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A10708 Summary:

BILL NOA10708
 
SAME ASSAME AS S08592
 
SPONSORGunther
 
COSPNSRJaffee, Miller ML
 
MLTSPNSR
 
Amd 33.17, Ment Hyg L
 
Relates to transportation of individuals; provides that within staffing limitations and upon request, an individual who is being transported to or from a facility may be accompanied by same gender staff.
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A10708 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10708
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the mental hygiene law, in relation to transportation of patients   PURPOSE OF THE BILL: This bill would amend Mental Hygiene Law (MHL) § 33.17 to make the stat- ute gender neutral, allowing for individuals to be transported by any staff member, while continuing to provide for same gender staff trans- portation within staffing limitations and upon an individual's request.   SUMMARY OF PROVISIONS: Section 1 of this bill would amend the title to section 33.17 of the Mental Hygiene Law to "Transportation of individuals". Section 2 would amend the current language to add "Within staffing limi- tations and upon request, an individual who is being transported to or from a facility may be accompanied by same gender staff." It removes the reference to female patient and the need for female staff and/or father, brother, husband or son accompanying a female being transported. Section 3 of the bill would provide for an immediate effective date.   JUSTIFICATION: Mental Hygiene Law Section 33.17 was adopted in 1927. At that time, services for people with developmental disabilities were primarily provided in large institutions where people would live for decades. During those infrequent times when people were transferred between facilities, the law provided that any female being transported would need to be accompanied by another female, unless accompanied by her father, brother, husband, or son. This amendment recognizes the need for gender neutrality and acknowl- edges the development of a community-based system of services and supports, with individuals of all genders needing transportation to a wide variety of activities and appointments, and modifies the law's restriction on who may provide transportation services to prevent restrictions on the flexibility necessary to provide person-centered supports. The amendment of this statute would allow agencies providing services to people with disabilities to be more responsive to individual needs, while acknowledging an individual's preference and providing appropriate same gender staff, based upon availability and/or request.   PRIOR LEGISLATIVE HISTORY: This is a new proposal.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This bill would take effect immediately.
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A10708 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10708
 
                   IN ASSEMBLY
 
                                      May 14, 2018
                                       ___________
 
        Introduced  by  M. of A. GUNTHER -- (at request of the Office for People
          with Developmental Disabilities) -- read  once  and  referred  to  the
          Committee on Mental Health
 
        AN ACT to amend the mental hygiene law, in relation to transportation of
          patients
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 33.17 of the mental hygiene law, as  renumbered  by
     2  chapter 978 of the laws of 1977, is amended to read as follows:
     3  § 33.17 Transportation of [female patients] individuals.
     4    [Any  female patient] Within staffing limitations and upon request, an
     5  individual who is being transported to or from a facility [shall] may be
     6  accompanied by [another female, unless accompanied by her father, broth-
     7  er, husband, or son] same gender staff.
     8    § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14367-02-8
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