STATE OF NEW YORK
________________________________________________________________________
6830--C
2017-2018 Regular Sessions
IN ASSEMBLY
March 21, 2017
___________
Introduced by M. of A. WEPRIN, ABINANTI, JENNE, ARROYO, CARROLL,
PHEFFER AMATO, PRETLOW, RIVERA, SEAWRIGHT, COOK, HYNDMAN, THIELE,
D'URSO, SIMON, BLAKE, RAMOS, LENTOL, DAVILA, LAVINE, MAGEE, HIKIND,
COLTON, VANEL, M. G. MILLER, STIRPE, BARRON, WOERNER, CUSICK, WALKER,
DE LA ROSA, JEAN-PIERRE, MOSLEY, CAHILL, TITONE, BARNWELL, CRESPO,
ZEBROWSKI, O'DONNELL, CASTORINA, ABBATE, ENGLEBRIGHT, AUBRY, OAKS,
STEC, CURRAN, JAFFEE, SCHIMMINGER, HOOPER, ORTIZ, PICHARDO, BRABENEC,
B. MILLER, BICHOTTE, BARCLAY, KOLB, FINCH, PALMESANO, LAWRENCE, LALOR,
GARBARINO, MURRAY, RA, McDONOUGH, RAIA, MONTESANO, WALSH, JOHNS,
CROUCH, BUTLER, DiPIETRO, ERRIGO, GIGLIO, FITZPATRICK, WILLIAMS,
GALEF, PALUMBO, BENEDETTO, JOYNER, DICKENS, DILAN, SOLAGES, MALLIOTAK-
IS, WRIGHT, MORINELLO, BOHEN -- Multi-Sponsored by -- M. of A. BLANK-
ENBUSH, CYMBROWITZ, DenDEKKER, KIM, PERRY, L. ROSENTHAL -- read once
and referred to the Committee on Social Services -- reference changed
to the Committee on Mental Health -- recommitted to the Committee on
Mental Health in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
-- again reported from said committee with amendments, ordered
reprinted as amended and recommitted to said committee
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, subdivision 4 as amended
3 by chapter 126 of the laws of 2014, subdivision 5 as added by chapter
4 422 of the laws of 2017, is amended to read as follows:
5 § 491. Duty to report incidents. 1. (a) Mandated reporters shall
6 report allegations of reportable incidents, all suspicious and unex-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09233-08-8
A. 6830--C 2
1 plained injuries to include broken bones, hematomas, open wounds beyond
2 minor first aid, black eyes, swollen noses, extreme and questionable
3 bruising, choke marks, burns, all individuals served found unresponsive
4 and all deaths to a 9-1-1 operator, the county district attorney's
5 office and the vulnerable persons' central register except for taunts,
6 derogatory comments or ridicule which is required to be reported solely
7 to the vulnerable persons' central register as established by section
8 four hundred ninety-two of this article and in accordance with the
9 requirements set forth therein. All medical emergencies that threaten
10 the health, safety or life of individuals served shall be reported imme-
11 diately to a 9-1-1 operator.
12 (b) Allegations of reportable incidents, all suspicious and unex-
13 plained injuries to include broken bones, hematomas, open wounds beyond
14 minor first aid, black eyes, swollen noses, extreme and questionable
15 bruising, choke marks, burns, all individuals served found unresponsive
16 and all deaths shall be reported immediately to a 9-1-1 operator, the
17 county district attorney's office and the vulnerable persons' central
18 register upon discovery. For purposes of this article, "discovery"
19 occurs when the mandated reporter witnesses a suspected reportable inci-
20 dent or when another person, including the vulnerable person, comes
21 before the mandated reporter in the mandated reporter's professional or
22 official capacity and provides the mandated reporter with reasonable
23 cause to suspect that the vulnerable person has been subjected to a
24 reportable incident, all suspicious and unexplained injuries to include
25 broken bones, hematomas, open wounds beyond minor first aid, black eyes,
26 swollen noses, extreme and questionable bruising, choke marks, burns,
27 all individuals served found unresponsive and all deaths. A report to
28 the register shall include the name, title and contact information of
29 every person known to the mandated reporter to have the same information
30 as the mandated reporter concerning the reportable incident. [Nothing in
31 this subdivision shall be construed to prohibit a mandated reporter from
32 contacting or reporting to law enforcement or emergency services before
33 or after reporting to the vulnerable persons' central register.]
34 (c) The substance or content of any psychological, psychiatric, thera-
35 peutic, clinical or medical reports, evaluations or like materials or
36 information pertaining to the treatment of a patient or client of a
37 mandatory reporter who reports a reportable incident of such patient or
38 client pursuant to this article, must be provided by such mandatory
39 reporter upon request of the justice center for the protection of people
40 with special needs, local police and county district attorney if such
41 records are essential for a full investigation of such allegation,
42 notwithstanding any applicable privilege which would otherwise bar the
43 disclosure of such materials and records pursuant to article forty-five
44 of the civil practice law and rules or other provision of law except
45 applicable federal law governing the disclosure of patient and related
46 medical records.
