N.Y. Mental Hygiene Law § 9.46: Reports of substantial risk or threat of harm by mental health professionals

§ 9.46 Reports of substantial risk or threat of harm by mental health

professionals.

(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.