Bill Text: NY A07700 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires that mandated reporters who are multiple reporters who have direct knowledge of the same reportable incident shall be required to report such incident unless they know the report has already been made by another mandated reporter.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2018-06-05 - REFERRED TO RULES [A07700 Detail]

Download: New_York-2017-A07700-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7700--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 10, 2017
                                       ___________
        Introduced  by  M. of A. BARRETT, GUNTHER, SANTABARBARA -- read once and
          referred to the Committee on Mental Health -- reported and referred to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Codes 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  the  duty  of
          mandated  reporters  to  report  an  incident  when there are multiple
          reporters with direct knowledge of such incident
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivision 1 of section 491 of the social services law is
     2  amended by adding a new paragraph (b-1) to read as follows:
     3    (b-1) Where multiple reporters  have  direct  knowledge  of  the  same
     4  reportable  incident  or  have reasonable cause to suspect such incident
     5  has occurred, each mandated reporter is required to  report  such  inci-
     6  dent,  unless  he or she reasonably believes that the report has already
     7  been made by another mandated reporter.
     8    § 2. Paragraph (b) of subdivision 3  of  section  491  of  the  social
     9  services law, as added by section 1 of part B of chapter 501 of the laws
    10  of 2012, is amended to read as follows:
    11    (b)  [A]  Except  as provided in paragraph (b-1) of subdivision one of
    12  this section , a mandated reporter who knowingly and willfully fails  to
    13  report  a  case of suspected abuse or neglect to the vulnerable persons'
    14  central register may be subject to termination, subject to any  applica-
    15  ble  collective bargaining agreement. Any person or official required by
    16  this article to report a case of  suspected  abuse  or  neglect  to  the
    17  vulnerable  persons'  central register who knowingly and willfully fails
    18  to do so shall be civilly liable for the damages proximately  caused  by
    19  such failure.
    20    §  3.  This  act  shall take effect on the sixtieth day after it shall
    21  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11569-04-8