt or have been suicidal, shall 51 provide such individual with the suicide crisis line, 1-800-273-8255, 52 and whenever possible the contact information of a local assisted outpa- 53 tient services provider. Such clinical trial operator shall also 54 provide a positive message to such individual such as, "If you need 55 help, I encourage you to seek that help, most importantly it will help
S. 5296 3 1 you feel better and hopefully you will be able to participate in the 2 future." 3 § 3. This act shall take effect one year after it shall have become a 4 law. Effective immediately, the addition, amendment and/or repeal of any 5 rule or regulation necessary for the implementation of this act on its 6 effective date are authorized to be made and completed on or before such 7 effective date.