Article 9.46 New York State Mental Hygiene Law (effective
March 16, 2013)
All mental health practioners should
be aware that Article 9.46 MHL involves reporting a
name to a database for gun control purposes. 9.46
MHL is a reporting statute only, it does not trigger any other action and will not help a mentally ill person receive
In the event of an
emergency (imminent risk of harm to self or others),
call 911 or follow your established procedures for
urgent or emergent situations requiring immediate action.
The Mobil Crisis Team can be reached at 516-572-6419.
Procedures regarding reports of substantial risk or threat
of harm by mental health professionals:
Click here to
view Article 9.46 of the New York State Mental Hygiene
Who must report under 9.46 MHL:
Only mental health professionals who are:
- registered nurses, or
- licensed clinical social workers
and are currently treating the
person being reported. The report should be made
to the Director of Community Services (Mental Health
Director) of the County where the person being reported
What are the criteria for reporting:
In the exercise of reasonable professional judgment,
the mental health professional determines that the person
is likely to engage in conduct that would result in serious
harm to self or others. The standard "likelihood
to result in serious harm" means threats of, or
attempts at, suicide/serious bodily harm to self, or
homicidal/violent behavior towards others. This
standard justifies the need for immediate action, as
a public safety measure, to prevent harm. Mental
health professionals must use reasonable professional
judgment when making this determination.
Exception to Reporting:
Mental Health Professionals are not required
to report if, in the exercise of reasonable professional
judgment, the mental health professional believes that
reporting would endanger the mental health professional
or increase the danger to a potential victim or victims.
What information must be reported:
- Identifying Information for
the person being reported: Name, Address,
Date of Birth or Approximate Age, Gender, Race and
Social Security Number of the person being reported
- Diagnoses (Axis
I and Axis II)
- The reason the reporting
professional believes that the person is likely to
engage in conduct that would result in serious harm
to self or others.
- Treatment relationship of
the reporting professional to the subject of the report,
including last date seen by the reporting professional.
- Identifying information of the reporting
professional: Name, Licensed Profession,
Professional license number, last four digits of
the professional's Social Security number, phone
number and e-mail address where the reporting professional
can be reached if additional information is needed.
- The report must include an affirmation
that you are the professional listed as making the
report, and that the report is truthful to the best
of your knowledge.
How to make a report (available
on or after 3/16/13):
Click here to
complete the online form to file a report on a Nassau
County resident under Article 9.46 of the New York State
Mental Hygiene Law.
Click here for
OMH resource for clinicians on the NY SAFE Act and Section
9.46 of the Mental Health Law.