Bill Text: NY A06891 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes a people with developmental disabilities registry and a mental health worker registry; defines terms.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2012-06-06 - enacting clause stricken [A06891 Detail]
Download: New_York-2011-A06891-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6891 2011-2012 Regular Sessions I N A S S E M B L Y April 5, 2011 ___________ Introduced by M. of A. WEISENBERG -- read once and referred to the Committee on Mental Health AN ACT to amend the mental hygiene law, in relation to establishing a people with developmental disabilities and mental health worker regis- try THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The mental hygiene law is amended by adding a new section 2 16.34 to read as follows: 3 S 16.34 PEOPLE WITH DEVELOPMENTAL DISABILITIES REGISTRY. 4 1. EVERY PROVIDER OF SERVICES REQUIRED TO REQUEST CRIMINAL HISTORY 5 INFORMATION CONCERNING CERTAIN PROSPECTIVE EMPLOYEES AND VOLUNTEERS 6 PURSUANT TO THE PROVISIONS OF SECTION 16.33 OF THIS ARTICLE SHALL ALSO 7 BE REQUIRED TO SUBMIT TO THE OFFICE A SUMMARY REPORT IN A FORM APPROVED 8 BY THE OFFICE OF THE TERMINATION FOR CAUSE OF ANY EMPLOYEE OR VOLUNTEER 9 WHO WAS SUBJECT TO A CRIMINAL HISTORY BACKGROUND CHECK UNDER SECTION 10 16.33 OF THIS ARTICLE AND WHO IS TERMINATED AS A RESULT OF A FINDING 11 THAT SUCH EMPLOYEE OR VOLUNTEER ENGAGED IN BEHAVIOR THAT CONSTITUTED 12 ABUSE OR NEGLECT OF A CLIENT. 13 2. IF SUCH EMPLOYEE OR VOLUNTEER VOLUNTARILY RESIGNS DURING THE 14 PENDENCY OF AN INVESTIGATION OF AN INCIDENT INVOLVING NEGLECT OR ABUSE 15 OF A CLIENT AND IF SUCH INVESTIGATION DETERMINES THAT SUCH EMPLOYEE OR 16 VOLUNTEER ENGAGED IN BEHAVIOR THAT CONSTITUTED ABUSE OR NEGLECT OF A 17 CLIENT WHICH WOULD HAVE RESULTED IN TERMINATION, SUCH PROVIDER SHALL 18 FILE THE SUMMARY REPORT REQUIRED IN SUBDIVISION ONE OF THIS SECTION. 19 3. THE SUMMARY REPORT REQUIRED TO BE FILED UNDER SUBDIVISION ONE OF 20 THIS SECTION SHALL BE SUBMITTED TO THE OFFICE WITHIN THIRTY DAYS OF THE 21 TERMINATION OR, IF THE EMPLOYEE OR VOLUNTEER RESIGNS, THIRTY DAYS AFTER 22 THE COMPLETION OF THE INVESTIGATION. THE SUMMARY REPORT SHALL INCLUDE 23 THE NAME, HOME ADDRESS, SOCIAL SECURITY NUMBER OF THE EMPLOYEE OR VOLUN- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10488-01-1 A. 6891 2 1 TEER AND A BRIEF DESCRIPTION OF THE CONDUCT INVOLVED IN THE INCIDENT IN 2 A FORM APPROVED BY THE OFFICE. 3 4. WHEN THE OFFICE RECEIVES A SUMMARY REPORT REGARDING AN EMPLOYEE OR 4 VOLUNTEER, THE OFFICE SHALL MAINTAIN SUCH REPORT TOGETHER WITH THE CRIM- 5 INAL HISTORY INFORMATION PREVIOUSLY OBTAINED REGARDING SUCH EMPLOYEE OR 6 VOLUNTEER. 7 5. IF THE OFFICE RECEIVES A REQUEST FOR CRIMINAL HISTORY INFORMATION 8 FOR A PROSPECTIVE EMPLOYEE OR VOLUNTEER FOR WHOM THE OFFICE HAS PREVI- 9 OUSLY RECEIVED A SUMMARY REPORT, THE OFFICE SHALL FURNISH A COPY OF ANY 10 SUMMARY REPORTS AND ANY WRITTEN RESPONSE FROM THE EMPLOYEE OR VOLUNTEER 11 REFERRED TO IN SUBDIVISION EIGHT OF THIS SECTION TO: (A) THE PROVIDER 12 THAT REQUESTED THE CRIMINAL HISTORY INFORMATION WITH RESPECT TO SUCH 13 PROSPECTIVE EMPLOYEE OR VOLUNTEER AND (B) ANY OTHER PROVIDER THAT PREVI- 14 OUSLY