N.Y. Mental Hygiene Law § 36.03: 9-8-8 suicide prevention and behavioral health crisis hotline system

§ 36.03 9-8-8 suicide prevention and behavioral health crisis hotline

system.

(a) Definitions. When used in this article, the following words and

phrases shall have the following meanings unless the specific context

clearly indicates otherwise:

(1) "9-8-8" means the three digit phone number designated by the

federal communications commission for the purpose of connecting

individuals experiencing a behavioral health crisis with suicide

prevention and behavioral health crisis counselors, mobile crisis teams,

and crisis stabilization services and other behavioral health crises

services through the national suicide prevention lifeline.

(2) "9-8-8 crisis hotline center" means a state-identified and funded

center participating in the National Suicide Prevention Lifeline Network

to respond to statewide or regional 9-8-8 calls.

(3) "Crisis stabilization centers" means facilities providing

short-term observation and crisis stabilization services jointly

licensed by the office of mental health and the office of addiction

services and supports under section 36.01 of this article.

(4) "Crisis residential services" means a short-term residential

program designed to provide residential and support services to persons

with symptoms of mental illness who are at risk of or experiencing a

psychiatric crisis.

(5) "Crisis intervention services" means the continuum to address

crisis intervention, crisis stabilization, and crisis residential

treatment needs that are wellness, resiliency, and recovery oriented.

Crisis intervention services include but not limited to: crisis

stabilization centers, mobile crisis teams, and crisis residential

services.

(6) "Behavioral health professional" shall mean any of the following,

but shall not be limited to:

(i) a licensed clinical social worker, licensed under article one

hundred fifty-four of the education law;

(ii) a licensed psychologist, licensed under article one hundred

fifty-three of the education law;

(iii) a registered professional nurse, licensed under article one

hundred thirty-nine of the education law;

(iv) a licensed master social worker, licensed under article one

hundred fifty-four of the education law, under the supervision of a

physician, psychologist or licensed clinical social worker;

(v) a licensed mental health counselor, licensed under article one

hundred sixty-three of the education law; or

(vi) a credentialed alcoholism and substance use counselor with a

valid credential issued or approved by the office of addiction services

and supports.

(7) "Certified peer specialist" means an individual who is certified

as a peer in New York state from a certifying authority recognized by

the commissioner of the office of mental health.

(8) "Certified recovery peer advocate" means an individual who holds a

certification issued by an entity approved and recognized by the

commissioner of the office of addiction services and supports.

(9) "Credentialed family peer advocate" means an individual who is

credentialed as a peer in New York state from a certifying authority

recognized by the commissioner of the office of mental health or the

commissioner of the office of addiction services and supports.

(10) "Credentialed youth peer advocate" means an individual who is

credentialed as a peer in New York state from a certifying authority

recognized by the commissioner of the office of mental health or the

commissioner of the office of addiction services and supports.

(11) "Mobile crisis teams" means a team licensed, certified, or

authorized by the office of mental health and the office of addiction

services and supports to provide community-based mental health or

substance use disorder interventions for individuals who are

experiencing a mental health or substance use disorder crisis. Members

of a mobile crisis team may include, but not be limited to: behavioral

health professionals, certified peer specialists, certified recovery

peer advocates, credentialed family peer advocates, and credentialed

youth peer advocates.

(12) "National suicide prevention lifeline" or "NSPL" means the

national network of local crisis centers that provide free and

confidential emotional support to people in suicidal crisis or emotional

distress twenty-four hours a day, seven days a week via a toll-free

hotline number, which receives calls made through the 9-8-8 system. The

toll-free number is maintained by the Assistant Secretary for Mental

Health and Substance Use under Section 50-E-3 of the Public Health

Service Act, Section 290bb-36c of Title 42 of the United States Code.

(b) The commissioner of the office of mental health, in conjunction

with the commissioner of the office of addiction services and supports,

shall have joint oversight of the 9-8-8 suicide prevention and

behavioral health crisis hotline and shall work in concert with NSPL for

the purposes of ensuring consistency of public messaging.

(c) The commissioner of the office of mental health, in conjunction

with the commissioner of the office of addiction services and supports,

shall, on or before July sixteenth, two thousand twenty-two, designate a

crisis hotline center or centers to provide or arrange for crisis

intervention services to individuals accessing the 9-8-8 suicide

prevention and behavioral health crisis hotline from anywhere within the

state twenty-four hours a day, seven days a week. Each 9-8-8 crisis

hotline center shall do all of the following:

(1) A designated hotline center shall have an active agreement with

the administrator of the National Suicide Prevention Lifeline for

participation within the network.

