Bill Text: NY S02023 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to the licensure of athletic trainers; adds athletic trainers to the list of persons and officials required to report cases of suspected child abuse or maltreatment.
Spectrum: Slight Partisan Bill (Democrat 9-4)
Status: (Engrossed - Dead) 2022-05-24 - referred to higher education [S02023 Detail]
Download: New_York-2021-S02023-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2023--C 2021-2022 Regular Sessions IN SENATE January 16, 2021 ___________ Introduced by Sens. MAY, JACKSON, MANNION, MARTUCCI, RATH, REICHLIN-MEL- NICK, RIVERA, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to the licensure of athletic trainers; and to amend the social services law, in relation to adding athletic trainers to the list of persons and officials required to report cases of suspected child abuse or maltreatment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8351 of the education law, as amended by chapter 2 658 of the laws of 1993, is amended to read as follows: 3 § 8351. Definition of the practice of athletic training. [As used in4this article5"athletic trainer" means any person who is duly certified in accord-6ance with this article to perform athletic training under the super-7vision of a physician and limits his or her practice to secondary8schools, institutions of postsecondary education, professional athletic9organizations, or a person who, under the supervision of a physician,10carries out comparable functions on orthopedic athletic injuries,11excluding spinal cord injuries, in a health care organization. Super-12vision of an athletic trainer by a physician shall be continuous but13shall not be construed as requiring the physical presence of the super-14vising physician at the time and place where such services are15performed.] 1. Definition. The practice of the profession of athletic EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04477-07-2S. 2023--C 2 1 training is performed by licensed athletic trainers who are health care 2 providers, and is defined as: 3 (a) The prevention, recognition, examination, evaluation, assessment, 4 management, treatment and rehabilitation of athletic injuries that occur 5 in active individuals. Athletic training involves the recognition, 6 evaluation, and assistance in the management of sport-related illnesses 7 and medical conditions in active individuals, pursuant to the athletic 8 trainer's education, experience, and competencies. 9 (b) The work of athletic training is performed under the supervision 10 of a physician pursuant to a standard written protocol for athletic 11 training services. Supervision by a physician shall be continuous but 12 shall not be construed as requiring the physical presence of the super- 13 vising physician at the time and place where such services are 14 performed. 15 (c) The practice of athletic training may include use of various clin- 16 ically appropriate therapeutic modalities and techniques. Such clin- 17 ically appropriate therapeutic modalities and techniques include the use 18 of physical, chemical, and mechanical means including, use of heat, 19 cold, light, air, water, sound, electricity, massage, and therapeutic 20 exercise. Such clinically appropriate therapeutic modalities may include 21 appropriate preventative and supportive devices and/or temporary splint- 22 ing or bracing. Such clinically appropriate therapeutic modalities 23 include the evaluation and assessment to determine treatment, and to 24 assist in the planning of rehabilitation for recovery and return to 25 activity. 26 (d) The scope of work described [herein shall not be construed as27authorizing the reconditioning of neurologic injuries, conditions or28disease] in this section shall not be construed as authorizing the 29 management and treatment of acute, subacute, or chronic neurological 30 pathologies and comorbidities or neurological disease processes with the 31 exception of initial evaluation and triage of emergent neurological 32 conditions such as potential concussions, spinal cord injuries or nerve 33 injuries resulting from participation in an athletic endeavor. Once the 34 individual has been cleared by a supervising physician, after sustaining 35 such an injury, the athletic trainer shall work with the individual 36 pursuant to standard written protocol to manage, monitor and treat such 37 injuries for participation in rehabilitation for an athletic endeavor. 38 (e) Athletic training includes education and instruction to coaches, 39 athletes, active individuals, parents, medical personnel and communities 40 in the area of care and prevention of athletic injuries, sports-related 41 illnesses and medical conditions. 42 2. Boundaries of professional practice. 