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) 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.
                                                                   LBD09233-08-8

        A. 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 in
    31  this subdivision shall be construed to prohibit a mandated reporter from
    32  contacting or reporting to law enforcement or emergency services  before
    33  or 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 county

        A. 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.
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