Bill Text: NY A00889 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes a forensic fellowship program for education and training in child abuse pediatrics; requires the preparation of a report to evaluate the effectiveness of the program.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2014-01-08 - referred to health [A00889 Detail]
Download: New_York-2013-A00889-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
889
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, GUNTHER, GALEF, CLARK, LIFTON, LUPARDO,
JAFFEE -- Multi-Sponsored by -- M. of A. BOYLAND, V. LOPEZ, SWEENEY --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing a
forensic fellowship program to provide education and training in child
abuse pediatrics
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new section
2 2807-o to read as follows:
3 S 2807-O. CHILD ABUSE PEDIATRICS EDUCATION AND TRAINING. 1. DEFI-
4 NITIONS. THE FOLLOWING WORDS OR PHRASES AS USED IN THIS SECTION SHALL
5 HAVE THE FOLLOWING MEANINGS:
6 (A) "CHILD ABUSE PEDIATRICS" SHALL MEAN THE SUBSPECIALTY IN THE FIELD
7 OF PEDIATRICS AS DEFINED BY THE AMERICAN BOARD OF PEDIATRICS OR THE
8 AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS. SPECIFICALLY, THIS FIELD
9 INVOLVES MEDICAL SPECIALISTS WHO ASSESS, DOCUMENT, MANAGE, AND TREAT THE
10 MEDICAL COMPONENT OF CHILD ABUSE AND NEGLECT, INCLUDING BUT NOT LIMITED
11 TO (I) PHYSICAL EXAMINATION AND EVALUATION OF SUSPECTED CHILD ABUSE
12 VICTIMS, INCLUDING EVALUATION OF FAILURE-TO-THRIVE, NEGLECT AND MEDICAL
13 NEGLECT, (II) FORENSIC INTERVIEWING OF SUSPECTED VICTIMS OF CHILD ABUSE
14 AND NEGLECT BEYOND THE TAKING OF MEDICAL HISTORY, AND OF SUSPECTED ABUSE
15 PERPETRATORS, (III) COLLECTION AND MAINTENANCE OF FORENSIC EVIDENCE,
16 (IV) INTERPRETATION OF CLINICAL MEDICAL DATA, (V) DOCUMENTATION, INCLUD-
17 ING PHOTODOCUMENTATION, OF FINDINGS AND INJURIES, (VI) CONSULTATION WITH
18 MEDICAL PROFESSIONALS HAVING CARED FOR SUSPECTED CHILD ABUSE VICTIMS,
19 (VII) MEETING WITH LAW ENFORCEMENT, CHILD PROTECTION PERSONNEL, COMMUNI-
20 TY AGENCIES AND MULTIDISCIPLINARY TEAMS, (VIII) KNOWLEDGE OF CIVIL AND
21 CRIMINAL LAWS INVOLVING ABUSED AND NEGLECTED CHILDREN AND OF COURT
22 PROCEDURES IN CIVIL AND CRIMINAL CASES, (IX) PROVIDING EXPERT WITNESS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03206-01-3
A. 889 2
1 TESTIMONY IN COURT PROCEEDINGS, (X) MANAGEMENT OF SEXUALLY TRANSMITTED
2 DISEASES AND LONG-TERM MANAGEMENT AND NUTRITIONAL SUPPORT OF CHILDREN
3 WITH FAILURE-TO-THRIVE, AND (XI) ADVOCACY OF METHODS AND APPROACHES FOR
4 PREVENTING CHILD ABUSE AND NEGLECT, IN ACCORDANCE WITH THE GUIDELINES OF
5 THE AMERICAN BOARD OF PEDIATRICS.
6 (B) "NEW YORK STATE CHILD ABUSE PEDIATRICS EDUCATION AND TRAINING
7 COUNCIL" OR "COUNCIL" SHALL MEAN THE NEW YORK STATE CHILD ABUSE PEDIA-
8 TRICS EDUCATION AND TRAINING COUNCIL ESTABLISHED PURSUANT TO SUBDIVISION
9 THREE OF THIS SECTION.
10 2. GRANTS FOR GRADUATE MEDICAL EDUCATION IN CHILD ABUSE PEDIATRICS.