43 (a) Any individual whose license or authority to practice derives from 44 the provisions of this article shall be practicing beyond the boundaries 45 of professional practice, if such individual provides services not 46 authorized pursuant to the standard written protocol and such individual 47 shall be prohibited from prescribing any medication or controlled 48 substance or performing surgery, suturing, or any invasive procedures, 49 in which human tissue is cut, altered, or otherwise pierced by mechan- 50 ical or other means, including needles, except that nothing in this 51 section shall be construed to prohibit the use of an epinephrine auto- 52 injector device or glucometer pursuant to section three thousand-c of 53 the public health law. 54 (b) The standard written protocol shall include explicit provisions 55 for the resolution of any disagreement between the supervising physician 56 and the athletic trainer. To the extent the standard written protocolS. 2023--C 3 1 does not so provide, then the supervising physician's decision shall 2 prevail. 3 § 2. Section 8352 of the education law, as amended by chapter 658 of 4 the laws of 1993, is amended to read as follows: 5 § 8352. [Definition of practice of] Definitions related to athletic 6 training. [The practice of the profession of athletic training is7defined as the application of principles, methods and procedures for8managing athletic injuries, which shall include the preconditioning,9conditioning and reconditioning of an individual who has suffered an10athletic injury through the use of appropriate preventative and support-11ive devices, under the supervision of a physician and recognizing12illness and referring to the appropriate medical professional with13implementation of treatment pursuant to physician's orders. Athletic14training includes instruction to coaches, athletes, parents, medical15personnel and communities in the area of care and prevention of athletic16injuries.17The scope of work described herein shall not be construed as authoriz-18ing the reconditioning of neurologic injuries, conditions or disease.] 19 As used in this article, the following terms shall have the following 20 meanings: 21 1. "emergent" shall mean a serious, unexpected and often dangerous 22 situation requiring immediate action. 23 2. "supervision" shall mean oversight by a physician and shall be 24 continuous but shall not be construed as requiring the physical presence 25 of the supervising physician at the time and place where such services 26 are performed, and shall further include use of standard written proto- 27 cols for athletic training services developed in consultation with the 28 supervising physician. 29 3. "sport-related illnesses and medical conditions" shall mean any 30 emergent disease, disorder, sickness or affliction that arises from or 31 is an acute manifestation of an active individual's participation in an 32 exercise, a sport, a game, or a recreational activity, or other emergent 33 condition that may require immediate intervention by an athletic train- 34 er, acting with the consent and under the direction of a physician. 35 4. "athletic endeavor" shall include training, adaptive athletics, 36 physical activity, performing arts, public protection, and emergency 37 services. 38 5. "standard written protocol" shall mean written protocols, recommen- 39 dations, or guidelines to work with active individuals who require 40 athletic training services and that: (a) are created in collaboration 41 with the licensed athletic trainer and the supervising physician and are 42 signed in agreement by the licensed athletic trainer and the supervising 43 physician; (b) are followed by a licensed athletic trainer while 44 performing athletic training with the consent of, and when not directly 45 supervised onsite, by the supervising physician; (c) are annually 46 reviewed and renewed by the supervising physician and licensed athletic 47 trainer to ensure quality care; (d) require the availability of ongoing 48 communication between the supervising physician and the licensed athlet- 49 ic trainer; and (e) include a plan for emergency situations, appropriate 50 treatment and rehabilitation for specific injuries or illnesses that 51 result from athletic endeavors, and instructions for the treatment and 52 management of spinal cord injuries. 53 6. "active individual" shall mean one who engages in activities that 54 require a high degree of physical exertion, that involve training and 55 where injury occurs during such training or athletic endeavor, including 56 athletic individuals, performing artists and individuals involved inS. 2023--C 4 1 public protection, emergency services, or individuals involved in adap- 2 tive athletics. 3 7. "athletic injury" shall mean any injury sustained as a result of 4 participation in an exercise, a sport, a game, a recreational activity 5 or any other activity that requires a level of strength, flexibility or 6 agility that is comparable agility required for an exercise, a sport, a 7 game or a recreational activity. 8 § 3. Section 8353 of the education law, as added by chapter 798 of the 9 laws of 1992, is amended to read as follows: 10 § 8353. Use of the title "[certified] licensed athletic trainer". 11 Only a person [certified] licensed or otherwise authorized under this 12 article shall practice athletic training or use the title "athletic 13 trainer" or "[certified] licensed athletic trainer" or the abbreviation 14 "AT" or "LAT" in connection with his or her name or with any trade name 15 in the conduct of his or her profession. 