Bill Text: NY A06830 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6830--A
                               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, SEPULVEDA, SIMON, BLAKE, RAMOS, LENTOL, DAVILA, LAVINE, MAGEE,
          HARRIS,  HIKIND, COLTON, VANEL, M. G. MILLER, STIRPE, BARRON, WOERNER,
          CUSICK, WALKER, DE LA ROSA, JEAN-PIERRE, MOSLEY, CAHILL, TITONE, BARN-
          WELL, CRESPO, ZEBROWSKI, O'DONNELL,  CASTORINA,  ABBATE,  ENGLEBRIGHT,
          AUBRY, OAKS, STEC, CURRAN, JAFFEE, SCHIMMINGER, HOOPER, ORTIZ, PICHAR-
          DO,  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,
          MALLIOTAKIS,  WRIGHT  --  Multi-Sponsored  by -- M. of A. BLANKENBUSH,
          CYMBROWITZ, DenDEKKER, KIM, PERRY,  L. ROSENTHAL,  SKARTADOS  --  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
        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-
     7  plained injuries to include broken bones, hematomas, open wounds  beyond
     8  minor  first  aid,  black  eyes, swollen noses, extreme and questionable
     9  bruising, choke marks, burns, all individuals served found  unresponsive
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09233-05-8
        A. 6830--A                          2
     1  and  all  deaths  to  a  9-1-1  operator, the county district attorney's
     2  office and the vulnerable persons' central register except  for  taunts,
     3  derogatory  comments or ridicule which is required to be reported solely
     4  to  the  vulnerable  persons' central register as established by section
     5  four hundred ninety-two of this  article  and  in  accordance  with  the
     6  requirements  set  forth  therein. All medical emergencies that threaten
     7  the health, safety or life of individuals served shall be reported imme-
     8  diately to a 9-1-1 operator.
     9    (b) Allegations of reportable  incidents,  all  suspicious  and  unex-
    10  plained  injuries to include broken bones, hematomas, open wounds beyond
    11  minor first aid, black eyes, swollen  noses,  extreme  and  questionable
    12  bruising,  choke marks, burns, all individuals served found unresponsive
    13  and all deaths shall be reported immediately to a  9-1-1  operator,  the
    14  county  district  attorney's  office and the vulnerable persons' central
    15  register upon discovery.  For  purposes  of  this  article,  "discovery"
    16  occurs when the mandated reporter witnesses a suspected reportable inci-
    17  dent  or  when  another  person,  including the vulnerable person, comes
    18  before the mandated reporter in the mandated reporter's professional  or
    19  official  capacity  and  provides  the mandated reporter with reasonable
    20  cause to suspect that the vulnerable person  has  been  subjected  to  a
    21  reportable  incident, all suspicious and unexplained injuries to include
    22  broken bones, hematomas, open wounds beyond minor first aid, black eyes,
    23  swollen noses, extreme and questionable bruising,  choke  marks,  burns,
    24  all  individuals  served  found unresponsive and all deaths. A report to
    25  the register shall include the name, title and  contact  information  of
    26  every person known to the mandated reporter to have the same information
    27  as the mandated reporter concerning the reportable incident. [Nothing in
    28  this subdivision shall be construed to prohibit a mandated reporter from
    29  contacting  or reporting to law enforcement or emergency services before
    30  or after reporting to the vulnerable persons' central register.]
    31    (c) The substance or content of any psychological, psychiatric, thera-
    32  peutic, clinical or medical reports, evaluations or  like  materials  or
    33  information  pertaining  to  the  treatment  of a patient or client of a
    34  mandatory reporter who reports a reportable incident of such patient  or
    35  client  pursuant  to  this  article,  must be provided by such mandatory
    36  reporter upon request of the justice center for the protection of people
    37  with special needs, local police and county district  attorney  if  such
    38  records  are  essential  for  a  full  investigation of such allegation,
    39  notwithstanding any applicable privilege which would otherwise  bar  the
    40  disclosure  of such materials and records pursuant to article forty-five
    41  of the civil practice law and rules or other  provision  of  law  except
    42  applicable  federal  law governing the disclosure of patient and related
    43  medical records.
    44    2. Any person or official required to report allegations of reportable
    45  incidents pursuant to this section may take or cause to be  taken  color
    46  photographs  of  visible  trauma  and  the face of the vulnerable person
    47  named in the report and upon the  consent  of  a  person  authorized  to
    48  consent  to  medical care for the vulnerable person, shall, if medically
    49  indicated, cause to be  performed  a  radiological  examination  of  the
    50  vulnerable  person.  Any  photographs or radiological examinations taken
    51  shall be provided  to  the  justice  center,  local  police  and  county
    52  district attorney for use only for the purposes of an investigation of a
    53  reportable incident.
