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

New York Statutes

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

New York § 9.46

Law MHYMental Hygiene

Title BMental Health Act

Art. 9Hospitalization of Persons With a Mental Illness

This text of New York § 9.46 (Reports of substantial risk or threat of harm by mental health professionals) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Mental Hygiene § 9.46 (2026).

Text

§ 9.46 Reports of substantial risk or threat of harm by mental health\n         professionals.\n  (a) For purposes of this section, the term "mental health\nprofessional" shall include a physician, psychiatrist, psychologist,\nregistered nurse, licensed clinical social worker, licensed master\nsocial worker, licensed mental health counselor, clinical nurse\nspecialist, certified nurse practitioner, licensed clinical marriage and\nfamily therapist, or a licensed professional nurse.\n  (b) Notwithstanding any other law to the contrary, when a mental\nhealth professional currently providing treatment services to a person\ndetermines, in the exercise of reasonable professional judgment, that\nsuch person is likely to engage in conduct that would result in serious\nharm to self or others, he or

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§ 9.46 Reports of substantial risk or threat of harm by mental health\n professionals.\n (a) For purposes of this section, the term "mental health\nprofessional" shall include a physician, psychiatrist, psychologist,\nregistered nurse, licensed clinical social worker, licensed master\nsocial worker, licensed mental health counselor, clinical nurse\nspecialist, certified nurse practitioner, licensed clinical marriage and\nfamily therapist, or a licensed professional nurse.\n (b) Notwithstanding any other law to the contrary, when a mental\nhealth professional currently providing treatment services to a person\ndetermines, in the exercise of reasonable professional judgment, that\nsuch person is likely to engage in conduct that would result in serious\nharm to self or others, he or she shall be required to report, as soon\nas practicable, to the director of community services, or the director's\ndesignee, who shall report to the division of criminal justice services\nwhenever he or she agrees that the person is likely to engage in such\nconduct. Information transmitted to the division of criminal justice\nservices shall be limited to names and other non-clinical identifying\ninformation, which may only be used for determining whether a license\nissued pursuant to section 400.00 of the penal law should be suspended\nor revoked, or for determining whether a person is ineligible for a\nlicense issued pursuant to section 400.00 of the penal law, or is no\nlonger permitted under state or federal law to possess a firearm.\n (c) Nothing in this section shall be construed to require a mental\nhealth professional to take any action which, in the exercise of\nreasonable professional judgment, would endanger such mental health\nprofessional or increase the danger to a potential victim or victims.\n (d) The decision of a mental health professional to disclose or not to\ndisclose in accordance with this section, when made reasonably and in\ngood faith, shall not be the basis for any civil or criminal liability\nof such mental health professional.\n