STATE OF NEW YORK
________________________________________________________________________
10704
IN ASSEMBLY
June 13, 2016
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Weprin) --
read once and referred to the Committee on Social Services
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 and subdivision 4 as
3 amended by chapter 126 of the laws of 2014, is amended to read as
4 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
10 and all deaths to a 9-1-1 operator, the county district attorney's
11 office and the vulnerable persons' central register except for taunts,
12 derogatory comments or ridicule which is required to be reported solely
13 to the vulnerable persons' central register as established by section
14 four hundred ninety-two of this article and in accordance with the
15 requirements set forth therein. All medical emergencies that threaten
16 the health, safety or life of individuals served shall be reported imme-
17 diately to a 9-1-1 operator.
18 (b) Allegations of reportable incidents, all suspicious and unex-
19 plained injuries to include broken bones, hematomas, open wounds beyond
20 minor first aid, black eyes, swollen noses, extreme and questionable
21 bruising, choke marks, burns, all individuals served found unresponsive
22 and all deaths shall be reported immediately to a 9-1-1 operator, the
23 county district attorney's office and the vulnerable persons' central
24 register upon discovery. For purposes of this article, "discovery"
25 occurs when the mandated reporter witnesses a suspected reportable inci-
26 dent or when another person, including the vulnerable person, comes
27 before the mandated reporter in the mandated reporter's professional or
28 official capacity and provides the mandated reporter with reasonable
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11697-14-6
A. 10704 2
1 cause to suspect that the vulnerable person has been subjected to a
2 reportable incident, all suspicious and unexplained injuries to include
3 broken bones, hematomas, open wounds beyond minor first aid, black eyes,
4 swollen noses, extreme and questionable bruising, choke marks, burns,
5 all individuals served found unresponsive and all deaths. A report to
6 the register shall include the name, title and contact information of
7 every person known to the mandated reporter to have the same information
8 as the mandated reporter concerning the reportable incident. [Nothing in
9 this subdivision shall be construed to prohibit a mandated reporter from
10 contacting or reporting to law enforcement or emergency services before
11 or after reporting to the vulnerable persons' central register.]
12 (c) The substance or content of any psychological, psychiatric, thera-
13 peutic, clinical or medical reports, evaluations or like materials or
14 information pertaining to the treatment of a patient or client of a
15 mandatory reporter who reports a reportable incident of such patient or
16 client pursuant to this article, must be provided by such mandatory
17 reporter upon request of the justice center for the protection of people
18 with special needs, local police and county district attorney if such
19 records are essential for a full investigation of such allegation,
20 notwithstanding any applicable privilege which would otherwise bar the
21 disclosure of such materials and records pursuant to article forty-five
22 of the civil practice law and rules or other provision of law except
23 applicable federal law governing the disclosure of patient and related
24 medical records.
25 2. Any person or official required to report allegations of reportable
26 incidents pursuant to this section may take or cause to be taken color
27 photographs of visible trauma and the face of the vulnerable person
28 named in the report and upon the consent of a person authorized to
29 consent to medical care for the vulnerable person, shall, if medically
30 indicated, cause to be performed a radiological examination of the
31 vulnerable person. Any photographs or radiological examinations taken
32 shall be provided to the justice center, local police and county
33 district attorney for use only for the purposes of an investigation of a
34 reportable incident.
35 3. (a) Any human services professional required by this article to
36 report a case of suspected abuse or neglect, all suspicious and unex-
37 plained injuries to include broken bones, hematomas, open wounds beyond
38 minor first aid, black eyes, swollen noses, extreme and questionable
39 bruising, choke marks, burns, all individuals served found unresponsive
40 and all deaths to a 9-1-1 operator, the county district attorney's
41 office and the vulnerable persons' central register who knowingly and
42 willfully fails to do so shall be guilty of a class [A misdemeanor] E
43 felony. Mandated reporters shall report non-criminal medical emergen-
44 cies that threaten the health, safety or life of individuals served to a
45 9-1-1 operator only. Mandated reporters who knowingly and willfully fail
46 to report such medical emergencies to a 9-1-1 operator shall be guilty
47 of a class E felony.
48 (b) A mandated reporter who knowingly and willfully fails to report a
49 case of suspected abuse or neglect, all suspicious and unexplained inju-
50 ries to include broken bones, hematomas, open wounds beyond minor first
51 aid, black eyes, swollen noses, extreme and questionable bruising, choke
52 marks, burns, all individuals served found unresponsive and all deaths
53 to a 9-1-1 operator, the county district attorney's office and the
54 vulnerable persons' central register may be subject to termination,
55 subject to any applicable collective bargaining agreement. Any person or
56 official required by this article to report a case of suspected abuse or
A. 10704 3
1 neglect, all suspicious and unexplained injuries to include broken
2 bones, hematomas, open wounds beyond minor first aid, black eyes, swol-
3 len noses, extreme and questionable bruising, choke marks, burns, all
4 individuals served found unresponsive and all deaths to a 9-1-1 opera-
5 tor, the county district attorney's office and the vulnerable persons'
6 central register and any medical emergencies that threaten the health,
7 safety or life of individuals served not reported immediately to a 9-1-1
8 operator who knowingly and willfully fails to do so shall be civilly
9 liable for the damages proximately caused by such failure.
10 4. A medical or other public or private institution, state agency,
11 school, facility or provider agency or its vendors or contractors shall
12 not take any retaliatory personnel action, as such term is defined in
13 paragraph (e) of subdivision one of section seven hundred forty of the
14 labor law, against an employee or agent or vendor or contractor because
15 such employee or agent or vendor or contractor believes that he or she
16 has reasonable cause to suspect that a vulnerable person has been
17 subjected to a reportable incident and that employee or agent or vendor
18 or contractor therefore makes a report in accordance with this section
19 and/or cooperated with the investigation of a reportable incident. A
20 court of competent jurisdiction may grant injunctive relief to any
21 person determined to have been subjected to such retaliation.
22 5. All state and private agencies with mandatory reporters shall
23 retrain all staff on reporting to a 9-1-1 operator and the county
24 district attorney's office and all state and private websites, training
25 manuals, informational brochures or pamphlets directing reporting shall
26 state that such instances be reported to a 9-1-1 operator and the county
27 district attorney's office and the vulnerable persons' central register.
28 All former poster and wallet cards and any other information directing
29 reportable incidents to only the vulnerable persons' central register
30 will be replaced and updated in a conspicuously located and timely
31 manner to direct reporting of reportable incidents, crimes, medical
32 emergencies, suspicious and unexplained injuries to include broken
33 bones, hematomas, open wounds beyond minor first aid, black eyes, swol-
34 len noses, extreme and questionable bruising, choke marks, burns, all
35 individuals served found unresponsive and all deaths to the vulnerable
36 persons' central register, a 9-1-1 operator, and the county district
37 attorney's office with the exception of non-criminal medical emergen-
38 cies, which shall only be reported to a 9-1-1 operator.
39 § 2. This act shall take effect immediately.