315.000 VIOLENCE AND ABUSE

315.984           Ban the Gay/Trans (LGBTQ+) Panic Defense

MSSNY will support state legislation or regulation banning the use of the so-called “gay or trans (LGBTQ+) panic” defense in homicide, manslaughter, physical or sexual assault cases; and will send a resolution to the AMA with the following two resolves:

RESOLVED, Our AMA will seek a federal law banning the use of the so-called “gay or trans (LGBTQ+) panic” defense in homicide, manslaughter, physical or sexual assault cases, and be it further 

RESOLVED, Our AMA will publish an issue brief and talking points on the topic of so called “gay or trans (LGBTQ+)  panic” defense, that can be used by the AMA in seeking federal legislation, and can be used and adapted by state and specialty medical societies, other allies, and stakeholders as model legislation when seeking state legislation to ban the use of so-called “gay or trans (LGBTQ+) panic” defense to mitigate personal responsibility for violent crimes such as assault, rape, manslaughter, or homicide. (HOD 2021-AMA #3; referred to Council, adopted 4/15/21)

315.985           Comprehensive Minimal Facility Security Standards

The Medical Society of the State of New York will advocate for development of appropriate minimal facility security standards for all New York State licensed hospitals by a broad based professional advisory panel.  (HOD 2018-109)

315.986           A Resolution on Gun Violence: SUNSET HOD 2024

315.987:          Physicians and the Public Health Issue of Gun Safety

MSSNY will adopt the goal of reducing gun-related deaths by one half by 2030, and will work with the appropriate local, state and federal agencies to accomplish this goal. (HOD 2013-215; Modified and Reaffirmed HOD 2023)

315.988:          Violent Acts of Youth and Violent Acts Upon Youth

MSSNY will continue its efforts to create awareness of violence and acts of violence against children and adolescents by revising and updating the 2006 House of Delegates white paper entitled, “Protecting New York State’s Children in the 21^st Century”; and will continue to educate and work with members of the medical and substance abuse community, members of the New York State Legislature, and the various state agencies associated with young children and adolescents to develop protective factors that will benefit New York State’s youth. (HOD 2013-152; Reaffirmed HOD 2019 in lieu of res 153))

315.989           Elder Mistreatment:  SUNSET HOD 2019

315.990           Sexually Violent Predators Civil Commitment Law:

MSSNY completely recognizes and supports the state’s obligation to protect the citizens of New York State from sexually violent predators, and opposes legislation or regulation which attempts to create new definitions of mental illness to misuse existing psychiatric medical diagnoses or require psychiatric physicians and/or psychiatric treatment facilities to accept such diagnostic categories.  Any sexually violent predator program should be placed under the auspices of another, non-medical department, such as the Department of Corrections, not under the Office of Mental Health and that funding for any sexually violent predator program should not come at the expense of the Office of Mental Health.  (HOD 2006-169; Reaffirmed HOD 2016)

315.991           Troubled Youth and Violence:

MSSNY supports legislation that children who take guns or other weapons to school should receive an evaluation by a psychiatrist and that those children who are determined by such evaluation to have a mental illness should receive appropriate treatment.

MSSNY supports teacher and parental educational initiatives to better enable them (a) to identify children with severe mental illness/emotional disturbance at risk for psychiatric illness, substance abuse, and potentially dangerous behaviors, and (b) to be aware of available treatments to assist these children and their families.

MSSNY reaffirms its support for parity of health insurance coverage for mental illness including children.

MSSNY will encourage the New York State Education Department to develop and implement a comprehensive unit in every grade, pre-school through grade 12, on anger management, peer mediation, and non-violent conflict resolution.

MSSNY will encourage the New York State Education Department to support adequate ratios of supervising adults to students, both during the school day and during off-school hours, and advocate for increased resources within the school, including before- and after-school (“wrap-around”) activities and increased personnel such as school nurse-teachers, counselors, and similar staff, to assist in educating children and their families about mental illness/emotional problems and to serve as resources to other school personnel.

MSSNY will support funding for not-for-profit community organizations that work with normal, troubled and/or addicted youth and their families to develop and promote safe, enriching, out of school alcohol and drug free activities for families, as well as parent education classes including, but not limited to, parenting skills, anger management, identifying early warning signs of substance use, gang involvement, deviant behavior, and community resources for management of the same.

MSSNY will support the establishment of guidelines by the New York State Education Department and funding for their implementation to help schools to deal effectively and safely with children whose violent or potentially-violent behavior constitutes a risk to self or others, and to find immediate screening, prevention, alternate programming and treatment in those instances where a bona fide mental health emergency has been demonstrated.

MSSNY will support funding to school districts, not-for-profit agencies, and communities to develop high quality, effective alternate programming, emergency evaluation and intervention, and short-, medium- and long-term treatment for children across the spectrum of mental illness.

MSSNY will continue to support efforts by the Legislature and the Governor to address media influence on youth violence.  (HOD 1999-175, referred to &, adopted by Council 12/00; Reaffirmed HOD 2014 Reaffirmed HOD 2019 in lieu of res 153)

315.992           Violence Against Physicians, Health Care Workers and Others:

MSSNY will work with the New York State Society of Internal Medicine and other recognized specialty societies, to formulate, within current budgetary constraints, a public and professional awareness campaign in response to the recent trends towards violence against physicians and other health care workers in the performance of their duties.  MSSNY shall condemn, without exception, the violence or threat of violence to physicians, health care workers and other individuals who are practicing according to their conscience, and in compliance with the law.  (HOD 1999-202; Reaffirmed Council 11/13/03; Reaffirmed HOD 2013; Reaffirmed HOD 2018-109)

315.993           Development of Programs Focused on Identification and Treatment of Troubled Youths:  SUNSET HOD 2014

315.994           Need for Adequate Training of Teachers to Identify Potentially Dangerous Children and the Provision of Adequate Insurance Coverage to Provide for Their Treatment:  SUNSET HOD 2014

315.995           Violence and Abuse – Addition of Anti-Violence Statements to Birth and Marriage Certificates: SUNSET HOD 2014

315.996           Identification and Reporting – Licensure Mandated CME:

MSSNY has reiterated its opposition to all mandated courses tied to licensure.  Inasmuch as there is a mandated course of identification and reporting of child abuse and maltreatment for physicians and other medical personnel, it is the Society’s position that all other professionals and personnel possibly involved in child abuse cases, including all judges, attorneys, court personnel, social service workers and others be mandated to complete course work or training in child abuse and family violence as a licensure or job requirement.  (HOD 1993-62; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

315.997           Dissemination of Information on Violence and Abuse: SUNSET HOD 2014

315.998           Educational Programs: SUNSET HOD 2023

315.999           Physicians’ Responsibility to Report Suspected Child Abuse:  SUNSET HOD 2023