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A08408 Summary:

BILL NOA08408
 
SAME ASNo Same As
 
SPONSORAbinanti
 
COSPNSR
 
MLTSPNSR
 
Add 13.44, Ment Hyg L
 
Establishes the direct support professional credential pilot program to initiate a program to continue to gain the expertise and knowledge of the developmental disabilities workforce and of the developmental disabilities workforce recruitment and retention needs throughout the field.
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A08408 Actions:

BILL NOA08408
 
10/20/2021referred to mental health
01/05/2022referred to mental health
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A08408 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8408
 
SPONSOR: Abinanti
  TITLE OF BILL: An act to amend the mental hygiene law, in relation to establishing the direct support professional credential pilot program   PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of the bill is to establish a direct support credential pilot program to promote recruitment, enhance competency, and retain direct support professionals in the developmental disabilities field.   SUMMARY OF PROVISIONS: Section 1 of the bill amends the mental hygiene law by adding a new section 13.44 to create the direct support professional credential pilot program. The bill further provides that the program will be administered by the Office for People with Developmental Disabilities (OPWDD) for a period of three years and shall assess how the establishment of a state recognized accredited credential program will: (1) promote recruitment and retention in the developmental disabilities field, notably the direct support professional position; (2) enhance competence in the developmental disabilities field; (3) yield quality supports and services to individuals with develop- mental disabilities; and (4) advance the health and safety requirements set by the state. OPWDD in administering the program shall consider among other things, best practices learning initiatives, national direct support profes- sional competencies or credentialing based standards and trainings and the role and value of skill mentors. OPWDD shall produce a report detailing the progress of the pilot program including the rate of recruitment and retention of direct support professionals participating in the pilot, the projected number of direct support professionals to be credentialed, and how quality of supports and services to individuals with developmental disabilities have been enhanced. Section 2 is the effective date.   JUSTIFICATION: A recognized direct support professional credential in New York State's developmental disabilities field will highlight the value of direct support, foster the importance of the profession and continue to acknowledge the importance of a well-trained front-line workforce. Indi- viduals who receive the training will demonstrate firsthand, skills, competency and proficiency in carrying out their responsibilities as direct support professionals. The credentialing program will recognize the competence and skills of the individual meeting the professional requirements of the program. Clarence Sundram, former Special Advisor to Governor Cuomo on Vulnerable Persons, highlighted the importance of "a strong, well trained and committed direct support staff" as one of "Four Pillars to the Safety Net" introduced in the April 2011 report "The Measure of a Society: Protection of Vulnerable Persons in Residential Facilities Against Abuse & Neglect". The first of the "Four Pillars" recognizes that the founda- tion of a strong, well trained and committed direct support staff is a "dependable, competent and caring core of direct support staff". The report recommends that "each state agency adopt a Direct Support Profes- sional credentialing program that certifies competency and professional ethical conduct". The establishment of a direct support professional credential pilot program will afford direct support professionals in the developmental disabilities sector the opportunity to obtain a credential in their field of expertise and enhance skills and competencies of individuals in this field. In addition, the pilot program will assess how the creden- tial; 1) promotes workforce recruitment efforts; 2) advances the health and safety of the developmental disabilities service delivery system; and 3) enhances retention of skilled and passionately committed individ- uals in the field.   PRIOR LEGISLATIVE HISTORY: 2015-16: A219-A referred to mental health; 2014: A9125 referred to mental health; same as S6622 (Carlucci) referred to mental health and developmental disabilities; 2013: A.7313A Passed Assembly; S.5102A Passed Senate; vetoed by Governor-Veto Message-No. 265   FISCAL IMPACT TO STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect April 1, 2023.
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A08408 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8408
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Mental Health
 
        AN  ACT to amend the mental hygiene law, in relation to establishing the
          direct support professional credential pilot program
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The mental hygiene law is amended by adding a new section
     2  13.44 to read as follows:
     3  § 13.44 Direct support professional credential pilot program.
     4    (a) The office shall initiate a program to continue to gain the exper-
     5  tise and knowledge of the developmental disabilities  workforce  and  of
     6  the developmental disabilities workforce recruitment and retention needs
     7  throughout  the  field.  The  office  shall  implement  a direct support
     8  professional credential pilot program to assist and attract  individuals
     9  into the field of direct support, advance direct support as a career and
    10  professionalize the field to promote workforce recruitment and retention
    11  efforts, advance skills and competencies, and further ensure the health,
    12  safety and well being of individuals being served.
    13    (b) There hereby is created the direct support professional credential
    14  pilot  program  within  the office to assist individuals in the field to
    15  obtain a credential in their field of expertise.
    16    (1) Such pilot program shall be administered by the office  for  three
    17  years.  The  pilot  program  shall include state-operated facilities and
    18  not-for-profit providers, licensed and certified by  the  office.    The
    19  purpose of the pilot program shall be to assess how the establishment of
    20  a  state accredited direct support professional credential: (A) promotes
    21  recruitment and retention  efforts  in  the  developmental  disabilities
    22  field,  notably  the  direct support professional position; (B) enhances
    23  competence in the developmental disabilities field; (C)  yields  quality
    24  supports  and  services  to individuals with developmental disabilities;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13190-01-1

        A. 8408                             2
 
     1  and (D) advances the health and safety requirements  set  forth  by  the
     2  state.
     3    (2)  The office in administering the pilot program shall consider, but
     4  not be limited to, the following:
     5    (A) best practices learning initiatives, including the  University  of
     6  Minnesota's  college of direct support and New York state direct support
     7  professional competencies;
     8    (B) national direct support professional competencies or credentialing
     9  based standards and trainings;
    10    (C) facilitating direct support professionals portfolio development;
    11    (D) the role and value of skill mentors; and
    12    (E) creating a career ladder.
    13    (3) Direct support professional credential means a document issued  to
    14  an individual by a recognized accrediting body attesting that such indi-
    15  vidual  has  met  the  professional  requirements  of  the credentialing
    16  program by the office.
    17    (4) The office shall produce a report detailing the  progress  of  the
    18  pilot program, including, but not limited to:
    19    (A)  the  rate of recruitment and retention for direct support profes-
    20  sionals of providers participating in the pilot program compared to  the
    21  rate for non-participating providers;
    22    (B) the number of direct support professionals credentialed; and
    23    (C)  the  enhancement  of quality supports and services to individuals
    24  with developmental disabilities.
    25    § 2. This act shall take effect April 1, 2023.
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