16 § 4. Section 8354 of the education law, as added by chapter 798 of the 17 laws of 1992, is amended to read as follows: 18 § 8354. State committee for athletic trainers. A state committee for 19 athletic trainers shall be appointed by the board of regents, upon the 20 recommendation of the commissioner and shall assist on matters of 21 [certification] professional licensing, professional practice, and 22 professional conduct in accordance with section six thousand five 23 hundred eight of this title. The committee shall consist of [five] seven 24 members [who], five of whom are athletic trainers [certified] licensed 25 in this state, one physician who is licensed in the state of New York 26 and certified by a physician specialty certification organization 27 acceptable to the department in the specialties of orthopedic surgery, 28 primary care, family practice, sports medicine, or neurology, and one 29 public member that is a consumer of the profession. The committee shall 30 assist the state board for medicine in athletic training matters. Nomi- 31 nations and terms of office of the members of the state committee for 32 athletic trainers shall conform to the corresponding provisions relating 33 thereto for state boards under article one hundred thirty of title eight 34 of this chapter. [Notwithstanding the foregoing, the members of the35first committee need not be certified prior to their appointment to the36committee.] 37 § 5. Section 8355 of the education law, as added by chapter 798 of the 38 laws of 1992, is amended to read as follows: 39 § 8355. Requirements and procedure for professional [certification] 40 licensure. [For certification as a certified] To qualify for a license 41 as an athletic trainer under this article, an applicant shall fulfill 42 the following requirements: 43 1. Application: file an application with the department; 44 2. Education: have received an education including a bachelor's, its 45 equivalent or higher degree in accordance with the commissioner's regu- 46 lations, provided however, after December thirty-first, two thousand 47 thirty, applicants shall have received a master's degree, its equivalent 48 or higher in accordance with the commissioner's regulations; 49 3. Experience: have experience in accordance with the commissioner's 50 regulations; 51 4. Examination: pass an examination in accordance with the commission- 52 er's regulations; 53 5. Age: be at least twenty-one years of age; [and] 54 6. Fees: pay a fee for an initial [certificate] license of one hundred 55 dollars to the department; and a fee of fifty dollars for each triennial 56 registration period[.]; andS. 2023--C 5 1 7. Character: be of good moral character as determined by the depart- 2 ment. 3 § 6. Section 8356 of the education law, as amended by chapter 658 of 4 the laws of 1993, is amended to read as follows: 5 § 8356. [Special provisions. A person shall be certified without exam-6ination provided that, within three years from the effective date of7regulations implementing the provisions of this article, the individual:81. files an application and pays the appropriate fees to the depart-9ment; and102. meets the requirements of subdivisions two and five of section11eight thousand three hundred fifty-five of this article and who in addi-12tion:13(a) has been actively engaged in the profession of athletic training14for a minimum of four years during the seven years immediately preceding15the effective date of this article; or16(b) is certified by a United States certifying body acceptable to the17department.] Exempt persons. 1. Nothing contained in this article shall 18 prohibit: 19 (a) the practice of athletic training that is an integral part of a 20 program of study by students enrolled in an athletic training program 21 acceptable by the department or the substantial equivalent as determined 22 by the department. Students enrolled in an athletic training program 23 determined as acceptable by the department shall be identified as 24 "athletic training students" and shall only practice athletic training 25 under the direction and supervision of an athletic trainer currently 26 licensed under this article. An athletic training student shall not hold 27 himself or herself out as a licensed athletic trainer; or 28 (b) the practice of athletic training by any person who is appropri- 29 ately authorized and in good standing to practice athletic training in 30 another state from acting as an athletic trainer without a New York 31 state license solely for the following purposes: 32 (1) clinical education, practice demonstrations or clinical research 33 that is within the practice of athletic training in connection with a 34 program of basic clinical education, graduate education, or post-gradu- 35 ate education in an approved school of athletic training, or in a clin- 36 ical facility, or a health care agency, or for the purposes of continu- 37 ing education not to exceed a duration of thirty days in any calendar 38 year, and any athletic trainer who is licensed in another state or coun- 39 try, who is visiting an athletic training program, conducting clinical 40 education or clinical research shall be under the supervision of an 41 athletic trainer licensed in the state and such practice shall be limit- 42 ed to such instruction or research; or 43 (2) assisting in the care of athletes in a discrete sanctioned athlet- 44 ic event. 