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Home 动态 Info. 新闻动态 Media News 纽约州弹药与枪枪支执行安全法规定精神病患报告程序 NY SAFE Act Mandates Reporting Requirement

纽约州弹药与枪枪支执行安全法规定精神病患报告程序 NY SAFE Act Mandates Reporting Requirement

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原文标题:SAFE Act Reporting Requirement Takes Effect 3/16/13

The NYS Office of Mental Health recently issued guidance materials for health care professionals who are subject to the new SAFE Act reporting requirement codified at §9.46 of the Mental Hygiene Law. This new requirement mandates that certain mental health professionals (physicians, psychologists, registered nurses and LCSWs) make a report about

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an individual "who is likely to engage in conduct that would result in serious harm to self or others." The effective date of the new reporting requirement is March 16, 2013.

 

 

Instructions for Making a Report

Reports must be made using a new online reporting system that will be accessible through the OMH website (http://www.omh.ny.gov/omhweb/safe_act/). OMH will act as a central clearinghouse for submission of reports, which will relieve any burden on providers to identify the appropriate governmental authority that should be contacted in their particular locality.

The online reporting system includes the following information fields:

1. The name of the provider*

2. Provider type*

3. Provider's email address*, date of birth*, phone number*, last 4 digits of SSN*, and license number*, where applicable

4. Whether the individual is currently a hospitalized patient, and if so, name of hospital

5. Professional relationship between the provider and person who is the subject of the report and date individual was last seen*

6. Name*, county of residence*, address, date of birth, approximate age*, gender*, race, diagnosis,

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and SSN of person who is the subject of the report

 

7. Reason the provider believes the person is likely to engage in conduct that would result in serious harm to self or others*

*Required fields.

Guidance materials include a Sample Completed Report to assist providers in the event they need to make a report.  Regarding item 7 listed above, please note that OMH is not seeking a detailed medical or psychiatric history and the required fields above require limited clinical information.  Rather, the provider should provide a simple declarative sentence regarding the threatened conduct.  We suggest that all members review the Sample Completed Report carefully for guidance on how to complete the online form

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in the event they are required to make a report.

 

 

NYSPA's Position

As mentioned in previous E-Bulletins, NYSPA has objected to the current language of the reporting requirement because it does not require that the potential threat be imminent in addition to serious.  The serious and imminent standard for disclosure of health information to prevent harm to self or others is already well-established and codified in Mental Hygiene Law §33.13 and the HIPAA privacy regulations.

It is interesting to note that the Sample Completed Report includes the following example entry:   "Sam has threatened to kill his wife and children by tomorrow."  This statement clearly includes the element of imminence.  As a result, the guidance and instructions appear to expand the reporting requirement to apply only in the case of threats to self or others that are both serious and imminent - a suggestion that NYSPA had made to the Governor's Office in its draft re-write of the bill language.

In addition, the online form includes the following reminder to health care professionals:  "In the event of imminent risk of harm to self or others, call 911."  This reminder further supports NYSPA's argument that MHL §9.46 should be amended to include an explicit requirement for a report to law enforcement or someone reasonably able to prevent or mitigate the potential threat.

Finally, the guidance materials includes a reference to MHL §9.01, which defines the term "likelihood to result in serious harm" to mean threats, or attempts at, suicide/serious bodily harm to self, or homicidal/violent behavior towards others.  According to OMH, this standard justifies the need for immediate action, further underlining the requirement that such a report should only be made in the face of an imminent and serious threat to health or safety.

Since the passage of the SAFE Act, NYSPA has been actively pursuing chapter amendments to the reporting requirement to explicitly include a standard of imminence, to require reports be made to law enforcement and to provide greater protections for health care providers who are subject to the statute.  We will provide any updates as soon as they are made available via the NYSPA E-Bulletin.

 

For more information, please use the following links:

3/12/13 Webinar power point presentation: http://www.omh.ny.gov/omhweb/safe_act/nysafe.pdf

FAQs about the reporting requirement: http://www.omh.ny.gov/omhweb/safe_act/faq.html

SAFE Act Guidance Document: http://www.omh.ny.gov/omhweb/safe_act/guidance.pdf

User Guide for assistance with filing a report: http://www.omh.ny.gov/omhweb/safe_act/user_guide.pdf

We also recommend watching the video entitled Webcast for Providers posted on the SAFE Act homepage (http://www.omh.ny.gov/omhweb/safe_act/).

最后更新 ( 2016-07-22 19:52 )