Bill Text: NY A05510 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires certain persons and officials required to report suspected child abuse and maltreatment to complete ongoing training.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2022-02-08 - enacting clause stricken [A05510 Detail]
Download: New_York-2021-A05510-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5510 2021-2022 Regular Sessions IN ASSEMBLY February 19, 2021 ___________ Introduced by M. of A. RICHARDSON -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the social services law, in relation to coursework or training regarding the identification and reporting of suspected cases 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 672 of the laws of 2019, 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. LBD03496-01-1A. 5510 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 for people with developmental disabilities or the 9 local adult protective services unit. Each applicant shall provide the 10 department with documentation showing that he or she has completed the 11 required training. The department shall provide an exemption from the 12 child abuse and maltreatment training requirements to any applicant who 13 requests such an exemption and who shows, to the department's satisfac- 14 tion, that there would be no need because of the nature of his or her 15 practice for him or her to complete such training; 16 § 2. Subdivision 4 of section 3003 of the education law, as amended by 17 chapter 737 of the laws of 1992, is amended to read as follows: 18 4. Notwithstanding any other provision of law, the commissioner shall 19 require that any person applying, on or after January first, nineteen 20 hundred ninety-one, for a superintendent's certificate shall, in addi- 21 tion to all the other requirements, and every three years thereafter, 22 have completed two hours of coursework or training regarding the iden- 23 tification and reporting of child abuse and maltreatment. The course- 24 work or training shall be obtained from an institution or provider which 25 has been approved by the department to provide such coursework or train- 26 ing. The coursework or training shall include information regarding the 27 physical and behavioral indicators of child abuse and maltreatment and 28 the statutory reporting requirements set out in sections four hundred 29 thirteen through four hundred twenty of the social services law, includ- 30 ing but not limited to, when and how a report must be made, what other 31 actions the reporter is mandated or authorized to take, the legal 32 protections afforded reporters, and the consequences for failing to 33 report. Each applicant shall provide the department with documentation 34 showing that he or she has completed the required training. 35 § 3. Subdivision 2 of section 3004 of the education law, as amended by 36 chapter 737 of the laws of 1992, is amended to read as follows: 37 2. Notwithstanding any other provision of law, the commissioner shall 38 prescribe regulations requiring that all persons applying, on or after 39 January first, nineteen hundred ninety-one, for a certificate or license 40 to be a teacher shall, in addition to all the other certification or 41 licensure requirements, and every three years thereafter, have completed 42 two hours of coursework or training regarding the identification and 43 reporting of child abuse and maltreatment. The coursework or training 44 shall be obtained from an institution or provider which has been 45 approved by the department to provide such coursework or training. The 46 coursework or training shall include information regarding the physical 47 and behavioral indicators of child abuse and maltreatment and the statu- 48 tory reporting requirements set out in sections four hundred thirteen 49 through four hundred twenty of the social services law, including but 50 not limited to, when and how a report must be made, what other actions 51 the reporter is mandated or authorized to take, the legal protections 52 afforded reporters, and the consequences for failing to report. Each 53 applicant shall provide the department with documentation showing that 54 he or she has completed the required training. 55 § 4. Section 413 of the social services law is amended by adding a new 56 subdivision 1-a to read as follows:A. 5510 3 1 1-a. (a) Every person and official required to report child abuse or 2 maltreatment, pursuant to subdivision one of this section, shall, prior 3 to assumption of the position which requires such reporting, and every 4 three years thereafter, complete two hours of coursework or training 5 regarding the identification and reporting of child abuse and maltreat- 6 ment; provided that every person and official holding such a position on 7 or before the effective date of this paragraph shall complete such 8 coursework or training within one year of the effective date of this 9 subdivision. 10 (b) Except as otherwise provided by the education law, the office of 11 children and family services shall approve and/or establish the course- 12 work and training required to implement the provisions of this subdivi- 13 sion. Such coursework and training may be developed so that it can be 14 offered through various means including, but not limited to, internet 15 based courses and teleconferences. 16 § 5. This act shall take effect one year after it shall have become a 17 law.