    54    3.  (a)  Any  human  services professional required by this article to
    55  report a case of suspected abuse or neglect, all  suspicious  and  unex-
    56  plained  injuries to include broken bones, hematomas, open wounds beyond
        A. 6830--A                          3
     1  minor first aid, black eyes, swollen  noses,  extreme  and  questionable
     2  bruising,  choke marks, burns, all individuals served found unresponsive
     3  and all deaths to a  9-1-1  operator,  the  county  district  attorney's
     4  office  and  the  vulnerable persons' central register who knowingly and
     5  willfully fails to do so shall be guilty of a class  [A  misdemeanor]  E
     6  felony.    Mandated reporters shall report non-criminal medical emergen-
     7  cies that threaten the health, safety or life of individuals served to a
     8  9-1-1 operator only. Mandated reporters who knowingly and willfully fail
     9  to report such medical emergencies to a 9-1-1 operator shall  be  guilty
    10  of a class E felony.
    11    (b)  A mandated reporter who knowingly and willfully fails to report a
    12  case of suspected abuse or neglect, all suspicious and unexplained inju-
    13  ries to include broken bones, hematomas, open wounds beyond minor  first
    14  aid, black eyes, swollen noses, extreme and questionable bruising, choke
    15  marks,  burns,  all individuals served found unresponsive and all deaths
    16  to a 9-1-1 operator, the  county  district  attorney's  office  and  the
    17  vulnerable  persons'  central  register  may  be subject to termination,
    18  subject to any applicable collective bargaining agreement. Any person or
    19  official required by this article to report a case of suspected abuse or
    20  neglect, all suspicious  and  unexplained  injuries  to  include  broken
    21  bones,  hematomas, open wounds beyond minor first aid, black eyes, swol-
    22  len noses, extreme and questionable bruising, choke  marks,  burns,  all
    23  individuals  served  found unresponsive and all deaths to a 9-1-1 opera-
    24  tor, the county district attorney's office and the  vulnerable  persons'
    25  central  register  and any medical emergencies that threaten the health,
    26  safety or life of individuals served not reported immediately to a 9-1-1
    27  operator who knowingly and willfully fails to do  so  shall  be  civilly
    28  liable for the damages proximately caused by such failure.
    29    4.  A  medical  or  other public or private institution, state agency,
    30  school, facility or provider agency or its vendors or contractors  shall
    31  not  take  any  retaliatory personnel action, as such term is defined in
    32  paragraph (e) of subdivision one of section seven hundred forty  of  the
    33  labor  law, against an employee or agent or vendor or contractor because
    34  such employee or agent or vendor or contractor believes that he  or  she
    35  has  reasonable  cause  to  suspect  that  a  vulnerable person has been
    36  subjected to a reportable incident and that employee or agent or  vendor
    37  or  contractor  therefore makes a report in accordance with this section
    38  and/or cooperated with the investigation of a reportable  incident.    A
    39  court  of  competent  jurisdiction  may  grant  injunctive relief to any
    40  person determined to have been subjected to such retaliation.
    41    5. State oversight  agencies  shall  ensure  that  all  facilities  or
    42  provider  agencies  operated, licensed, or certified by such state over-
    43  sight agencies have policies and procedures in  place  to  identify  and
    44  report possible crimes against a service recipient by a custodian. State
    45  oversight  agencies  shall  provide  guidance  to facilities or provider
    46  agencies operated, licensed, or certified by such state oversight  agen-
    47  cies  that do not already have policies and procedures for the identifi-
    48  cation and reporting of possible crimes.
    49    6. All state and  private  agencies  with  mandatory  reporters  shall
    50  retrain  all  staff  on  reporting  to  a  9-1-1 operator and the county
    51  district attorney's office and all state and private websites,  training
    52  manuals,  informational brochures or pamphlets directing reporting shall
    53  state that such instances be reported to a 9-1-1 operator and the county
    54  district attorney's office and the vulnerable persons' central register.
    55  All former poster and wallet cards and any other  information  directing
    56  reportable  incidents  to  only the vulnerable persons' central register
        A. 6830--A                          4
     1  will be replaced and updated  in  a  conspicuously  located  and  timely
     2  manner  to  direct  reporting  of  reportable incidents, crimes, medical
     3  emergencies, suspicious  and  unexplained  injuries  to  include  broken
     4  bones,  hematomas, open wounds beyond minor first aid, black eyes, swol-
     5  len noses, extreme and questionable bruising, choke  marks,  burns,  all
     6  individuals  served  found unresponsive and all deaths to the vulnerable
     7  persons' central register, a 9-1-1 operator,  and  the  county  district
     8  attorney's  office  with  the exception of non-criminal medical emergen-
     9  cies, which shall only be reported to a 9-1-1 operator.
    10    § 2. This act shall take effect immediately.