N.Y. MHY Law § 36.03 — New York Code / Act MHY / Title E / Article 36 / Section 36.03
9-8-8 suicide prevention and behavioral health crisis hotline system
Status: in_force

§ 36.03 9-8-8 suicide prevention and behavioral health crisis hotline\n                system.\n  (a) Definitions. When used in this article, the following words and\nphrases shall have the following meanings unless the specific context\nclearly indicates otherwise:\n  (1) "9-8-8" means the three digit phone number designated by the\nfederal communications commission for the purpose of connecting\nindividuals experiencing a behavioral health crisis with suicide\nprevention and behavioral health crisis counselors, mobile crisis teams,\nand crisis stabilization services and other behavioral health crises\nservices through the national suicide prevention lifeline.\n  (2) "9-8-8 crisis hotline center" means a state-identified and funded\ncenter participating in the National Suicide Prevention Lifeline Network\nto respond to statewide or regional 9-8-8 calls.\n  (3) "Crisis stabilization centers" means facilities providing\nshort-term observation and crisis stabilization services jointly\nlicensed by the office of mental health and the office of addiction\nservices and supports under section 36.01 of this article.\n  (4) "Crisis residential services" means a short-term residential\nprogram designed to provide residential and support services to persons\nwith symptoms of mental illness who are at risk of or experiencing a\npsychiatric crisis.\n  (5) "Crisis intervention services" means the continuum to address\ncrisis intervention, crisis stabilization, and crisis residential\ntreatment needs that are wellness, resiliency, and recovery oriented.\nCrisis intervention services include but not limited to: crisis\nstabilization centers, mobile crisis teams, and crisis residential\nservices.\n  (6) "Behavioral health professional" shall mean any of the following,\nbut shall not be limited to:\n  (i) a licensed clinical social worker, licensed under article one\nhundred fifty-four of the education law;\n  (ii) a licensed psychologist, licensed under article one hundred\nfifty-three of the education law;\n  (iii) a registered professional nurse, licensed under article one\nhundred thirty-nine of the education law;\n  (iv) a licensed master social worker, licensed under article one\nhundred fifty-four of the education law, under the supervision of a\nphysician, psychologist or licensed clinical social worker;\n  (v) a licensed mental health counselor, licensed under article one\nhundred sixty-three of the education law; or\n  (vi) a credentialed alcoholism and substance use counselor with a\nvalid credential issued or approved by the office of addiction services\nand supports.\n  (7) "Certified peer specialist" means an individual who is certified\nas a peer in New York state from a certifying authority recognized by\nthe commissioner of the office of mental health.\n  (8) "Certified recovery peer advocate" means an individual who holds a\ncertification issued by an entity approved and recognized by the\ncommissioner of the office of addiction services and supports.\n  (9) "Credentialed family peer advocate" means an individual who is\ncredentialed as a peer in New York state from a certifying authority\nrecognized by the commissioner of the office of mental health or the\ncommissioner of the office of addiction services and supports.\n  (10) "Credentialed youth peer advocate" means an individual who is\ncredentialed as a peer in New York state from a certifying authority\nrecognized by the commissioner of the office of mental health or the\ncommissioner of the office of addiction services and supports.\n  (11) "Mobile crisis teams" means a team licensed, certified, or\nauthorized by the office of mental health and the office of addiction\nservices and supports to provide community-based mental health or\nsubstance use disorder interventions for individuals who are\nexperiencing a mental health or substance use disorder crisis. Members\nof a mobile crisis team may include, but not be limited to: behavioral\nhealth professionals, certified peer specialists, certified recovery\npeer advocates, credentialed family peer advocates, and credentialed\nyouth peer advocates.\n  (12) "National suicide prevention lifeline" or "NSPL" means the\nnational network of local crisis centers that provide free and\nconfidential emotional support to people in suicidal crisis or emotional\ndistress twenty-four hours a day, seven days a week via a toll-free\nhotline number, which receives calls made through the 9-8-8 system. The\ntoll-free number is maintained by the Assistant Secretary for Mental\nHealth and Substance Use under Section 50-E-3 of the Public Health\nService Act, Section 290bb-36c of Title 42 of the United States Code.\n  (b) The commissioner of the office of mental health, in conjunction\nwith the commissioner of the office of addiction services and supports,\nshall have joint oversight of the 9-8-8 suicide prevention and\nbehavioral health crisis hotline and shall work in concert with NSPL for\nthe purposes of ensuring consistency of public messaging.\n  (c) The commissioner of the office of mental health, in conjunction\nwith the commissioner of the office of addiction services and supports,\nshall, on or before July sixteenth, two thousand twenty-two, designate a\ncrisis hotline center or centers to provide or arrange for crisis\nintervention services to individuals accessing the 9-8-8 suicide\nprevention and behavioral health crisis hotline from anywhere within the\nstate twenty-four hours a day, seven days a week. Each 9-8-8 crisis\nhotline center shall do all of the following:\n  (1) A designated hotline center shall have an active agreement with\nthe administrator of the National Suicide Prevention Lifeline for\nparticipation within the network.