Bill Text: NY A06830 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to the duty to report incidents to 911 and the county district attorney's office.
Spectrum: Slight Partisan Bill (Democrat 65-31)
Status: (Introduced - Dead) 2018-06-14 - print number 6830c [A06830 Detail]
Download: New_York-2017-A06830-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6830--C 2017-2018 Regular Sessions IN ASSEMBLY March 21, 2017 ___________ Introduced by M. of A. WEPRIN, ABINANTI, JENNE, ARROYO, CARROLL, PHEFFER AMATO, PRETLOW, RIVERA, SEAWRIGHT, COOK, HYNDMAN, THIELE, D'URSO, SIMON, BLAKE, RAMOS, LENTOL, DAVILA, LAVINE, MAGEE, HIKIND, COLTON, VANEL, M. G. MILLER, STIRPE, BARRON, WOERNER, CUSICK, WALKER, DE LA ROSA, JEAN-PIERRE, MOSLEY, CAHILL, TITONE, BARNWELL, CRESPO, ZEBROWSKI, O'DONNELL, CASTORINA, ABBATE, ENGLEBRIGHT, AUBRY, OAKS, STEC, CURRAN, JAFFEE, SCHIMMINGER, HOOPER, ORTIZ, PICHARDO, BRABENEC, B. MILLER, BICHOTTE, BARCLAY, KOLB, FINCH, PALMESANO, LAWRENCE, LALOR, GARBARINO, MURRAY, RA, McDONOUGH, RAIA, MONTESANO, WALSH, JOHNS, CROUCH, BUTLER, DiPIETRO, ERRIGO, GIGLIO, FITZPATRICK, WILLIAMS, GALEF, PALUMBO, BENEDETTO, JOYNER, DICKENS, DILAN, SOLAGES, MALLIOTAK- IS, WRIGHT, MORINELLO, BOHEN -- Multi-Sponsored by -- M. of A. BLANK- ENBUSH, CYMBROWITZ, DenDEKKER, KIM, PERRY, L. ROSENTHAL -- read once and referred to the Committee on Social Services -- reference changed to the Committee on Mental Health -- recommitted to the Committee on Mental Health in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the social services law, in relation to duty to report incidents to 9-1-1 and the county district attorney's office The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 491 of the social services law, as added by section 2 1 of part B of chapter 501 of the laws of 2012, subdivision 4 as amended 3 by chapter 126 of the laws of 2014, subdivision 5 as added by chapter 4 422 of the laws of 2017, is amended to read as follows: 5 § 491. Duty to report incidents. 1. (a) Mandated reporters shall 6 report allegations of reportable incidents, all suspicious and unex- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09233-08-8A. 6830--C 2 1 plained injuries to include broken bones, hematomas, open wounds beyond 2 minor first aid, black eyes, swollen noses, extreme and questionable 3 bruising, choke marks, burns, all individuals served found unresponsive 4 and all deaths to a 9-1-1 operator, the county district attorney's 5 office and the vulnerable persons' central register except for taunts, 6 derogatory comments or ridicule which is required to be reported solely 7 to the vulnerable persons' central register as established by section 8 four hundred ninety-two of this article and in accordance with the 9 requirements set forth therein. All medical emergencies that threaten 10 the health, safety or life of individuals served shall be reported imme- 11 diately to a 9-1-1 operator. 12 (b) Allegations of reportable incidents, all suspicious and unex- 13 plained injuries to include broken bones, hematomas, open wounds beyond 14 minor first aid, black eyes, swollen noses, extreme and questionable 15 bruising, choke marks, burns, all individuals served found unresponsive 16 and all deaths shall be reported immediately to a 9-1-1 operator, the 17 county district attorney's office and the vulnerable persons' central 18 register upon discovery. For purposes of this article, "discovery" 19 occurs when the mandated reporter witnesses a suspected reportable inci- 20 dent or when another person, including the vulnerable person, comes 21 before the mandated reporter in the mandated reporter's professional or 22 official capacity and provides the mandated reporter with reasonable 23 cause to suspect that the vulnerable person has been subjected to a 24 reportable incident, all suspicious and unexplained injuries to include 25 broken bones, hematomas, open wounds beyond minor first aid, black eyes, 26 swollen noses, extreme and questionable bruising, choke marks, burns, 27 all individuals served found unresponsive and all deaths. A report to 28 the register shall include the name, title and contact information of 29 every person known to the mandated reporter to have the same information 30 as the mandated reporter concerning the reportable incident. [Nothing in31this subdivision shall be construed to prohibit a mandated reporter from32contacting or reporting to law enforcement or emergency services before33or after reporting to the vulnerable persons' central register.] 34 (c) The substance or content of any psychological, psychiatric, thera- 35 peutic, clinical or medical reports, evaluations or like materials or 36 information pertaining to the treatment of a patient or client of a 37 mandatory reporter who reports a reportable incident of such patient or 38 client pursuant to this article, must be provided by such mandatory 39 reporter upon request of the justice center for the protection of people 40 with special needs, local police and county district attorney if such 41 records are essential for a full investigation of such allegation, 42 notwithstanding any applicable privilege which would otherwise bar the 43 disclosure of such materials and records pursuant to article forty-five 44 of the civil practice law and rules or other provision of law except 45 applicable federal law governing the disclosure of patient and related 46 medical records. 