Bill Text: NY A02310 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires mandated reporters to receive coursework or training regarding the identification and reporting of child abuse and maltreatment every three years.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2018-01-03 - ordered to third reading cal.170 [A02310 Detail]
Download: New_York-2017-A02310-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2310 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. PEOPLES-STOKES, SCHIMMINGER -- read once and referred to the Committee on Children and Families AN ACT to amend the education law and the social services law, in relation to coursework or training regarding the identification and reporting of child abuse and maltreatment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph a of subdivision 3 of section 6507 of the educa- 2 tion law, as amended by chapter 554 of the laws of 2013, is amended to 3 read as follows: 4 a. Establish standards for preprofessional and professional education, 5 experience and licensing examinations as required to implement the arti- 6 cle for each profession. Notwithstanding any other provision of law, the 7 commissioner shall establish standards requiring that all persons apply- 8 ing, on or after January first, nineteen hundred ninety-one, initially, 9 or for the renewal of, a license, registration or limited permit to be a 10 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 11 trist, psychiatrist, psychologist, licensed master social worker, 12 licensed clinical social worker, licensed creative arts therapist, 13 licensed marriage and family therapist, licensed mental health counse- 14 lor, licensed psychoanalyst, dental hygienist, licensed behavior 15 analyst, or certified behavior analyst assistant shall, in addition to 16 all the other licensure, certification or permit requirements, and every 17 three years thereafter, have completed two hours of coursework or train- 18 ing regarding the identification and reporting of child abuse and 19 maltreatment. The coursework or training shall be obtained from an 20 institution or provider which has been approved by the department to 21 provide such coursework or training. The coursework or training shall 22 include information regarding the physical and behavioral indicators of 23 child abuse and maltreatment and the statutory reporting requirements 24 set out in sections four hundred thirteen through four hundred twenty of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01018-01-7A. 2310 2 1 the social services law, including but not limited to, when and how a 2 report must be made, what other actions the reporter is mandated or 3 authorized to take, the legal protections afforded reporters, and the 4 consequences for failing to report. Such coursework or training may also 5 include information regarding the physical and behavioral indicators of 6 the abuse of individuals with [mental retardation and other] develop- 7 mental disabilities and voluntary reporting of abused or neglected 8 adults to the office [of mental retardation and] for people with devel- 9 opmental disabilities or the local adult protective services unit. Each 10 applicant shall provide the department with documentation showing that 11 he or she has completed the required training. The department shall 12 provide an exemption from the child abuse and maltreatment training 13 requirements to any applicant who requests such an exemption and who 14 shows, to the department's satisfaction, that there would be no need 15 because of the nature of his or her practice for him or her to complete 16 such training; 17 § 2. Subdivision 4 of section 3003 of the education law, as amended by 18 chapter 737 of the laws of 1992, is amended to read as follows: 19 4. Notwithstanding any other provision of law, the commissioner shall 20 require that any person applying, on or after January first, nineteen 21 hundred ninety-one, for a superintendent's certificate shall, in addi- 22 tion to all the other requirements, and every three years thereafter, 23 have completed two hours of coursework or training regarding the iden- 24 tification and reporting of child abuse and maltreatment. The coursework 25 or training shall be obtained from an institution or provider which has 26 been approved by the department to provide such coursework or training. 27 The coursework or training shall include information regarding the phys- 28 ical and behavioral indicators of child abuse and maltreatment and the 29 statutory reporting requirements set out in sections four hundred thir- 30 teen through four hundred twenty of the social services law, including 31 but not limited to, when and how a report must be made, what other 32 actions the reporter is mandated or authorized to take, the legal 33 protections afforded reporters, and the consequences for failing to 34 report. Each applicant shall provide the department with documentation 35 showing that he or she has completed the required training. 36 § 3. Subdivision 2 of section 3004 of the education law, as amended by 37 chapter 737 of the laws of 1992, is amended to read as follows: 38 2. Notwithstanding any other provision of law, the commissioner shall 39 prescribe regulations requiring that all persons applying, on or after 40 January first, nineteen hundred ninety-one, for a certificate or license 41 to be a teacher shall, in addition to all the other certification or 42 licensure requirements, and every three years thereafter, have completed 43 two hours of coursework or training regarding the identification and 44 reporting of child abuse and maltreatment. The coursework or training 45 shall be obtained from an institution or provider which has been 46 approved by the department to provide such coursework or training. The 47 coursework or training shall include information regarding the physical 48 and behavioral indicators of child abuse and maltreatment and the statu- 49 tory reporting requirements set out in sections four hundred thirteen 50 through four hundred twenty of the social services law, including but 51 not limited to, when and how a report must be made, what other actions 52 the reporter is mandated or authorized to take, the legal protections 53 afforded reporters, and the consequences for failing to report. Each 54 applicant shall provide the department with documentation showing that 55 he or she has completed the required training.A. 2310 3 1 § 4. The closing paragraph of section 3007 of the education law, as 2 amended by chapter 544 of the laws of 1988, is amended to read as 3 follows: 4 Such endorsement confers on the holder of such diploma or certificate 5 the privileges conferred by law on the holder of the diploma of a state 6 teachers college or state college for teachers or state certificate 7 issued in this state. Notwithstanding any other provision of law, the 8 commissioner shall require that any person seeking endorsement of a 9 foreign certificate or diploma, on or after January first, nineteen 10 hundred ninety-one, and every three years thereafter, shall have 11 completed two hours of coursework or training regarding the identifica- 12 tion and reporting of child abuse and maltreatment. The coursework or 13 training shall be obtained from an institution or provider which has 14 been approved by the department to provide such course work or training. 15 The coursework or training shall include information regarding the phys- 16 ical and behavioral indicators of child abuse and maltreatment and the 17 statutory reporting requirements set out in sections four hundred thir- 18 teen through four hundred twenty of the social services law, including 19 but not limited to, when and how a report must be made, what other 20 actions the reporter is mandated or authorized to take, the legal 21 protections afforded reporters, and the consequences for failing to 22 report. Each applicant shall provide the department with documentation 23 showing that he or she has completed the required training. 24 § 5. Section 413 of the social services law is amended by adding a new 25 subdivision 1-a to read as follows: 26 1-a. (a) Every person and official required to report child abuse or 27 maltreatment, pursuant to subdivision one of this section, shall, prior 28 to assuming the position which requires such reporting, and every three 29 years thereafter, complete two hours of coursework or training regarding 30 the identification and reporting of child abuse and maltreatment; 31 provided that every person and official holding such a position on or 32 before the effective date of this subdivision, and every three years 33 thereafter shall, complete such coursework or training within one year 34 of the effective date of this subdivision. 35 (b) Except as otherwise provided by the education law, the office of 36 children and family services shall approve and/or establish the course- 37 work and training required to implement the provisions of this subdivi- 38 sion. Such coursework and training shall be developed so that it can be 39 offered through various means, including but not limited to, internet 40 based courses and teleconferences. 41 § 6. This act shall take effect one year after it shall have become a 42 law.
