Relates to the licensure of athletic trainers; adds athletic trainers to the list of persons and officials required to report cases of suspected child abuse or maltreatment.
STATE OF NEW YORK
________________________________________________________________________
5044--B
2021-2022 Regular Sessions
IN ASSEMBLY
February 10, 2021
___________
Introduced by M. of A. SOLAGES, SANTABARBARA, MONTESANO, HUNTER, GRIF-
FIN, EPSTEIN, FAHY, CLARK, GUNTHER, AUBRY, KELLES, NORRIS, DeSTEFANO,
BRABENEC -- Multi-Sponsored by -- M. of A. BRONSON, STECK -- read once
and referred to the Committee on Higher Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- recommitted to the Committee on Higher Education
in accordance with Assembly Rule 3, sec. 2 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the education law, in relation to the licensure of
athletic trainers; and to amend the social services law, in relation
to adding athletic trainers to the list of persons and officials
required to report cases of suspected child abuse or maltreatment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8351 of the education law, as amended by chapter
2 658 of the laws of 1993, is amended to read as follows:
3 § 8351. Definition of the practice of athletic training. [As used in
4 this article
5 "athletic trainer" means any person who is duly certified in accord-
6 ance with this article to perform athletic training under the super-
7 vision of a physician and limits his or her practice to secondary
8 schools, institutions of postsecondary education, professional athletic
9 organizations, or a person who, under the supervision of a physician,
10 carries out comparable functions on orthopedic athletic injuries,
11 excluding spinal cord injuries, in a health care organization. Super-
12 vision of an athletic trainer by a physician shall be continuous but
13 shall not be construed as requiring the physical presence of the super-
14 vising physician at the time and place where such services are
15 performed.] 1. Definition. The practice of the profession of athletic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04477-08-2
A. 5044--B 2
1 training is performed by licensed athletic trainers who are health care
2 providers, and is defined as:
3 (a) The prevention, recognition, examination, evaluation, assessment,
4 management, treatment and rehabilitation of athletic injuries that occur
5 in active individuals. Athletic training involves the recognition,
6 evaluation, and assistance in the management of sport-related illnesses
7 and medical conditions in active individuals, pursuant to the athletic
8 trainer's education, experience, and competencies.
9 (b) The work of athletic training is performed under the supervision
10 of a physician pursuant to a standard written protocol for athletic
11 training services. Supervision by a physician shall be continuous but
12 shall not be construed as requiring the physical presence of the super-
13 vising physician at the time and place where such services are
14 performed.
15 (c) The practice of athletic training may include use of various clin-
16 ically appropriate therapeutic modalities and techniques. Such clin-
17 ically appropriate therapeutic modalities and techniques include the use
18 of physical, chemical, and mechanical means including, use of heat,
19 cold, light, air, water, sound, electricity, massage, and therapeutic
20 exercise. Such clinically appropriate therapeutic modalities may include
21 appropriate preventative and supportive devices and/or temporary splint-
22 ing or bracing. Such clinically appropriate therapeutic modalities
23 include the evaluation and assessment to determine treatment, and to
24 assist in the planning of rehabilitation for recovery and return to
25 activity.
26 (d) The scope of work described [herein shall not be construed as
27 authorizing the reconditioning of neurologic injuries, conditions or
28 disease] in this section shall not be construed as authorizing the
29 management and treatment of acute, subacute, or chronic neurological
30 pathologies and comorbidities or neurological disease processes with the
31 exception of initial evaluation and triage of emergent neurological
32 conditions such as potential concussions, spinal cord injuries or nerve
33 injuries resulting from participation in an athletic endeavor. Once the
34 individual has been cleared by a supervising physician, after sustaining
35 such an injury, the athletic trainer shall work with the individual
36 pursuant to standard written protocol to manage, monitor and treat such
37 injuries for participation in rehabilitation for an athletic endeavor.
38 (e) Athletic training includes education and instruction to coaches,
39 athletes, active individuals, parents, medical personnel and communities
40 in the area of care and prevention of athletic injuries, sports-related
41 illnesses and medical conditions.
42 2. Boundaries of professional practice.
43 (a) Any individual whose license or authority to practice derives from
44 the provisions of this article shall be practicing beyond the boundaries
45 of professional practice, if such individual provides services not
46 authorized pursuant to the standard written protocol and such individual
47 shall be prohibited from prescribing any medication or controlled
48 substance or performing surgery, suturing, or any invasive procedures,
49 in which human tissue is cut, altered, or otherwise pierced by mechan-
50 ical or other means, including needles, except that nothing in this
51 section shall be construed to prohibit the use of an epinephrine auto-
52 injector device or glucometer pursuant to section three thousand-c of
53 the public health law.
