STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman PAMELA R. LAMPITT
District 6 (Burlington and Camden)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
Assemblywoman HEATHER SIMMONS
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblymen DePhillips, Sampson, Assemblywomen Quijano, Pintor Marin, Assemblymen Peterson, Calabrese, Assemblywoman Katz, Assemblymen Atkins, Rodriguez, Barlas, Assemblywoman Dunn, Assemblyman Scharfenberger, Assemblywoman Flynn, Assemblymen Auth, DiMaio, Assemblywoman Carter, Assemblymen Bergen, Torrissi, Assemblywoman Matsikoudis, Assemblymen Inganamort, Verrelli, Schnall, DeAngelo, Assemblywoman Hall, Assemblyman Conaway, Assemblywoman Speight, Assemblymen Sauickie, Karabinchak, Assemblywoman Haider, Assemblyman Azzariti Jr., Assemblywoman Ramirez, Assemblyman Marenco, Assemblywomen Peterpaul, Donlon, Tucker, Drulis, Collazos-Gill, Bagolie, Assemblymen Miller, Bailey, Danielsen, Kanitra, Assemblywomen Park, McCann Stamato, Fantasia and Reynolds-Jackson
SYNOPSIS
Right to Mental Health for Individuals who are Deaf or Hard of Hearing Act; establishes certain requirements concerning provision of mental health services to individuals who are deaf or hard of hearing.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning access to mental health services for people who are deaf and hard of hearing and supplementing Title 30 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the Right to Mental Health for Individuals who are Deaf or Hard of Hearing Act.
2. The Legislature finds and declares that:
a. Individuals who are deaf or hard of hearing, as a group, represent an underserved population in many respects, particularly with regard to access to mental health services.
b. Individuals who are deaf or hard of hearing often require highly specialized mental health services because of communication barriers and other complex needs.
c. Research shows that individuals who are deaf or hard of hearing are subject to significantly more risks to their mental health than are individuals who are able to hear, for reasons that include, but are not limited to, issues involving communication access in general, deficient communication with family members, educators, and treating healthcare professionals, and access to appropriate educational services and culturally affirmative and linguistically appropriate physical and mental health services.
d. Some individuals who are deaf or hard of hearing may have secondary disabilities that affect the type and manner of the mental health services the individual needs. For example, individuals who are deaf and blind often have diverse ways of communicating, such as through the use of tactile sign language.
e. Being deaf or hard of hearing affects the most basic human needs, including the ability to communicate with other human beings. Many individuals who are deaf or hard of hearing use sign language, which may be their primary method of communication, while other individuals who are deaf or hard of hearing receive language orally and aurally, with or without visual signs or cues. However, some individuals who are deaf or hard of hearing lack any significant language skills, may experience language deprivation, or both.
f. Individuals who are deaf or hard of hearing frequently possess highly diverse communication skills and experience highly diverse communication challenges. The nature and timing of a hearing loss, the success of medical or therapeutic remediation efforts, and the accessibility of sign language or spoken language at home, school, and in other settings, each shape the way that hearing loss affects an individual who is deaf or hard of hearing.
g. The communication ability of an individual who is deaf or hard of hearing can vary widely, and can be affected by factors such as the individuals innate abilities and the degree to which the individual has been supported in language acquisition. Some individuals who are deaf or hard of hearing are multilingual, with fluency in more than one communication method, while others are alingual, with fluency in no communication methods. However, it is not uncommon for individuals who are deaf or hard of hearing to have poorly developed language skills in both sign language and spoken language.
h. It is essential that individuals who are deaf or hard of hearing:
(1) have access to appropriate mental health services that are provided in the primary communication method used by the individual, as determined by the individuals preference, by the results of an appropriate communication assessment, or both;
(2) have access to services provided by mental health professionals who are fluent in the individuals primary method of communication, understand the unique nature of being deaf or hard of hearing, possess the knowledge and training to work effectively with individuals who are deaf or hard of hearing to provide culturally affirmative and linguistically appropriate mental health services, and who can collaborate skillfully with interpreters;
(3) have access to mental health professionals who are familiar with the unique culture and needs of individuals who are deaf or hard of hearing, as a lack of awareness of the special needs of individuals who are deaf or hard of hearing or a lack training in working with individuals who are deaf or hard of hearing can result in misdiagnosis of a mental health issue;
(4) are involved in determining the scope, content, and purpose of the mental health services they are provided, which services should be tailored for delivery to the individual who is deaf or hard of hearing; and
(5) have access to mental health services that provide appropriate one-on-one access to a full continuum of mental health services, including all modes of therapy and evaluation, as well as access to specialized mental health services that are consistent with best practices and use appropriate curricula, staff, and outreach to support the unique mental health needs of individuals who are deaf or hard of hearing.
i. Individuals who are deaf or hard of hearing should have access to a resource guide listing the mental health services in this State that offer the best access and provide the most specialized mental health services for clients.
j. Individuals who are deaf or hard of hearing will benefit from the development and implementation of State and regional services designed to address their unique and specialized mental health needs.
3. As used in this act:
Certified mental health professional means a psychiatrist, psychologist, advanced practice nurse, therapist, counselor, or social worker licensed or certified to practice under Title 45 of the Revised Statutes who is certified by the Division of the Deaf and Hard of Hearing in the Department of Human Services as: fluent in one or more primary communication methods; a specialist who is trained and experienced in working skillfully with interpreters; and knowledgeable of the cultural needs of clients.