45 2. Any person practicing athletic training in this state pursuant to 46 this subdivision shall be subject to personal and subject matter juris- 47 diction and the disciplinary and regulatory authority of the board of 48 regents as if he or she is a licensee and as if the exemption pursuant 49 to this subdivision is a license. Such individuals shall consent to the 50 appointment of the secretary of state or other public official accepta- 51 ble to the department, in such athletic trainers' states of licensure as 52 the athletic trainers' agents upon whom process may be served in any 53 actions or proceedings by the department against such athletic trainers. 54 Such individuals shall comply with the provisions of this article, the 55 rules of the board of regents and the regulations of the commissionerS. 2023--C 6 1 relating to professional misconduct, disciplinary proceedings and penal- 2 ties for professional misconduct. 3 3. (a) Any athletic trainer who is licensed and in good standing in 4 another state or territory, and who has a written agreement to provide 5 athletic training services to athletes and team personnel of a United 6 States sports team recognized by the United States Olympic and Paralym- 7 pic Committees or an out-of-state secondary school, an institution of 8 postsecondary education, a professional or amateur athletic organization 9 sports team, or a performing arts troupe, may provide athletic training 10 services to such athletes and team personnel at a discrete sanctioned 11 team sporting event or performance in this state as defined by the 12 commissioner in regulations, provided such services are provided only to 13 such athletes and team personnel at the discrete sanctioned team sport- 14 ing event or performance. Any such athletic training services shall be 15 provided only five days before through three days after each discrete 16 sanctioned team sporting event or traveling performance. 17 (b) Any person practicing as an athletic trainer in this state pursu- 18 ant to this subdivision shall be subject to the personal and subject 19 matter jurisdiction and disciplinary and regulatory authority of the 20 board of regents as if he or she is a licensee and as if the exemption 21 pursuant to this subdivision is a license. Such individual shall comply 22 with applicable provisions of the rules of the board of regents, and the 23 regulations of the commissioner, relating to professional misconduct, 24 disciplinary proceedings and penalties for professional misconduct. 25 4. This article shall not be construed to prohibit qualified members 26 of other licensed or legally recognized professions from performing work 27 incidental to the practice of their profession, except that such persons 28 may not hold themselves out under the title athletic trainer or as 29 performing athletic training. 30 § 7. The education law is amended by adding two new sections 8356-a 31 and 8356-b to read as follows: 32 § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet- 33 ic trainer required under this article to register triennially with the 34 department to practice in the state shall comply with the provisions of 35 the mandatory continuing education requirements prescribed in subdivi- 36 sion two of this section except as set forth in paragraphs (b) and (c) 37 of this subdivision. Licensed athletic trainers who do not satisfy the 38 mandatory continuing education requirements shall not practice until 39 they have met such requirements, and they have been issued a registra- 40 tion certificate, except that a licensed athletic trainer may practice 41 without having met such requirements if he or she is issued a condi- 42 tional registration certificate pursuant to subdivision three of this 43 section. 44 (b) Each licensed athletic trainer shall be exempt from the mandatory 45 continuing education requirement for the triennial registration period 46 during which he or she is first licensed. In accordance with the intent 47 of this section, adjustment to the mandatory continuing education 48 requirement may be granted by the department for reasons of health 49 certified by an appropriate health care professional, for extended 50 active duty with the armed forces of the United States, or for other 51 good cause acceptable to the department which may prevent compliance. 52 (c) A licensed athletic trainer not engaged in practice, as determined 53 by the department, shall be exempt from the mandatory continuing educa- 54 tion requirement upon the filing of a statement with the department 55 declaring such status. Any licensee who returns to the practice of 56 athletic training during the triennial registration period shall notifyS. 2023--C 7 1 the department prior to reentering the profession and shall meet such 2 mandatory education requirements as shall be prescribed by regulations 3 of the commissioner. 