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S04751 Summary:

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S04751 Floor Votes:

S04751 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4751--B
            Cal. No. 184
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                     April 22, 2013
                                       ___________
 
        Introduced  by  Sens. LANZA, GALLIVAN, KENNEDY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Children
          and Families -- recommitted to the Committee on Children and  Families
          in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill

          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- reported favorably from said committee, ordered  to  first  and
          second report, ordered to a third reading, passed by Senate and deliv-
          ered  to  the Assembly, recalled, vote reconsidered, restored to third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
 
        AN  ACT  to  amend the social services law, in relation to expanding the
          persons responsible for reporting cases of suspected child abuse;  and
          to  amend  the  education law, in relation to coursework for reporting
          child abuse and maltreatment for persons  holding  temporary  coaching
          licenses or professional coaching certificates
 
          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 1 of section 413 of the social
     2  services law, as amended by chapter 554 of the laws of 2013, is  amended
     3  to read as follows:
     4    (a)  The  following  persons  and  officials are required to report or
     5  cause a report to be made in accordance with this title when  they  have
     6  reasonable  cause  to  suspect  that a child coming before them in their
     7  professional or official capacity is an abused or maltreated  child,  or
     8  when  they have reasonable cause to suspect that a child is an abused or
     9  maltreated child where the parent, guardian, custodian or  other  person
    10  legally  responsible  for  such child comes before them in their profes-
    11  sional or official capacity and states from  personal  knowledge  facts,
    12  conditions or circumstances which, if correct, would render the child an
    13  abused  or maltreated child: any physician; registered physician assist-

    14  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05059-11-4
        S. 4751--B                          2
 
     1  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
     2  psychologist; registered nurse; social worker; emergency medical techni-
     3  cian; licensed creative arts therapist;  licensed  marriage  and  family
     4  therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
     5  licensed behavior analyst; certified behavior analyst assistant;  hospi-
     6  tal  personnel  engaged in the admission, examination, care or treatment
     7  of persons; a Christian Science  practitioner;  school  official,  which

     8  includes  but  is not limited to school teacher, school guidance counse-
     9  lor, school psychologist, school social  worker,  school  nurse,  school
    10  administrator  or  other school personnel required to hold a teaching or
    11  administrative license or certificate;  full  or  part-time  compensated
    12  school employee required to hold a temporary coaching license or profes-
    13  sional coaching certificate; social services worker; director of a chil-
    14  dren's  overnight camp, summer day camp or traveling summer day camp, as
    15  such camps are defined in section thirteen  hundred  ninety-two  of  the
    16  public health law; day care center worker; school-age child care worker;
    17  provider  of family or group family day care; or any other child care or
    18  foster care worker; mental health professional; substance abuse  counse-

    19  lor;  alcoholism  counselor;  all  persons credentialed by the office of
    20  alcoholism and substance abuse services; peace officer; police  officer;
    21  district  attorney or assistant district attorney; investigator employed
    22  in the office of a district attorney; or other law enforcement official.
    23    § 2. Subdivision 5-a of section 488 of the  social  services  law,  as
    24  amended by chapter 8 of the laws of 2014, is amended to read as follows:
    25    5-a.  "Human  services professional" shall mean any: physician; regis-
    26  tered physician assistant; surgeon; medical examiner; coroner;  dentist;
    27  dental  hygienist;  osteopath;  optometrist;  chiropractor;  podiatrist;
    28  resident; intern; psychologist;  registered  nurse;  licensed  practical
    29  nurse;  nurse practitioner; social worker; emergency medical technician;
    30  licensed creative arts therapist; licensed marriage  and  family  thera-

    31  pist; licensed mental health counselor; licensed psychoanalyst; licensed
    32  behavior   analyst;   certified  behavior  analyst  assistant;  licensed
    33  speech/language pathologist or audiologist; licensed physical therapist;
    34  licensed occupational  therapist;  hospital  personnel  engaged  in  the
    35  admission,  examination, care or treatment of persons; Christian Science
    36  practitioner; school official, which includes  but  is  not  limited  to
    37  school  teacher,  school guidance counselor, school psychologist, school
    38  social worker,  school  nurse,  school  administrator  or  other  school
    39  personnel  required  to  hold  a  teaching  or administrative license or
    40  certificate; full or part-time compensated school employee  required  to
    41  hold  a temporary coaching license or professional coaching certificate;
    42  social services worker; any other child  care  or  foster  care  worker;

    43  mental  health  professional; person credentialed by the office of alco-
    44  holism and substance abuse  services;  peace  officer;  police  officer;
    45  district  attorney or assistant district attorney; investigator employed
    46  in the office of a district attorney; or other law enforcement official.
    47    § 3. The education law is amended by adding a new section 3036 to read
    48  as follows:
    49    § 3036. Coursework for reporting  child  abuse  and  maltreatment  for
    50  those  with coaching licenses or coaching certificates. 1. Notwithstand-
    51  ing any other provision of law, the commissioner shall  prescribe  regu-
    52  lations  requiring that all persons currently holding a temporary coach-
    53  ing license or a professional coaching certificate and persons  applying

    54  for  such  license  or  certificate  shall, in addition to all the other
    55  licensure or certification requirements, have  completed  two  hours  of
    56  coursework  or  training  regarding  the identification and reporting of
        S. 4751--B                          3
 
     1  child abuse and  maltreatment.  The  coursework  or  training  shall  be
     2  obtained  from an institution or provider which has been approved by the
     3  department to provide such coursework or  training.  The  coursework  or
     4  training shall include information regarding the physical and behavioral
     5  indicators  of  child abuse and maltreatment and the statutory reporting
     6  requirements set out in sections  four  hundred  thirteen  through  four

     7  hundred twenty of the social services law, including but not limited to,
     8  when  and  how a report must be made, what other actions the reporter is
     9  mandated or authorized to take, the legal  protections  afforded  repor-
    10  ters,  and  the consequences for failing to report. Each applicant shall
    11  provide the department with documentation showing that  he  or  she  has
    12  completed the required training.
    13    2. Persons currently holding a temporary coaching license or a profes-
    14  sional  coaching  certificate  shall  meet  the  coursework  or training
    15  requirements prescribed in subdivision one of this section no later than
    16  July first, two thousand fifteen.
    17    § 4. This act shall take effect immediately; provided,  however,  that

    18  sections  one  and  two  of  this act shall take effect on July 1, 2015;
    19  provided, further that if chapter 554 of the laws of 2013 shall not have
    20  taken effect on or before such date then section one of this  act  shall
    21  take  effect  on the same date and in the same manner as such chapter of
    22  the laws of 2013, takes effect; and provided that if chapter  8  of  the
    23  laws  of  2014  shall  not have taken effect on or before such date then
    24  section two of this act shall take effect on the same date  and  in  the
    25  same manner as such chapter of the laws of 2014, takes effect.