11 (A) THE COMMISSIONER IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED FOR SUCH
12 PURPOSE, TO MAKE GRANTS IN SUPPORT OF CHILD ABUSE PEDIATRICS CERTIFIED
13 FELLOWSHIP EDUCATION PROGRAMS TO ESTABLISH OR EXPAND EDUCATION IN CHILD
14 ABUSE PEDIATRICS FOR GRADUATE MEDICAL EDUCATION, AND TO INCREASE THE
15 OPPORTUNITIES FOR TRAINEE EDUCATION IN CHILD ADVOCACY CENTERS, HOSPITALS
16 OR MULTIDISCIPLINARY TEAMS.
17 (B) GRANTS UNDER THIS SUBDIVISION FOR GRADUATE MEDICAL EDUCATION IN
18 CHILD ABUSE PEDIATRICS MAY BE USED FOR ADMINISTRATION, FACULTY RECRUIT-
19 MENT AND DEVELOPMENT, START-UP COSTS AND COSTS INCURRED IN PROVIDING
20 TRAINING IN CHILD ABUSE PEDIATRICS CERTIFIED FELLOWSHIP PROGRAMS,
21 INCLUDING, BUT NOT LIMITED TO, PERSONNEL, ADMINISTRATION AND TRAINEE
22 RELATED EXPENSES AND OTHER EXPENSES JUDGED REASONABLE AND NECESSARY BY
23 THE COMMISSIONER.
24 (C) GRANTS UNDER THIS SUBDIVISION SHALL BE AWARDED BY THE COMMISSIONER
25 THROUGH A COMPETITIVE APPLICATION PROCESS TO THE COUNCIL. THE COUNCIL
26 SHALL MAKE RECOMMENDATIONS FOR FUNDING TO THE COMMISSIONER. IN MAKING
27 AWARDS, THE COMMISSIONER SHALL CONSIDER THE EXTENT TO WHICH THE APPLI-
28 CANT:
29 (I) PLANS TO INCORPORATE CHILD ABUSE PEDIATRICS LONGITUDINALLY
30 THROUGHOUT THE FELLOWSHIP TRAINING PROGRAM ACCORDING TO PROFESSIONALLY
31 RECOGNIZED STANDARDS;
32 (II) FUNCTIONS IN COLLABORATION WITH CHILD ADVOCACY CENTERS, HOSPITALS
33 OR MULTIDISCIPLINARY TEAMS; AND
34 (III) MAKES COMPLEMENTARY EFFORTS TO RECRUIT OR TRAIN QUALIFIED FACUL-
35 TY IN CHILD ABUSE PEDIATRICS FELLOWSHIP EDUCATION.
36 (D) THE INTENT OF THIS SUBDIVISION IS TO AUGMENT OR INCREASE TRAINING
37 IN CHILD ABUSE PEDIATRICS FOLLOWING RESIDENCY. GRANT FUNDING SHALL NOT
38 BE USED TO OFFSET EXISTING EXPENDITURES THE INSTITUTION OR PROGRAM HAS
39 OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
40 (E) THE COMMISSIONER SHALL RECOMMEND THE APPROPRIATE LEVEL AND SOURCE
41 OF FUNDING FOR GRANTS FOR GRADUATE MEDICAL EDUCATION IN CHILD ABUSE
42 PEDIATRICS UNDER THIS SECTION AND SUBMIT A REPORT TO THE GOVERNOR AND
43 THE LEGISLATURE, ON OR BEFORE DECEMBER FIRST, TWO THOUSAND THIRTEEN,
44 CONTAINING SUCH RECOMMENDATIONS.
45 3. NEW YORK STATE CHILD ABUSE PEDIATRICS EDUCATION AND TRAINING COUN-
46 CIL. (A) THE NEW YORK STATE CHILD ABUSE PEDIATRICS EDUCATION AND TRAIN-
