Requires every general hospital, public health center, diagnostic center, treatment center or outpatient department to provide identification, assessment, and appropriate treatment or referral of persons suspected as human trafficking victims; requires notification to social services where person is under the age of 18.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8650B
SPONSOR: Paulin (MS) TITLE OF BILL:
An act to amend the public health law, in relation to identification and
assessment of human trafficking victims
PURPOSE:
To require hospitals, public health centers, diagnostic centers, treat-
ment centers and outpatient departments to establish and implement writ-
ten policies and procedures for the identification, assessment and
treatment or referral of persons suspected as human trafficking victims,
and to require specified personnel in the service units of such facili-
ties that include certain areas to complete training regarding such
policies and procedures
SUMMARY OF PROVISIONS:
Section one amends public health law by adding a new section 2805-y to
require subject facilities, defined as hospitals, public health centers,
diagnostic centers, treatment centers and outpatient departments, to
establish and implement written policies and procedures for the iden-
tification, assessment and treatment or referral of persons suspected as
human trafficking victims, and in the case of persons under eighteen
years old, the reporting of such persons as an abused or maltreated
child if required under title six of article six of the social services
law. Every subject facility shall require subject facility personnel in
all subject facility service units as such terms are defined to complete
training regarding such policies and procedures established by the
subject facility, including training in the recognition of indicators of
human trafficking and the responsibilities of such personnel in dealing
with persons suspected as human trafficking victims. Such training may
be incorporated as part of the subject facility's existing training
programs, provided that the training includes all of the requirements of
this section.
Section two provides the effective date.
JUSTIFICATION:
The facts are well known. Human trafficking is a $32 billion industry,
and is the second-largest criminal industry after drug dealing. The U.S.
Department of Justice Office of Juvenile Justice and Delinquency
Prevention estimates that as many as 300,000 children each year are at
risk of sexual exploitation, with the average age of commercial sexual
exploitation starting at age 13 or 14.
According to the Polaris Project, using data collected by the National
Human Trafficking Resource Center Hotline, between 2001 and 2012 New
York, California, Texas and Florida received the most potential reports
of human trafficking, with New York City identified as a hub for human
trafficking. "New York's large immigrant population, close proximity to
major international airports and other ports of entry, and its concen-
tration of formal and informal industries that lack close regulation all
contribute to the prevalence of human trafficking in the state." (Human
Trafficking Search, "Top 4 States for Human Trafficking," Sarah Pierce,
November 14, 2014). Young girls and boys, women and men, are victimized
in our neighborhoods, whether urban, suburban, or rural, and regardless
of socio-economic level, and are recruited through deception, by guile
and force, by traffickers on the streets and in an assortment of venues,
including local train and bus stations, schools and shopping malls.
Yet even though trafficking victims may be among us, we do not see them.
And although victims may seek medical care at clinics, hospitals and
doctor's offices, physicians may be missing the signs that a person may
be a trafficking victim. According to Dr. Douglas Chin, director of
outreach for Physicians Against the Trafficking of Humans (PATH), "there
is a huge disparity in the number of victims seeking help and the
doctors who could recognize them." According to Chin, 87% of trafficking
victims have had contact with a healthcare provider while being traf-
ficked. Nevertheless, fewer than 10% of doctors recognize trafficking
victims and fewer than 3% of ER doctors have received training in recog-
nition and action.
As awareness of trafficking grows and more physicians become trained in
recognizing indicators of trafficking, physicians believe that some of
the persons seeking medical care they encountered were likely traffick-
ing victims. In addition to risk factors related to background and
personal history that may be revealed during a visit, physical evidence
such as bruises, tattoos, brands and burns as well as psychological
signs such as extreme anxiety, PTSD symptoms, anger and belligerency may
indicate the person is a trafficking victim.
According to Chin, victims are often marked for ownership, sometimes
with ink like barcodes, dollar signs and names of male captors, or may
have signs of beating, scars and orthopedic trauma. "The worst thing we
can do is give them a pill to pop for their problem and say they don't
need to follow up. We need to find ways to bring them back to the clin-
ic." ("Most Doctors Couldn't Spot a Human Trafficking Victim If They Saw
One. Could You?" Jenna Birch, Yahoo Health, March 18, 2015.)
