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January 23, 2023

NYMGMA eNewsletter: "Health Care Professionals Now Allowed to Obtain Extreme Risk Protection Orders"

Fran Ciardullo, special counsel, had her “Health Care Professionals Now Allowed to Obtain Extreme Risk Protection Orders” article published in the December 2022 issue of the New York Beat, the monthly enewsletter from the New York Medical Group Management Association (NYMGMA). Fran’s article explores how a larger group of health care professionals is now protected under the Extreme Risk Protection Act, due to NYS Governor Hochul signing an amendment to the act last year. The act allows certain petitioners to file an application in New York State Supreme Court for an Extreme Risk Protection Order (ERPO).

“The list of petitioners now includes physicians, psychiatrists, psychologists, RNs, licensed clinical social workers, certified clinical nurse specialists, certified NPs, licensed clinical marriage and family therapists, registered professional nurses, and licensed master social workers or licensed mental health counselors.”

“An ERPO prohibits a person from purchasing or possessing firearms, rifles, or shotguns and requires the person to surrender any guns they already own or possess. An ERPO can also direct the police to search a person, premises, or a vehicle for firearms and remove them. The application is a civil proceeding. ERPO cases have no criminal charges or penalties.”

Fran’s article goes into additional detail about the process of filing an ERPO and the resulting proceedings after the ERPO is filed.

Click here to read the full article.


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