BILL NUMBER: S5296
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to establishing
Nicole's law
 
PURPOSE:
This bill will be known as "Nicole's Law." This bill would create a
red-flag system to ensure individuals admitted to hospitals following a
self-inflicted, life-threatening injury would receive enhanced person-
centered treatment, their families are provided with resources on how to
card for this vulnerable population, an appropriate discharge plan
including an immediate connection to community services, with the person
receiving priority access to community services and follow-up with the
individual following discharge. The bill would also address the prac-
tices of how psychiatric clinical trials handle perspective participants
disqualified because of a previous suicide attempt within the calendar
year.
 
SUMMARY OF PROVISIONS:
Section 1: This act shall be known and may be cited as "Nicole's law"
Section 2 defines how to identify and red-flag an individual meeting
Nicole's Law criteria; defines enhanced inpatient treatment for this
population; details how the law would aim to increase family partic-
ipation in the recovery process. The bill requires the Commissioner of
the Department of Health to promulgate proper discharge planning for
this population. It also requires language on how to improve the prac-
tices when one fails to qualify for a psychiatric clinical trial
conducted in New York State due to a prior incident of suicidality in
the previous calendar year.
Section 3: Effective Date
 
JUSTIFICATION:
Nicole Ettere was a 37-year-old, and very vivacious woman who worked
diligently in the medical field for over 10 years prior to her illness,
body dysmorphia. She struggled with anxiety and depression and in March
2017 was unable to continue working. She was briefly hospitalized five
times after five suicide attempts from June through August of 2017.
Nicole took her own life on September 19, 2017. This bill aims to
address and curtail the raising suicide rates in New York State which
are currently outpacing the alarming national rates. While there are
many factors contributing to this disturbing trend, one of the leading
factors and one that can be immediately addressed is enhancing the qual-
ity and focus of the treatment someone receives following a self-in-
flicted, life-threatening injury. It is also critical that someone
receives appropriate discharge planning and is connected to community-
based services and given priority access to those services during the
especially vulnerable period immediately following a discharge from a
hospital or psychiatric facility.
The law also acknowledges the crucial role families play in the recovery
process and would ensure families receive resources and support on how
to care for someone following a self-inflicted, life-threatening injury.
The law would also establish a best practice for increasing access to
services for people who have failed to qualify for clinical research
trials due to having a suicidal incident in the past year. Together
Nicole's Law will enhance inpatient care and the family's role in recov-
ery as well as increase and ease the access to community-based care for
a population most at risk of engaging in a self-inflicted-life threaten-
ing injury. Most importantly, Nicole's Law will save lives.
 
LEGISLATIVE HISTORY:
S.4345 of 2023-2024: Referred to Mental Health;
S. 4957 of 2021-22: Referred to Mental Health
S. 6629 of 2020: Referred to Mental Health and Developmental Disabili-
ties
S. 6629 of 2019: Referred to Rules
 
EFFECTIVE DATE:
This act will take effect one year after it becomes law.