Bill Text: NY A09613 | 2011-2012 | General Assembly | Amended

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Bill Title: Requires providers of services for the developmentally disabled to perform certain duties relating to the use of surveillance cameras in vehicles used to transport children or adults with mental or physical disabilities.

Sponsorship: Slight Partisan Bill (Democrat 14-5)

Status: (Introduced - Dead) 2012-06-12 - held for consideration in mental health [A09613 Detail]

Download: New_York-2011-A09613-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9613--A
                                 I N  A S S E M B L Y
                                    March 20, 2012
                                      ___________
       Introduced  by M. of A. WEISENBERG, GUNTHER, McKEVITT, SWEENEY, SCHIMEL,
         TITUS -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  BRENNAN,  CROUCH,
         DUPREY,  GOTTFRIED,  McDONOUGH, McENENY, RA, ROBINSON -- read once and
         referred to the Committee on Mental Health  --  committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       AN ACT to amend the mental hygiene law, in relation to duties of provid-
         ers of services for the developmentally disabled
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 2 of section 31.11 of the mental hygiene law,
    2  as amended by chapter 558 of the laws of 2011, is  amended  to  read  as
    3  follows:
    4    2.  (A)  making  such  reports  as  are necessary to provide IMMEDIATE
    5  notification to the district attorney or other appropriate law  enforce-
    6  ment  official  and  the commissioner or his or her authorized represen-
    7  tative as soon as possible, [or in any event within three working days,]
    8  if it appears that a crime may have been  committed  against  a  patient
    9  receiving  services from such provider, unless it appears that the crime
   10  includes an employee,  intern,  volunteer,  consultant,  contractor,  or
   11  visitor  and  the  alleged conduct caused physical injury or the patient
   12  was subject to unauthorized sexual contact, or if it appears  the  crime
   13  is  endangering  the  welfare  of  an incompetent or physically disabled
   14  person pursuant to section 260.25 of the penal law, or if the crime  was
   15  any  felony  under  state  or federal law, then the district attorney or
   16  other appropriate law enforcement official must be contacted  immediate-
   17  ly,  and  in  any  event  no later than twenty-four hours and such other
   18  reports, uniform and otherwise, as are required by the  commissioner  or
   19  his  or her authorized representative with respect to its operations. If
   20  there is reasonable cause to believe that the crime against  the  client
   21  may have occurred in a facility or program of any other service provider
   22  licensed,  certified, funded or operated by a state agency, the adminis-
   23  trator or chief executive officer of such other service  provider  shall
   24  also be notified as soon as possible, or in any event within three work-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14977-02-2
       A. 9613--A                          2
    1  ing  days. Provided however, nothing herein shall require such report to
    2  an administrator or chief executive officer of a provider who is alleged
    3  to have committed the crime. The commissioner may execute  a  memorandum
    4  of understanding with the commissioners of other appropriate state agen-
    5  cies  to  ensure  the  coordination and cooperation of such agencies and
    6  providers of services with regard to the conduct  of  any  investigation
    7  and  prevention of unnecessary duplicative investigations resulting from
    8  the report of an alleged crime that may have occurred in a  facility  or
    9  program of another service provider. Information obtained by the commis-
   10  sioner  or  the  commission on quality of care for the mentally disabled
   11  from the records of patients receiving services shall be kept  confiden-
   12  tial in accordance with the provisions of this chapter.
   13    (B)  ANY  AND  ALL STATE OR PRIVATE DIRECT CARE EMPLOYEES OR ANY OTHER
   14  OFFICIAL, EMPLOYEE OR VOLUNTEER WITHIN ANY FACILITY OPERATED BY,  CERTI-
   15  FIED,  LICENSED,  FUNDED  OR OTHERWISE AUTHORIZED BY THE DEPARTMENT THAT
   16  WITNESSES AND REPORTS ANY ALLEGATION OF  ABUSE,  NEGLECT,  MALTREATMENT,
   17  UNAUTHORIZED  USE  OF  RESTRAINTS  OR SECLUSION, OR ANY OTHER SUSPICIOUS
   18  ACTS, OR PREMATURE DEATHS PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVISION
   19  SHALL  BE  PROTECTED  FROM ANY AND ALL RETRIBUTION, SUSPENSION OR TERMI-
   20  NATION BY THE FACILITY, ITS EMPLOYEES OR THE  DEPARTMENT  FOR  REPORTING
   21  SUCH.  ANY  PERSON  THAT  TREATS  A WHISTLEBLOWER WRONGFULLY, SUSPENDS A
   22  WHISTLEBLOWER OR FIRES A WHISTLEBLOWER FOR HIS OR HER ACTIONS  SHALL  BE
   23  SUBJECT  TO  TERMINATION AND SHALL NOT BE ENTITLED TO ABSOLUTE OR QUALI-
   24  FIED IMMUNITY IN A CAUSE OF ACTION FOR CIVIL LIABILITY.
   25    S 2. This act shall take effect immediately.