4 2. During each triennial registration period, an applicant for regis- 5 tration as a licensed athletic trainer shall complete a minimum of 6 forty-five hours of acceptable formal continuing education, as specified 7 in subdivision four of this section. Any licensed athletic trainer whose 8 first registration date following the effective date of this section 9 occurs less than three years from such effective date, but on or after 10 January first, two thousand twenty-two, shall complete continuing educa- 11 tion hours on a prorated basis at the rate of one hour per month for the 12 period beginning January first, two thousand twenty-two and then fifteen 13 hours per year until his or her first registration date thereafter. A 14 licensee who has not satisfied the mandatory continuing education 15 requirements shall not be issued a triennial registration certificate by 16 the department and shall not practice unless and until a conditional 17 registration certificate is issued as provided for in subdivision three 18 of this section. Continuing education hours taken during one triennium 19 shall not be transferred to a subsequent triennium. 20 3. The department, in its discretion, may issue a conditional regis- 21 tration to a licensee who fails to meet the continuing education 22 requirements established in subdivision two of this section but who 23 agrees to make up any deficiencies and complete any additional education 24 which the department may require. The fee for such a conditional regis- 25 tration shall be the same as, and in addition to, the fee for the trien- 26 nial registration. The duration of such conditional registration shall 27 be determined by the department but shall not exceed one year. Any 28 licensee who is notified of the denial of registration for failure to 29 submit evidence, satisfactory to the department, of required continuing 30 education and who practices without such registration may be subject to 31 disciplinary proceedings pursuant to section sixty-five hundred ten of 32 this title. 33 4. For purposes of this section: 34 (a) "acceptable learning activities" shall include, but not be limited 35 to, formal courses of learning which contribute to professional practice 36 in athletic training and/or self-study activities; independent study; 37 formal mentoring activities; publication in professional journals; or 38 lectures, which meet the standards prescribed by regulations of the 39 commissioner; and 40 (b) "formal courses of learning" shall include, but not be limited to, 41 collegiate level credit and non-credit courses, professional development 42 programs and technical sessions offered by national, state and local 43 professional associations and any other organizations acceptable to the 44 department, and any other organized educational and technical programs 45 acceptable to the department. Formal courses shall be taken from a 46 sponsor approved by the department, based upon an application and fee, 47 pursuant to the regulations of the commissioner. 48 5. The department may, in its discretion and as needed to contribute 49 to the health and welfare of the public, require the completion of 50 continuing education credits in specific subjects to fulfill the manda- 51 tory continuing education requirement under this section. 52 6. A licensed athletic trainer shall maintain adequate documentation 53 of completion of acceptable formal continuing education and shall 54 provide such documentation at the request of the department. Failure to 55 provide such documentation upon the request of the department shall beS. 2023--C 8 1 an act of misconduct subject to disciplinary proceedings pursuant to 2 section sixty-five hundred ten of this title. 3 7. The mandatory continuing education fee shall be payable on or 4 before the first day of each triennial registration period, and shall be 5 paid in addition to the triennial registration fee required by section 6 eighty-three hundred fifty-five of this article. 7 § 8356-b. Special provisions. Any person who is certified as an 8 athletic trainer by the department on the effective date of this section 9 shall have one year from the effective date to apply for and qualify for 10 licensure as an athletic trainer without meeting any additional require- 11 ments. 12 § 8. Section 8357 of the education law, as added by chapter 798 of the 13 laws of 1992, is amended to read as follows: 14 § 8357. Non-liability of [certified] licensed athletic trainers for 15 first aid or emergency treatment. Notwithstanding any inconsistent 16 provision of any general, special or local law, any [certified] licensed 17 athletic trainer who voluntarily and without the expectation of monetary 18 compensation renders first aid or emergency treatment at the scene of an 19 accident or other emergency, outside a hospital, doctor's office or any 20 other place having proper and necessary athletic training equipment, to 21 a person who is unconscious, ill or injured, shall not be liable for 22 damages for injuries alleged to have been sustained by such person or 23 for damages for the death of such person alleged to have occurred by 24 reason of an act or omission in the rendering of such first aid or emer- 25 gency treatment unless it is established that such injuries were or such 26 death was caused by gross negligence on the part of such athletic train- 27 er. Nothing in this section shall be deemed or construed to relieve a 28 [certified] licensed athletic trainer from liability for damages for 29 injuries or death caused by an act or omission on the part of an athlet- 30 ic trainer while rendering professional services in the normal and ordi- 31 nary course of his or her practice. 