Individuals and organizations, including PATH, the American Medical
Women's Association and HEAL (Health, Education, Advocacy, Linkage)
Trafficking, across the healthcare community, from clinical practice,
public health, global health, and academia to government, are joining
together to call for and work toward improving the health sector
response to prevent human trafficking and promote comprehensive services
to trafficking victims. Essential to this effort is training and educa-
tion of health care professionals to recognize trafficking victims and
provide the appropriate care.
This bill will require health care facilities whose services may be
sought at some point by a trafficking victim, such as a hospital, public
health center, outpatient department or treatment center, to establish
policies and procedures to identify, treat and refer potential human
trafficking victims so that standardized and safe practices are in place
and, with appropriate training, the health professionals who are most
likely to come into contact with a potential victim will not only recog-
nize the signs that indicate the person seeking treatment may be a
potential victim but will also know what to do to provide the appropri-
ate care and referral to help the victim escape her or his life of
violence and enslavement.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately; provided however, that effective
immediately, the commissioner of health may make regulations and take
other actions necessary to implement this act on its effective date.
STATE OF NEW YORK
________________________________________________________________________
8650--B
Cal. No. 487
IN ASSEMBLY
January 7, 2016
___________
Introduced by M. of A. PAULIN, GOTTFRIED, DINOWITZ, McDONOUGH, ARROYO,
BLAKE, COLTON, COOK, CROUCH, HOOPER, LINARES, MOSLEY, OTIS, SEAWRIGHT,
SIMON, GALEF, JAFFEE, WEPRIN -- Multi-Sponsored by -- M. of A. HIKIND,
STECK -- read once and referred to the Committee on Health -- reported
and referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- passed by Assembly and delivered to the Senate, recalled from
the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the public health law, in relation to identification and
assessment of human trafficking victims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2805-y to read as follows:
3 § 2805-y. Identification and assessment of human trafficking victims.
4 1. As used in this section:
5 (a) "human trafficking victim" shall have the meaning set forth in
6 section four hundred eighty-three-aa of the social services law;
7 (b) "subject facility" shall mean a general hospital, public health
8 center, diagnostic center, treatment center or outpatient department;
9 (c) "subject facility personnel" shall mean nursing, medical, social
10 work and other clinical care personnel, and security personnel in the
11 subject facility service units; and
12 (d) "subject facility service units" shall mean the service units of
13 the subject facility that include the following areas: (i) emergency
14 services; (ii) pediatrics; (iii) obstetrics and gynecology; (iv)
15 orthopedics; (v) internal medicine; (vi) family medicine; (vii) radiolo-
16 gy; (viii) surgery; (ix) psychiatry; and (x) dental services to the
17 extent the subject facility maintains a dental clinic, center or depart-
18 ment on site of the subject facility.
19 2. Every subject facility shall provide for the identification,
20 assessment, and appropriate treatment or referral of persons suspected
21 as human trafficking victims, and in the case of persons under eighteen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11993-04-6
A. 8650--B 2
1 years old, the reporting of such persons as an abused or maltreated
2 child if required under title six of article six of the social services
3 law. The subject facility shall establish and implement written policies
4 and procedures under this section which shall apply to all subject
5 facility service units.
6 3. Every subject facility shall provide, on an ongoing basis, to all
7 subject facility personnel training regarding the policies and proce-
8 dures established under this section, including training in the recogni-
9 tion of indicators of a human trafficking victim and the responsibil-
10 ities of such personnel in dealing with persons suspected as human
11 trafficking victims. Such training may be incorporated as part of the
12 subject facility's existing training programs, provided that the train-
13 ing includes all of the requirements of this section.
14 4. The commissioner may identify organizations or providers for
15 consideration by subject facilities to provide training under this
16 section. The commissioner may, in consultation with the office of tempo-
17 rary and disability assistance and the office of children and family
18 services, make regulations under this section.
19 § 2. This act shall take effect one year after it shall have become a
20 law; provided however, that effective immediately, the commissioner of
21 health may make regulations and take other actions necessary to imple-
22 ment this act on its effective date.