REQUESTED CRIMINAL HISTORY INFORMATION PERTAINING TO SUCH EMPLOYEE 15 OR VOLUNTEER EXCEPT IF SUCH PROVIDER HAS NOTIFIED THE OFFICE THAT SUCH 16 EMPLOYEE OR VOLUNTEER IS NO LONGER SUBJECT TO A CHECK PURSUANT TO THE 17 PROVISIONS OF SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF 18 THE EXECUTIVE LAW. 19 6. THE OFFICE SHALL PROVIDE THE SUMMARY REPORT TO THE AUTHORIZED 20 PERSON AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION EIGHT 21 HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW. 22 7. THE SUMMARY REPORT PROVIDED BY THE OFFICE TO A PROVIDER SHALL BE 23 SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF SUBDIVISION SEVEN OF 24 SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW. 25 8. THE OFFICE SHALL PROVIDE EACH EMPLOYEE OR VOLUNTEER ABOUT WHOM THE 26 OFFICE RECEIVES A SUMMARY REPORT HEREUNDER WITH WRITTEN NOTIFICATION 27 THAT SUCH EMPLOYEE OR VOLUNTEER HAS THE RIGHT TO OBTAIN AND REVIEW THE 28 SUMMARY REPORT AND SUBMIT A BRIEF WRITTEN STATEMENT IN RESPONSE TO THE 29 SUMMARY REPORT PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE 30 OFFICE. IF THE OFFICE RECEIVES SUCH WRITTEN STATEMENT, THE OFFICE SHALL 31 TRANSMIT SUCH WRITTEN STATEMENT TO ANY PROVIDER TOGETHER WITH THE SUMMA- 32 RY REPORT PROVIDED PURSUANT TO THIS SECTION. 33 9. THE PROVISIONS OF SUBDIVISION NINE OF SECTION EIGHT HUNDRED FORTY- 34 FIVE-B OF THE EXECUTIVE LAW REGARDING LIMITATIONS OF CIVIL AND CRIMINAL 35 LIABILITY AND LIMITATIONS UPON ACTIONS FOR DAMAGES SHALL APPLY WITH 36 RESPECT TO THE SUMMARY REPORTS DISCLOSED BY THE OFFICE TO PROVIDERS TO 37 THE SAME EXTENT AND IN THE SAME MANNER THAT SUCH PROVISIONS APPLY TO 38 CRIMINAL HISTORY INFORMATION PROVIDED UNDER SECTION EIGHT HUNDRED 39 FORTY-FIVE-B OF THE EXECUTIVE LAW. 40 S 2. The mental hygiene law is amended by adding a new section 31.36 41 to read as follows: 42 S 31.36 MENTAL HEALTH REGISTRY. 43 1. EVERY PROVIDER OF SERVICES REQUIRED TO REQUEST CRIMINAL HISTORY 44 INFORMATION CONCERNING CERTAIN PROSPECTIVE EMPLOYEES AND VOLUNTEERS 45 PURSUANT TO THE PROVISIONS OF SECTION 31.35 OF THIS ARTICLE SHALL ALSO 46 BE REQUIRED TO SUBMIT TO THE OFFICE OF MENTAL HEALTH, HEREINAFTER 47 REFERRED TO AS THE OFFICE, A SUMMARY REPORT IN A FORM APPROVED BY THE 48 OFFICE OF THE TERMINATION FOR CAUSE OF ANY EMPLOYEE OR VOLUNTEER WHO WAS 49 SUBJECT TO A CRIMINAL HISTORY BACKGROUND CHECK UNDER SECTION 31.35 OF 50 THIS ARTICLE AND WHO IS TERMINATED AS A RESULT OF A FINDING THAT SUCH 51 EMPLOYEE OR VOLUNTEER ENGAGED IN BEHAVIOR THAT CONSTITUTED ABUSE OR 52 NEGLECT OF A CLIENT. 53 2. IF SUCH EMPLOYEE OR VOLUNTEER VOLUNTARILY RESIGNS DURING THE 54 PENDENCY OF AN INVESTIGATION OF AN INCIDENT INVOLVING NEGLECT OR ABUSE 55 OF A CLIENT AND IF SUCH INVESTIGATION DETERMINES THAT SUCH EMPLOYEE OR 56 VOLUNTEER ENGAGED IN BEHAVIOR THAT CONSTITUTED ABUSE OR NEGLECT OF A A. 6891 3 1 CLIENT WHICH WOULD HAVE RESULTED IN TERMINATION, SUCH PROVIDER SHALL 2 FILE THE SUMMARY REPORT REQUIRED IN SUBDIVISION ONE OF THIS SECTION. 