Bill Text: NY S08121 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the duty to report incidents to 911 and the county district attorney's office.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-06-13 - REFERRED TO RULES [S08121 Detail]
Download: New_York-2015-S08121-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8121 IN SENATE June 13, 2016 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD11697-14-6S. 8121 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 in9this subdivision shall be construed to prohibit a mandated reporter from10contacting or reporting to law enforcement or emergency services before11or 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 orS. 8121 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.