47 ING COUNCIL IS ESTABLISHED IN THE DEPARTMENT AS AN EXPERT PANEL IN CHILD
48 ABUSE PEDIATRICS EDUCATION AND TRAINING. ITS MEMBERS SHALL BE APPOINTED
49 BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
50 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION,
51 SHALL SEEK RECOMMENDATIONS FOR APPOINTMENTS TO SUCH COUNCIL FROM NEW
52 YORK STATE-BASED HEALTH CARE PROFESSIONAL, MEDICAL INSTITUTIONAL AND
53 MEDICAL EDUCATIONAL LEADERS. THESE RECOMMENDATIONS WILL BE MADE BY THE
54 CHILD ABUSE MEDICAL PROVIDERS NETWORK PROGRAM. MEMBERS OF THE COUNCIL
55 SHALL INCLUDE: FIVE REPRESENTATIVES OF MEDICAL SCHOOLS, SCHOOLS OF
56 OSTEOPATHIC MEDICINE AND HOSPITAL ORGANIZATIONS; THREE REPRESENTATIVES
A. 889 3
1 OF MEDICAL SPECIALTIES; TWO CHILD ADVOCATES; INDIVIDUAL REPRESENTATIVES
2 OF AN ORGANIZATION BROADLY REPRESENTATIVE OF PEDIATRICIANS, INTERNAL
3 MEDICINE, FAMILY PHYSICIANS, NEUROLOGISTS, PSYCHIATRISTS AND ORTHOPED-
4 ISTS; AND THE EXECUTIVE DIRECTOR OR A MEMBER OF THE CHILDREN'S JUSTICE
5 TASK FORCE AND OF THE NEW YORK STATE COUNCIL ON GRADUATE MEDICAL EDUCA-
6 TION. MEMBERS SHALL SERVE A TERM OF THREE YEARS WITH RENEWABLE TERMS.
7 MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
8 ALLOWED ACTUAL AND NECESSARY EXPENSES IN THE PERFORMANCE OF THEIR
9 DUTIES.
10 (B) A CHAIRPERSON AND VICE-CHAIRPERSON OF THE COUNCIL SHALL BE ELECTED
11 ANNUALLY BY THE COUNCIL. THE COUNCIL SHALL MEET UPON THE CALL OF THE
12 CHAIRPERSON, AND MAY ADOPT BYLAWS CONSISTENT WITH THIS SECTION.
13 (C) THE COMMISSIONER SHALL DESIGNATE SUCH EMPLOYEES AND PROVIDE OTHER
14 RESOURCES OF THE DEPARTMENT AS ARE REASONABLY NECESSARY TO PROVIDE
15 SUPPORT SERVICES TO THE COUNCIL. THE COUNCIL, ACTING BY THE CHAIR OF THE
16 COUNCIL, MAY EMPLOY ADDITIONAL STAFF AND CONSULTANTS AND INCUR OTHER
17 EXPENSES TO CARRY OUT ITS DUTIES, TO BE PAID FROM AMOUNTS WHICH MAY BE
18 MADE AVAILABLE TO THE COUNCIL FOR THAT PURPOSE.
19 (D) THE COUNCIL MAY PROVIDE INFORMATION AND GUIDANCE FOR PRACTITIONERS
20 ON THE LATEST CHILD ABUSE PEDIATRICS APPROACHES AND STRATEGIES.
21 4. REPORTS. THE COMMISSIONER, IN CONJUNCTION WITH THE COUNCIL, SHALL
22 PREPARE AND SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE, ON OR
23 BEFORE FEBRUARY FIRST, TWO THOUSAND SEVENTEEN REPORTING THE RESULTS AND
24 EVALUATING THE EFFECTIVENESS OF THIS SECTION.
25 S 2. This act shall take effect immediately.
