Establishes a direct support professional worker registry of persons who have successfully completed a direct support professional worker education or training program approved by the commissioner or the accrediting body of other states or federal authorities, including the military.
STATE OF NEW YORK
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4834
2025-2026 Regular Sessions
IN SENATE
February 13, 2025
___________
Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Disabilities
AN ACT to amend the mental hygiene law, in relation to establishing a
direct support professional worker registry
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13.43 of the mental hygiene law, as added by chap-
2 ter 209 of the laws of 2018, is renumbered section 13.44 and a new
3 section 13.45 is added to read as follows:
4 § 13.45 Direct support professional worker registry.
5 (a) As used in this section, the following terms shall have the
6 following meanings:
7 (1) "Provider" means an entity operating with a certificate issued by
8 the commissioner pursuant to section 16.03 of this title.
9 (2) "Direct support professional worker" or "worker" means any person
10 engaged in or applying to become engaged in providing direct support
11 professional services, as defined by the office in regulation.
12 (3) "Registry" means the direct support professional worker registry.
13 (4) "Direct support professional worker education or training program"
14 or "program" means a program that provides education or training for
15 persons to meet any requirement established by the office for direct
16 support professional worker services, which is approved by the office.
17 (5) "Self-direction program" means the self-direction program imple-
18 mented by the office pursuant to 42 CFR 441 Subpart M or any successor
19 regulation.
20 (b) The office shall develop and maintain a direct support profes-
21 sional worker registry of persons who have successfully completed a
22 direct support professional worker education or training program
23 approved by the commissioner or the accrediting body of other states or
24 federal authorities, including the military. Information in the registry
25 shall be accessible on the office's website by direct support profes-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01013-02-5
S. 4834 2
1 sional workers, persons enrolled in the self-direction program and
2 providers licensed, funded, approved and/or certified by the office,
3 subject to subdivision (h) of this section.
4 (c) Upon successful completion of a direct support professional worker
5 education or training program approved by the commissioner, such worker
6 shall be automatically enrolled in the registry; provided, however, that
7 every worker shall have the option to opt-out of enrollment in the
8 registry in a manner prescribed by the office. Provided, further, that
9 the office, in consultation with the justice center for the protection
10 of people with special needs, shall deny enrollment of any worker who
11 engaged in behavior that constituted abuse or serious neglect, as those
12 terms are defined in section 16.34 of this title, of a patient or
13 consumer in a program licensed, operated, or certified by the office. A
14 worker who is enrolled in the registry shall be notified of such enroll-
15 ment by registered or certified mail within thirty days; provided,
16 however, that the office may offer a paperless electronic notification
17 option to a worker who successfully completes an approved direct support
18 professional worker education or training program.
19 (d) No charges or fees shall be imposed on a direct support profes-
20 sional worker for any costs for registration in or removal from the
21 registry.
22 (e) The registry shall include, but not be limited to, the following
23 information concerning each person who has successfully completed a
24 direct support professional worker training program and who has enrolled
25 to be included in the registry:
26 (1) full name;
27 (2) home address, at the time of submission;
28 (3) gender;
29 (4) date of birth;
30 (5) contact information;
31 (6) the name of each state-approved education or training program
32 successfully completed, the name of the entity providing the program,
33 and the date on which such program was completed; and
34 (7) history of work in direct support professional services through
35 any provider entity, including dates of employment and name of such
36 entity providing the employment.
37 (f) The registry shall include a comprehensive list of all state-ap-
38 proved direct support professional worker education or training
39 programs. The list shall be updated at least monthly by the office. The
40 office shall promptly submit updated information whenever such informa-
41 tion changes.
42 (g) The office shall make the contact details of direct support
43 professional education or training programs approved by the office
44 available on the office's website and readily accessible by the public.
45 (h) (1) A direct support professional worker may access or obtain any
46 information in the worker's own listing in the registry.
47 (2) A provider entity may submit a request, on a form prescribed by
48 the office, to access or obtain any information in the registry relating
49 to any person a provider entity employs or is considering employing to
50 provide direct support professional services, provided, however, that a
51 provider entity shall present clear evidence of consideration of employ-
52 ment or current employment of such person in such form prescribed by the
53 office, provided, further, that the commissioner may deny such access to
54 the registry upon a determination by the commissioner that such provider
55 entity is maliciously accessing the registry.
S. 4834 3
1 (3) An individual enrolled in a self-direction program may access or
2 obtain any information in the registry relating to any person an indi-
3 vidual in self-direction employs or is considering employing to provide
4 direct support professional services.
5 (4) The office shall include security mechanisms in the registry to
6 implement the provisions of this subdivision and to maintain a record of
7 accessing or obtaining information from the registry by every provider
8 entity.
9 (i) The commissioner shall promulgate rules and regulations reasonably
10 necessary to implement the provisions of this section.
11 § 2. This act shall take effect June 1, 2026. Effective immediately,
12 the addition, amendment and/or repeal of any rule or regulation neces-
13 sary for the implementation of this act on its effective date are
14 authorized to be made and completed on or before such effective date.