3 3. THE SUMMARY REPORT REQUIRED TO BE FILED UNDER SUBDIVISION ONE OF 4 THIS SECTION SHALL BE SUBMITTED TO THE OFFICE WITHIN THIRTY DAYS OF THE 5 TERMINATION OR, IF THE EMPLOYEE OR VOLUNTEER RESIGNS, THIRTY DAYS AFTER 6 THE COMPLETION OF THE INVESTIGATION. THE SUMMARY REPORT SHALL INCLUDE 7 THE NAME, HOME ADDRESS, SOCIAL SECURITY NUMBER OF THE EMPLOYEE OR VOLUN- 8 TEER AND A BRIEF DESCRIPTION OF THE CONDUCT INVOLVED IN THE INCIDENT IN 9 A FORM APPROVED BY THE OFFICE. 10 4. WHEN THE OFFICE RECEIVES A SUMMARY REPORT REGARDING AN EMPLOYEE OR 11 VOLUNTEER, THE OFFICE SHALL MAINTAIN SUCH REPORT TOGETHER WITH THE CRIM- 12 INAL HISTORY INFORMATION PREVIOUSLY OBTAINED REGARDING SUCH EMPLOYEE OR 13 VOLUNTEER. 14 5. IF THE OFFICE RECEIVES A REQUEST FOR CRIMINAL HISTORY INFORMATION 15 FOR A PROSPECTIVE EMPLOYEE OR VOLUNTEER FOR WHOM THE OFFICE HAS PREVI- 16 OUSLY RECEIVED A SUMMARY REPORT, THE OFFICE SHALL FURNISH A COPY OF ANY 17 SUMMARY REPORTS AND ANY WRITTEN RESPONSE FROM THE EMPLOYEE OR VOLUNTEER 18 REFERRED TO IN SUBDIVISION EIGHT OF THIS SECTION TO: (A) THE PROVIDER 19 THAT REQUESTED THE CRIMINAL HISTORY INFORMATION WITH RESPECT TO SUCH 20 PROSPECTIVE EMPLOYEE OR VOLUNTEER AND (B) ANY OTHER PROVIDER THAT PREVI- 21 OUSLY REQUESTED CRIMINAL HISTORY INFORMATION PERTAINING TO SUCH EMPLOYEE 22 OR VOLUNTEER EXCEPT IF SUCH PROVIDER HAS NOTIFIED THE OFFICE THAT SUCH 23 EMPLOYEE OR VOLUNTEER IS NO LONGER SUBJECT TO A CHECK PURSUANT TO THE 24 PROVISIONS OF SUBDIVISION EIGHT OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF 25 THE EXECUTIVE LAW. 26 6. THE OFFICE SHALL PROVIDE THE SUMMARY REPORT TO THE AUTHORIZED 27 PERSON AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION EIGHT 28 HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW. 29 7. THE SUMMARY REPORT PROVIDED BY THE OFFICE TO A PROVIDER SHALL BE 30 SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF SUBDIVISION SEVEN OF 31 SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW. 32 8. THE OFFICE SHALL PROVIDE EACH EMPLOYEE OR VOLUNTEER ABOUT WHOM THE 33 OFFICE RECEIVES A SUMMARY REPORT HEREUNDER WITH WRITTEN NOTIFICATION 34 THAT SUCH EMPLOYEE OR VOLUNTEER HAS THE RIGHT TO OBTAIN AND REVIEW THE 35 SUMMARY REPORT AND SUBMIT A BRIEF WRITTEN STATEMENT IN RESPONSE TO THE 36 SUMMARY REPORT PURSUANT TO REGULATIONS AND PROCEDURES ESTABLISHED BY THE 37 OFFICE. IF THE OFFICE RECEIVES SUCH WRITTEN STATEMENT, THE OFFICE SHALL 38 TRANSMIT SUCH WRITTEN STATEMENT TO ANY PROVIDER TOGETHER WITH THE SUMMA- 39 RY REPORT PROVIDED PURSUANT TO THIS SECTION. 40 9. THE PROVISIONS OF SUBDIVISION NINE OF SECTION EIGHT HUNDRED FORTY- 41 FIVE-B OF THE EXECUTIVE LAW REGARDING LIMITATIONS OF CIVIL AND CRIMINAL 42 LIABILITY AND LIMITATIONS UPON ACTIONS FOR DAMAGES SHALL APPLY WITH 43 RESPECT TO THE SUMMARY REPORTS DISCLOSED BY THE OFFICE TO PROVIDERS TO 44 THE SAME EXTENT AND IN THE SAME MANNER THAT SUCH PROVISIONS APPLY TO 45 CRIMINAL HISTORY INFORMATION PROVIDED UNDER SECTION EIGHT HUNDRED 46 FORTY-FIVE-B OF THE EXECUTIVE LAW. 47 S 3. This act shall take effect on the first of January next succeed- 48 ing the date on which it shall have become a law; provided, however, 49 that effective immediately the commissioner of developmental disabili- 50 ties and the commissioner of mental health may adopt, amend, suspend or 51 repeal rules or regulations and take other actions prior to and in prep- 52 aration for the timely implementation of this act on its effective date.