47 2. Any person or official required to report allegations of reportable 48 incidents pursuant to this section may take or cause to be taken color 49 photographs of visible trauma and the face of the vulnerable person 50 named in the report and upon the consent of a person authorized to 51 consent to medical care for the vulnerable person, shall, if medically 52 indicated, cause to be performed a radiological examination of the 53 vulnerable person. Any photographs or radiological examinations taken 54 shall be provided to the justice center, local police and county 55 district attorney for use only for the purposes of an investigation of a 56 reportable incident.A. 6830--C 3 1 3. (a) Any human services professional required by this article to 2 report a case of suspected abuse or neglect, all suspicious and unex- 3 plained injuries to include broken bones, hematomas, open wounds beyond 4 minor first aid, black eyes, swollen noses, extreme and questionable 5 bruising, choke marks, burns, all individuals served found unresponsive 6 and all deaths to a 9-1-1 operator, the county district attorney's 7 office and the vulnerable persons' central register who knowingly and 8 willfully fails to do so shall be guilty of a class A misdemeanor. 9 Mandated reporters shall report non-criminal medical emergencies that 10 threaten the health, safety or life of individuals served to a 9-1-1 11 operator only. Mandated reporters who knowingly and willfully fail to 12 report such medical emergencies to a 9-1-1 operator shall be guilty of a 13 class E felony. 14 (b) A mandated reporter who knowingly and willfully fails to report a 15 case of suspected abuse or neglect, all suspicious and unexplained inju- 16 ries to include broken bones, hematomas, open wounds beyond minor first 17 aid, black eyes, swollen noses, extreme and questionable bruising, choke 18 marks, burns, all individuals served found unresponsive and all deaths 19 to a 9-1-1 operator, the county district attorney's office and the 20 vulnerable persons' central register may be subject to termination, 21 subject to any applicable collective bargaining agreement. Any person or 22 official required by this article to report a case of suspected abuse or 23 neglect, all suspicious and unexplained injuries to include broken 24 bones, hematomas, open wounds beyond minor first aid, black eyes, swol- 25 len noses, extreme and questionable bruising, choke marks, burns, all 26 individuals served found unresponsive and all deaths to a 9-1-1 opera- 27 tor, the county district attorney's office and the vulnerable persons' 28 central register and any medical emergencies that threaten the health, 29 safety or life of individuals served not reported immediately to a 9-1-1 30 operator who knowingly and willfully fails to do so shall be civilly 31 liable for the damages proximately caused by such failure. 32 4. A medical or other public or private institution, state agency, 33 school, facility or provider agency or its vendors or contractors shall 34 not take any retaliatory personnel action, as such term is defined in 35 paragraph (e) of subdivision one of section seven hundred forty of the 36 labor law, against an employee or agent or vendor or contractor because 37 such employee or agent or vendor or contractor believes that he or she 38 has reasonable cause to suspect that a vulnerable person has been 39 subjected to a reportable incident and that employee or agent or vendor 40 or contractor therefore makes a report in accordance with this section 41 and/or cooperated with the investigation of a reportable incident. A 42 court of competent jurisdiction may grant injunctive relief to any 43 person determined to have been subjected to such retaliation. 44 5. State oversight agencies shall ensure that all facilities or 45 provider agencies operated, licensed, or certified by such state over- 46 sight agencies have policies and procedures in place to identify and 47 report possible crimes against a service recipient by a custodian. State 48 oversight agencies shall provide guidance to facilities or provider 49 agencies operated, licensed, or certified by such state oversight agen- 50 cies that do not already have policies and procedures for the identifi- 51 cation and reporting of possible crimes. 52 6. All state and private agencies with mandatory reporters shall 53 retrain all staff on reporting to a 9-1-1 operator and the county 54 district attorney's office and all state and private websites, training 55 manuals, informational brochures or pamphlets directing reporting shall 56 state that such instances be reported to a 9-1-1 operator and the countyA. 6830--C 4 1 district attorney's office and the vulnerable persons' central register. 2 All former poster and wallet cards and any other information directing 3 reportable incidents to only the vulnerable persons' central register 4 will be replaced and updated in a conspicuously located and timely 5 manner to direct reporting of reportable incidents, crimes, medical 6 emergencies, suspicious and unexplained injuries to include broken 7 bones, hematomas, open wounds beyond minor first aid, black eyes, swol- 8 len noses, extreme and questionable bruising, choke marks, burns, all 9 individuals served found unresponsive and all deaths to the vulnerable 10 persons' central register, a 9-1-1 operator, and the county district 11 attorney's office with the exception of non-criminal medical emergen- 12 cies, which shall only be reported to a 9-1-1 operator. 13 § 2. This act shall take effect immediately.