32 § 9. Section 8358 of the education law is renumbered section 8359 and 33 a new section 8358 is added to read as follows: 34 § 8358. Limited permits. The following requirements for a limited 35 permit shall apply to all professions licensed or certified pursuant to 36 this article: 37 1. The department may issue a limited permit to an applicant who meets 38 all qualifications for licensure, except the examination, in accordance 39 with regulations promulgated therefor. 40 2. Limited permits shall be for one year; the department may for 41 justifiable cause renew a limited permit, provided that no applicant 42 shall practice under any limited permit for more than a total of two 43 years. 44 3. The fee for each limited permit and for each renewal shall be 45 seventy dollars. 46 4. A limited permit holder shall practice only under the supervision 47 of a physician as determined in accordance with the commissioner's regu- 48 lations. 49 § 10. Paragraph a of subdivision 3 of section 6507 of the education 50 law, as amended by chapter 672 of the laws of 2019, is amended to read 51 as follows: 52 a. Establish standards for preprofessional and professional education, 53 experience and licensing examinations as required to implement the arti- 54 cle for each profession. Notwithstanding any other provision of law, the 55 commissioner shall establish standards requiring that all persons apply- 56 ing, on or after January first, nineteen hundred ninety-one, initially,S. 2023--C 9 1 or for the renewal of, a license, registration or limited permit to be a 2 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 3 trist, psychiatrist, psychologist, licensed master social worker, 4 licensed clinical social worker, licensed creative arts therapist, 5 licensed marriage and family therapist, licensed mental health counse- 6 lor, licensed psychoanalyst, dental hygienist, licensed behavior 7 analyst, [or] certified behavior analyst assistant, or athletic trainer 8 shall, in addition to all the other licensure, certification or permit 9 requirements, have completed two hours of coursework or training regard- 10 ing the identification and reporting of child abuse and maltreatment. 11 The coursework or training shall be obtained from an institution or 12 provider which has been approved by the department to provide such 13 coursework or training. The coursework or training shall include infor- 14 mation regarding the physical and behavioral indicators of child abuse 15 and maltreatment and the statutory reporting requirements set out in 16 sections four hundred thirteen through four hundred twenty of the social 17 services law, including but not limited to, when and how a report must 18 be made, what other actions the reporter is mandated or authorized to 19 take, the legal protections afforded reporters, and the consequences for 20 failing to report. Such coursework or training may also include informa- 21 tion regarding the physical and behavioral indicators of the abuse of 22 individuals with mental retardation and other developmental disabilities 23 and voluntary reporting of abused or neglected adults to the office for 24 people with developmental disabilities or the local adult protective 25 services unit. Each applicant shall provide the department with documen- 26 tation showing that he or she has completed the required training. The 27 department shall provide an exemption from the child abuse and maltreat- 28 ment training requirements to any applicant who requests such an 29 exemption and who shows, to the department's satisfaction, that there 30 would be no need because of the nature of his or her practice for him or 31 her to complete such training; 32 § 11. Section 6505-b of the education law, as amended by chapter 10 of 33 the laws of 2018, is amended to read as follows: 34 § 6505-b. Course work or training in infection control practices. 35 Every dentist, registered nurse, licensed practical nurse, podiatrist, 36 optometrist, athletic trainer and dental hygienist practicing in the 37 state shall, on or before July first, nineteen hundred ninety-four and 38 every four years thereafter, complete course work or training appropri- 39 ate to the professional's practice approved by the department regarding 40 infection control, which shall include sepsis, and barrier precautions, 41 including engineering and work practice controls, in accordance with 42 regulatory standards promulgated by the department, in consultation with 43 the department of health, which shall be consistent, as far as appropri- 44 ate, with such standards adopted by the department of health pursuant to 45 section two hundred thirty-nine of the public health law to prevent the 46 transmission of HIV, HBV, HCV and infections that could lead to sepsis 47 in