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A02887 Summary:

A02887 Actions:

A02887 Floor Votes:

A02887 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2887--B
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 18, 2013
                                       ___________
 
        Introduced  by  M.  of  A. SCARBOROUGH, HEVESI, LUPARDO -- read once and
          referred to the Committee on Children and Families --  recommitted  to
          the  Committee  on  Children  and Families 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  amendments,  ordered  reprinted  as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the  education  law  and the social services law, in
          relation to coursework or training regarding  the  identification  and
          reporting of suspected cases of child abuse and maltreatment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Paragraph a of subdivision 3 of section 6507 of the educa-
     2  tion law, as amended by chapter 356 of the laws of 2006, is  amended  to
     3  read as follows:
     4    a. Establish standards for preprofessional and professional education,
     5  experience and licensing examinations as required to implement the arti-
     6  cle for each profession. Notwithstanding any other provision of law, the

     7  commissioner shall establish standards requiring that all persons apply-
     8  ing,  on or after January first, nineteen hundred ninety-one, initially,
     9  or for the renewal of, a license, registration or limited permit to be a
    10  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    11  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    12  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    13  licensed  marriage  and family therapist, licensed mental health counse-
    14  lor, licensed psychoanalyst, or dental hygienist shall, in  addition  to
    15  all the other licensure, certification or permit requirements, and every
    16  three years thereafter, have completed two hours of coursework or train-
    17  ing  regarding  the  identification  and  reporting  of  child abuse and
    18  maltreatment.   The coursework or training shall  be  obtained  from  an

    19  institution  or  provider  which  has been approved by the department to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02722-05-4
        A. 2887--B                          2
 
     1  provide such coursework or training. The coursework  or  training  shall
     2  include  information regarding the physical and behavioral indicators of
     3  child abuse and maltreatment and the  statutory  reporting  requirements
     4  set out in sections four hundred thirteen through four hundred twenty of
     5  the  social  services  law, including but not limited to, when and how a
     6  report must be made, what other actions  the  reporter  is  mandated  or
     7  authorized  to  take,  the legal protections afforded reporters, and the

     8  consequences for failing to report. Such coursework or training may also
     9  include information regarding the physical and behavioral indicators  of
    10  the  abuse  of  individuals with [mental retardation and other] develop-
    11  mental disabilities and  voluntary  reporting  of  abused  or  neglected
    12  adults  to the office [of mental retardation and] for people with devel-
    13  opmental disabilities or the local adult protective services unit.  Each
    14  applicant  shall  provide the department with documentation showing that
    15  he or she has completed the  required  training.  The  department  shall
    16  provide  an  exemption  from  the  child abuse and maltreatment training
    17  requirements to any applicant who requests such  an  exemption  and  who
    18  shows,  to  the  department's  satisfaction, that there would be no need

    19  because of the nature of his or her practice for him or her to  complete
    20  such training;
    21    §  2.  Paragraph  a  of subdivision 3 of section 6507 of the education
    22  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    23  as follows:
    24    a. Establish standards for preprofessional and professional education,
    25  experience and licensing examinations as required to implement the arti-
    26  cle for each profession. Notwithstanding any other provision of law, the
    27  commissioner shall establish standards requiring that all persons apply-
    28  ing,  on or after January first, nineteen hundred ninety-one, initially,
    29  or for the renewal of, a license, registration or limited permit to be a
    30  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    31  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,

    32  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    33  licensed  marriage  and family therapist, licensed mental health counse-
    34  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    35  analyst,  or  certified behavior analyst assistant shall, in addition to
    36  all the other licensure, certification or permit requirements, and every
    37  three years thereafter, have completed two hours of coursework or train-
    38  ing regarding the  identification  and  reporting  of  child  abuse  and
    39  maltreatment.    The  coursework  or  training shall be obtained from an
    40  institution or provider which has been approved  by  the  department  to
    41  provide  such  coursework  or training. The coursework or training shall
    42  include information regarding the physical and behavioral indicators  of
    43  child  abuse  and  maltreatment and the statutory reporting requirements

    44  set out in sections four hundred thirteen through four hundred twenty of
    45  the social services law, including but not limited to, when  and  how  a
    46  report  must  be  made,  what  other actions the reporter is mandated or
    47  authorized to take, the legal protections afforded  reporters,  and  the
    48  consequences for failing to report. Such coursework or training may also
    49  include  information regarding the physical and behavioral indicators of
    50  the abuse of individuals with [mental retardation  and  other]  develop-
    51  mental  disabilities  and  voluntary  reporting  of  abused or neglected
    52  adults to the office [of mental retardation and] for people with  devel-
    53  opmental  disabilities or the local adult protective services unit. Each
    54  applicant shall provide the department with documentation  showing  that