47 2. Any person or official required to report allegations of reportable
48 incidents pursuant to this section may take or cause to be taken color
49 photographs of visible trauma and the face of the vulnerable person
50 named in the report and upon the consent of a person authorized to
51 consent to medical care for the vulnerable person, shall, if medically
52 indicated, cause to be performed a radiological examination of the
53 vulnerable person. Any photographs or radiological examinations taken
54 shall be provided to the justice center, local police and county
55 district attorney for use only for the purposes of an investigation of a
56 reportable incident.
A. 6830--C 3
1 3. (a) Any human services professional required by this article to
2 report a case of suspected abuse or neglect, all suspicious and unex-
3 plained injuries to include broken bones, hematomas, open wounds beyond
4 minor first aid, black eyes, swollen noses, extreme and questionable
5 bruising, choke marks, burns, all individuals served found unresponsive
6 and all deaths to a 9-1-1 operator, the county district attorney's
7 office and the vulnerable persons' central register who knowingly and
8 willfully fails to do so shall be guilty of a class A misdemeanor.
9 Mandated reporters shall report non-criminal medical emergencies that
10 threaten the health, safety or life of individuals served to a 9-1-1
11 operator only. Mandated reporters who knowingly and willfully fail to
12 report such medical emergencies to a 9-1-1 operator shall be guilty of a
13 class E felony.
14 (b) A mandated reporter who knowingly and willfully fails to report a
15 case of suspected abuse or neglect, all suspicious and unexplained inju-
16 ries to include broken bones, hematomas, open wounds beyond minor first
17 aid, black eyes, swollen noses, extreme and questionable bruising, choke
18 marks, burns, all individuals served found unresponsive and all deaths
19 to a 9-1-1 operator, the county district attorney's office and the
20 vulnerable persons' central register may be subject to termination,
21 subject to any applicable collective bargaining agreement. Any person or
22 official required by this article to report a case of suspected abuse or
23 neglect, all suspicious and unexplained injuries to include broken
24 bones, hematomas, open wounds beyond minor first aid, black eyes, swol-
25 len noses, extreme and questionable bruising, choke marks, burns, all
26 individuals served found unresponsive and all deaths to a 9-1-1 opera-
27 tor, the county district attorney's office and the vulnerable persons'
28 central register and any medical emergencies that threaten the health,
29 safety or life of individuals served not reported immediately to a 9-1-1
30 operator who knowingly and willfully fails to do so shall be civilly
31 liable for the damages proximately caused by such failure.
32 4. A medical or other public or private institution, state agency,
33 school, facility or provider agency or its vendors or contractors shall
34 not take any retaliatory personnel action, as such term is defined in
35 paragraph (e) of subdivision one of section seven hundred forty of the
36 labor law, against an employee or agent or vendor or contractor because
37 such employee or agent or vendor or contractor believes that he or she
38 has reasonable cause to suspect that a vulnerable person has been
39 subjected to a reportable incident and that employee or agent or vendor
40 or contractor therefore makes a report in accordance with this section
41 and/or cooperated with the investigation of a reportable incident. A
42 court of competent jurisdiction may grant injunctive relief to any
43 person determined to have been subjected to such retaliation.
44 5. State oversight agencies shall ensure that all facilities or
45 provider agencies operated, licensed, or certified by such state over-
46 sight agencies have policies and procedures in place to identify and
47 report possible crimes against a service recipient by a custodian. State
48 oversight agencies shall provide guidance to facilities or provider
49 agencies operated, licensed, or certified by such state oversight agen-
50 cies that do not already have policies and procedures for the identifi-
51 cation and reporting of possible crimes.
52 6. All state and private agencies with mandatory reporters shall
53 retrain all staff on reporting to a 9-1-1 operator and the county
54 district attorney's office and all state and private websites, training
55 manuals, informational brochures or pamphlets directing reporting shall
56 state that such instances be reported to a 9-1-1 operator and the county
A. 6830--C 4
1 district attorney's office and the vulnerable persons' central register.
2 All former poster and wallet cards and any other information directing
3 reportable incidents to only the vulnerable persons' central register
4 will be replaced and updated in a conspicuously located and timely
5 manner to direct reporting of reportable incidents, crimes, medical
6 emergencies, suspicious and unexplained injuries to include broken
7 bones, hematomas, open wounds beyond minor first aid, black eyes, swol-
8 len noses, extreme and questionable bruising, choke marks, burns, all
9 individuals served found unresponsive and all deaths to the vulnerable
10 persons' central register, a 9-1-1 operator, and the county district
11 attorney's office with the exception of non-criminal medical emergen-
12 cies, which shall only be reported to a 9-1-1 operator.
13 § 2. This act shall take effect immediately.