(2) A designated hotline center shall meet NSPL requirements and best

practices guidelines for operation and clinical standards.

(3) A designated hotline center may utilize technology, including but

not limited to, chat and text that is interoperable between and across

the 9-8-8 suicide prevention and behavioral health crisis hotline system

and the administrator of the National Suicide Prevention Lifeline.

(4) A designated hotline center shall accept transfers of any call

from 9-1-1 pertaining to a behavioral health crisis.

(5) A designated hotline center shall ensure coordination between the

9-8-8 crisis hotline centers, 9-1-1, behavioral health crisis services,

and, when appropriate, other specialty behavioral health warm lines and

hotlines and other emergency services. If a law enforcement, medical, or

fire response is also needed, 9-8-8 and 9-1-1 operators shall coordinate

the simultaneous deployment of those services with mobile crisis

services.

(6) A designated hotline center shall have the authority to deploy

crisis intervention services, including but not limited to mobile crisis

teams, and coordinate access to crisis stabilization centers, and other

crisis intervention services, as appropriate, and according to

guidelines and best practices established by New York State and the

NSPL.

(7) A designated hotline center shall meet the requirements set forth

by New York State and the NSPL for serving high risk and specialized

populations including but not limited to: Black, African American,

Hispanic, Latino, Asian, Pacific Islander, Native American, Alaskan

Native; lesbian, gay, bisexual, transgender, nonbinary, queer, and

questioning individuals; veterans; members of rural communities;

individuals with intellectual and developmental disabilities;

individuals experiencing homelessness or housing instability; immigrants

and refugees; children and youth; older adults; and religious

communities as identified by the federal Substance Abuse and Mental

Health Services Administration, including training requirements and

policies for providing linguistically and culturally competent care.

(8) A designated hotline center shall provide follow-up services as

needed to individuals accessing the 9-8-8 suicide prevention and

behavioral health crisis hotline consistent with guidance and policies

established by New York State and the NSPL.

(9) A designated hotline center shall provide data, and reports, and

participate in evaluations and quality improvement activities as

required by the office of mental health and the office of addiction

services and supports.

(d) The commissioner of the office of mental health, in conjunction

with the commissioner of the office of addiction services and supports,

shall establish a comprehensive list of reporting metrics regarding the

9-8-8 suicide prevention and behavioral health crisis hotline's usage,

services and impact which, to the maximum extent practicable, shall

include, at a minimum:

(1) The volume of requests for assistance that the 9-8-8 suicide

prevention and behavioral health crisis hotline received;

(2) The average length of time taken to respond to each request for

assistance, and the aggregate rates of call abandonment;

(3) The types of requests for assistance that the 9-8-8 suicide

prevention and behavioral health crisis hotline received;

(4) The number of mobile crisis teams dispatched;

(5) The number of individuals engaged by mobile crisis teams;

(6) The number of individuals transported by mobile crisis teams to

crisis intervention services or other behavioral health crisis services;

(7) The number of individuals engaged by mobile crisis teams

transported to an emergency room;

(8) The number of individuals transferred by mobile crisis teams to

the custody of law enforcement;

(9) The number of times a mobile crisis team was the first responder

to a behavioral health crisis and the mobile crisis team had to request

deployment of law enforcement; and

(10) The age, gender, race, and ethnicity of the individual, if

reasonably ascertainable, of individuals contacted, transported, or

transferred by each mobile crisis team.

(e) The commissioner of the office of mental health, in conjunction

with the commissioner of the office of addiction services and supports,

shall submit an annual report on or by December thirty-first, two

thousand twenty-three and annually thereafter, regarding the

comprehensive list of reporting metrics to the governor, the temporary

president of the senate, the speaker of the assembly, the minority

leader of the senate and the minority leader of the assembly.

(f) Moneys allocated for the payment of costs determined in

consultation with the commissioners of mental health and the office of

addiction services and supports associated with the administration,

design, installation, construction, operation, or maintenance of a 9-8-8

suicide prevention and behavioral health crisis hotline system serving

the state, including, but not limited to: staffing, hardware, software,

consultants, financing and other administrative costs to operate crisis

call-centers throughout the state and the provision of acute and crisis

services for mental health and substance use disorder by directly

responding to the 9-8-8 hotline established pursuant to the National

Suicide Hotline Designation Act of 2020 (47 U.S.C. § 251a) and rules

adopted by the Federal Communications Commission, including such costs

incurred by the state, shall not supplant any separate existing, future

appropriations, or future funding sources dedicated to the 9-8-8 crisis

response system.