    55  he  or  she  has  completed  the required training. The department shall
    56  provide an exemption from the  child  abuse  and  maltreatment  training
        A. 2887--B                          3
 
     1  requirements  to  any  applicant  who requests such an exemption and who
     2  shows, to the department's satisfaction, that there  would  be  no  need
     3  because  of the nature of his or her practice for him or her to complete
     4  such training;
     5    § 3. Subdivision 4 of section 3003 of the education law, as amended by
     6  chapter 737 of the laws of 1992, is amended to read as follows:
     7    4.  Notwithstanding any other provision of law, the commissioner shall
     8  require that any person applying, on or after  January  first,  nineteen
     9  hundred  ninety-one,  for a superintendent's certificate shall, in addi-

    10  tion to all the other requirements, and every  three  years  thereafter,
    11  have  completed  two hours of coursework or training regarding the iden-
    12  tification and reporting of child abuse and maltreatment.   The  course-
    13  work or training shall be obtained from an institution or provider which
    14  has been approved by the department to provide such coursework or train-
    15  ing.  The coursework or training shall include information regarding the
    16  physical and behavioral indicators of child abuse and  maltreatment  and
    17  the  statutory  reporting  requirements set out in sections four hundred
    18  thirteen through four hundred twenty of the social services law, includ-
    19  ing but not limited to, when and how a report must be made,  what  other
    20  actions  the  reporter  is  mandated  or  authorized  to take, the legal
    21  protections afforded reporters, and  the  consequences  for  failing  to

    22  report.  Each  applicant shall provide the department with documentation
    23  showing that he or she has completed the required training.
    24    § 4. Subdivision 2 of section 3004 of the education law, as amended by
    25  chapter 737 of the laws of 1992, is amended to read as follows:
    26    2. Notwithstanding any other provision of law, the commissioner  shall
    27  prescribe  regulations  requiring that all persons applying, on or after
    28  January first, nineteen hundred ninety-one, for a certificate or license
    29  to be a teacher shall, in addition to all  the  other  certification  or
    30  licensure requirements, and every three years thereafter, have completed
    31  two  hours  of  coursework  or training regarding the identification and
    32  reporting of child abuse and maltreatment.  The coursework  or  training
    33  shall  be  obtained  from  an  institution  or  provider  which has been

    34  approved by the department to provide such coursework or  training.  The
    35  coursework  or training shall include information regarding the physical
    36  and behavioral indicators of child abuse and maltreatment and the statu-
    37  tory reporting requirements set out in sections  four  hundred  thirteen
    38  through  four  hundred  twenty of the social services law, including but
    39  not limited to, when and how a report must be made, what  other  actions
    40  the  reporter  is  mandated or authorized to take, the legal protections
    41  afforded reporters, and the consequences for  failing  to  report.  Each
    42  applicant  shall  provide the department with documentation showing that
    43  he or she has completed the required training.
    44    § 5. Section 413 of the social services law is amended by adding a new
    45  subdivision 1-a to read as follows:

    46    1-a. (a) Every person and official required to report child  abuse  or
    47  maltreatment,  pursuant to subdivision one of this section, shall, prior
    48  to assumption of the position which requires such reporting,  and  every
    49  three  years  thereafter,  complete  two hours of coursework or training
    50  regarding the identification and reporting of child abuse and  maltreat-
    51  ment; provided that every person and official holding such a position on
    52  or  before  the  effective  date  of  this paragraph shall complete such
    53  coursework or training within one year of the  effective  date  of  this
    54  subdivision.
    55    (b)  Except  as otherwise provided by the education law, the office of
    56  children and family services shall approve and/or establish the  course-

        A. 2887--B                          4
 
     1  work  and training required to implement the provisions of this subdivi-
     2  sion.  Such coursework and training may be developed so that it  can  be
     3  offered  through  various  means including, but not limited to, internet
     4  based courses and teleconferences.
     5    §  6. This act shall take effect one year after it shall have become a
     6  law provided, however, that section two of this act shall take effect on
     7  the same date and in the same manner as chapter 554 of the laws of  2013
     8  takes effect.