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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10708
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.
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.
This bill would take effect immediately.
STATE OF NEW YORK
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
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.