\n  (2) A designated hotline center shall meet NSPL requirements and best\npractices guidelines for operation and clinical standards.\n  (3) A designated hotline center may utilize technology, including but\nnot limited to, chat and text that is interoperable between and across\nthe 9-8-8 suicide prevention and behavioral health crisis hotline system\nand the administrator of the National Suicide Prevention Lifeline.\n  (4) A designated hotline center shall accept transfers of any call\nfrom 9-1-1 pertaining to a behavioral health crisis.\n  (5) A designated hotline center shall ensure coordination between the\n9-8-8 crisis hotline centers, 9-1-1, behavioral health crisis services,\nand, when appropriate, other specialty behavioral health warm lines and\nhotlines and other emergency services. If a law enforcement, medical, or\nfire response is also needed, 9-8-8 and 9-1-1 operators shall coordinate\nthe simultaneous deployment of those services with mobile crisis\nservices.\n  (6) A designated hotline center shall have the authority to deploy\ncrisis intervention services, including but not limited to mobile crisis\nteams, and coordinate access to crisis stabilization centers, and other\ncrisis intervention services, as appropriate, and according to\nguidelines and best practices established by New York State and the\nNSPL.\n  (7) A designated hotline center shall meet the requirements set forth\nby New York State and the NSPL for serving high risk and specialized\npopulations including but not limited to: Black, African American,\nHispanic, Latino, Asian, Pacific Islander, Native American, Alaskan\nNative; lesbian, gay, bisexual, transgender, nonbinary, queer, and\nquestioning individuals; veterans; members of rural communities;\nindividuals with intellectual and developmental disabilities;\nindividuals experiencing homelessness or housing instability; immigrants\nand refugees; children and youth; older adults; and religious\ncommunities as identified by the federal Substance Abuse and Mental\nHealth Services Administration, including training requirements and\npolicies for providing linguistically and culturally competent care.\n  (8) A designated hotline center shall provide follow-up services as\nneeded to individuals accessing the 9-8-8 suicide prevention and\nbehavioral health crisis hotline consistent with guidance and policies\nestablished by New York State and the NSPL.\n  (9) A designated hotline center shall provide data, and reports, and\nparticipate in evaluations and quality improvement activities as\nrequired by the office of mental health and the office of addiction\nservices and supports.\n  (d) The commissioner of the office of mental health, in conjunction\nwith the commissioner of the office of addiction services and supports,\nshall establish a comprehensive list of reporting metrics regarding the\n9-8-8 suicide prevention and behavioral health crisis hotline's usage,\nservices and impact which, to the maximum extent practicable, shall\ninclude, at a minimum:\n  (1) The volume of requests for assistance that the 9-8-8 suicide\nprevention and behavioral health crisis hotline received;\n  (2) The average length of time taken to respond to each request for\nassistance, and the aggregate rates of call abandonment;\n  (3) The types of requests for assistance that the 9-8-8 suicide\nprevention and behavioral health crisis hotline received;\n  (4) The number of mobile crisis teams dispatched;\n  (5) The number of individuals engaged by mobile crisis teams;\n  (6) The number of individuals transported by mobile crisis teams to\ncrisis intervention services or other behavioral health crisis services;\n  (7) The number of individuals engaged by mobile crisis teams\ntransported to an emergency room;\n  (8) The number of individuals transferred by mobile crisis teams to\nthe custody of law enforcement;\n  (9) The number of times a mobile crisis team was the first responder\nto a behavioral health crisis and the mobile crisis team had to request\ndeployment of law enforcement; and\n  (10) The age, gender, race, and ethnicity of the individual, if\nreasonably ascertainable, of individuals contacted, transported, or\ntransferred by each mobile crisis team.\n  (e) The commissioner of the office of mental health, in conjunction\nwith the commissioner of the office of addiction services and supports,\nshall submit an annual report on or by December thirty-first, two\nthousand twenty-three and annually thereafter, regarding the\ncomprehensive list of reporting metrics to the governor, the temporary\npresident of the senate, the speaker of the assembly, the minority\nleader of the senate and the minority leader of the assembly.\n  (f) Moneys allocated for the payment of costs determined in\nconsultation with the commissioners of mental health and the office of\naddiction services and supports associated with the administration,\ndesign, installation, construction, operation, or maintenance of a 9-8-8\nsuicide prevention and behavioral health crisis hotline system serving\nthe state, including, but not limited to: staffing, hardware, software,\nconsultants, financing and other administrative costs to operate crisis\ncall-centers throughout the state and the provision of acute and crisis\nservices for mental health and substance use disorder by directly\nresponding to the 9-8-8 hotline established pursuant to the National\nSuicide Hotline Designation Act of 2020 (47 U.S.C. § 251a) and rules\nadopted by the Federal Communications Commission, including such costs\nincurred by the state, shall not supplant any separate existing, future\nappropriations, or future funding sources dedicated to the 9-8-8 crisis\nresponse system.\n