the course of professional practice. Each such professional shall 48 document to the department at the time of registration commencing with 49 the first registration after July first, nineteen hundred ninety-four 50 that the professional has completed course work or training in accord- 51 ance with this section, provided, however that a professional subject to 52 the provisions of paragraph (f) of subdivision one of section twenty- 53 eight hundred five-k of the public health law shall not be required to 54 so document. The department shall provide an exemption from this 55 requirement to anyone who requests such an exemption and who (i) clearly 56 demonstrates to the department's satisfaction that there would be noS. 2023--C 10 1 need for him or her to complete such course work or training because of 2 the nature of his or her practice or (ii) that he or she has completed 3 course work or training deemed by the department to be equivalent to the 4 course work or training approved by the department pursuant to this 5 section. The department shall consult with organizations representative 6 of professions, institutions and those with expertise in infection 7 control and HIV, HBV, HCV and infections that could lead to sepsis with 8 respect to the regulatory standards promulgated pursuant to this 9 section. 10 § 12. Paragraph (a) of subdivision 1 of section 413 of the social 11 services law, as amended by section 7 of part C of chapter 57 of the 12 laws of 2018, is amended to read as follows: 13 (a) The following persons and officials are required to report or 14 cause a report to be made in accordance with this title when they have 15 reasonable cause to suspect that a child coming before them in their 16 professional or official capacity is an abused or maltreated child, or 17 when they have reasonable cause to suspect that a child is an abused or 18 maltreated child where the parent, guardian, custodian or other person 19 legally responsible for such child comes before them in their profes- 20 sional or official capacity and states from personal knowledge facts, 21 conditions or circumstances which, if correct, would render the child an 22 abused or maltreated child: any physician; registered physician assist- 23 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 24 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 25 athletic trainer; psychologist; registered nurse; social worker; emer- 26 gency medical technician; licensed creative arts therapist; licensed 27 marriage and family therapist; licensed mental health counselor; 28 licensed psychoanalyst; licensed behavior analyst; certified behavior 29 analyst assistant; hospital personnel engaged in the admission, examina- 30 tion, care or treatment of persons; a Christian Science practitioner; 31 school official, which includes but is not limited to school teacher, 32 school guidance counselor, school psychologist, school social worker, 33 school nurse, school administrator or other school personnel required to 34 hold a teaching or administrative license or certificate; full or part- 35 time compensated school employee required to hold a temporary coaching 36 license or professional coaching certificate; social services worker; 37 employee of a publicly-funded emergency shelter for families with chil- 38 dren; director of a children's overnight camp, summer day camp or trav- 39 eling summer day camp, as such camps are defined in section thirteen 40 hundred ninety-two of the public health law; day care center worker; 41 school-age child care worker; provider of family or group family day 42 care; employee or volunteer in a residential care facility for children 43 that is licensed, certified or operated by the office of children and 44 family services; or any other child care or foster care worker; mental 45 health professional; substance abuse counselor; alcoholism counselor; 46 all persons credentialed by the office of alcoholism and substance abuse 47 services; employees, who are expected to have regular and substantial 48 contact with children, of a health home or health home care management 49 agency contracting with a health home as designated by the department of 50 health and authorized under section three hundred sixty-five-l of this 51 chapter or such employees who provide home and community based services 52 under a demonstration program pursuant to section eleven hundred fifteen 53 of the federal social security act who are expected to have regular and 54 substantial contact with children; peace officer; police officer; 55 district attorney or assistant district attorney; investigator employed 56 in the office of a district attorney; or other law enforcement official.S. 2023--C 11 1 § 13. This act shall take effect two years after it shall have become 2 a law, provided, however, that section 8356-a of the education law as 3 added by section seven of this act shall take effect five years after 4 this act shall have become a law. Effective immediately, the addition, 5 amendment and/or repeal of any rule or regulation necessary for the 6 implementation of this act on its effective date are authorized to be 7 made and completed on or before such date.