54 (b) The standard written protocol shall include explicit provisions
55 for the resolution of any disagreement between the supervising physician
56 and the athletic trainer. To the extent the standard written protocol
A. 5044--B 3
1 does not so provide, then the supervising physician's decision shall
2 prevail.
3 § 2. Section 8352 of the education law, as amended by chapter 658 of
4 the laws of 1993, is amended to read as follows:
5 § 8352. [Definition of practice of] Definitions related to athletic
6 training. [The practice of the profession of athletic training is
7 defined as the application of principles, methods and procedures for
8 managing athletic injuries, which shall include the preconditioning,
9 conditioning and reconditioning of an individual who has suffered an
10 athletic injury through the use of appropriate preventative and support-
11 ive devices, under the supervision of a physician and recognizing
12 illness and referring to the appropriate medical professional with
13 implementation of treatment pursuant to physician's orders. Athletic
14 training includes instruction to coaches, athletes, parents, medical
15 personnel and communities in the area of care and prevention of athletic
16 injuries.
17 The scope of work described herein shall not be construed as authoriz-
18 ing the reconditioning of neurologic injuries, conditions or disease.]
19 As used in this article, the following terms shall have the following
20 meanings:
21 1. "emergent" shall mean a serious, unexpected and often dangerous
22 situation requiring immediate action.
23 2. "supervision" shall mean oversight by a physician and shall be
24 continuous but shall not be construed as requiring the physical presence
25 of the supervising physician at the time and place where such services
26 are performed, and shall further include use of standard written proto-
27 cols for athletic training services developed in consultation with the
28 supervising physician.
29 3. "sport-related illnesses and medical conditions" shall mean any
30 emergent disease, disorder, sickness or affliction that arises from or
31 is an acute manifestation of an active individual's participation in an
32 exercise, a sport, a game, or a recreational activity, or other emergent
33 condition that may require immediate intervention by an athletic train-
34 er, acting with the consent and under the direction of a physician.
35 4. "athletic endeavor" shall include training, adaptive athletics,
36 physical activity, performing arts, public protection, and emergency
37 services.
38 5. "standard written protocol" shall mean written protocols, recommen-
39 dations, or guidelines to work with active individuals who require
40 athletic training services and that: (a) are created in collaboration
41 with the licensed athletic trainer and the supervising physician and are
42 signed in agreement by the licensed athletic trainer and the supervising
43 physician; (b) are followed by a licensed athletic trainer while
44 performing athletic training with the consent of, and when not directly
45 supervised onsite, by the supervising physician; (c) are annually
46 reviewed and renewed by the supervising physician and licensed athletic
47 trainer to ensure quality care; (d) require the availability of ongoing
48 communication between the supervising physician and the licensed athlet-
49 ic trainer; and (e) include a plan for emergency situations, appropriate
50 treatment and rehabilitation for specific injuries or illnesses that
51 result from athletic endeavors, and instructions for the treatment and
52 management of spinal cord injuries.
53 6. "active individual" shall mean one who engages in activities that
54 require a high degree of physical exertion, that involve training and
55 where injury occurs during such training or athletic endeavor, including
56 athletic individuals, performing artists and individuals involved in
A. 5044--B 4
1 public protection, emergency services, or individuals involved in adap-
2 tive athletics.
3 7. "athletic injury" shall mean any injury sustained as a result of
4 participation in an exercise, a sport, a game, a recreational activity
5 or any other activity that requires a level of strength, flexibility or
6 agility that is comparable agility required for an exercise, a sport, a
7 game or a recreational activity.
8 § 3. Section 8353 of the education law, as added by chapter 798 of the
9 laws of 1992, is amended to read as follows:
10 § 8353. Use of the title "[certified] licensed athletic trainer".
11 Only a person [certified] licensed or otherwise authorized under this
12 article shall practice athletic training or use the title "athletic
13 trainer" or "[certified] licensed athletic trainer" or the abbreviation
14 "AT" or "LAT" in connection with his or her name or with any trade name
15 in the conduct of his or her profession.
16 § 4. Section 8354 of the education law, as added by chapter 798 of the
17 laws of 1992, is amended to read as follows:
18 § 8354. State committee for athletic trainers. A state committee for
19 athletic trainers shall be appointed by the board of regents, upon the
20 recommendation of the commissioner and shall assist on matters of
21 [certification] professional licensing, professional practice, and
22 professional conduct in accordance with section six thousand five
23 hundred eight of this title. The committee shall consist of [five] seven
24 members [who], five of whom are athletic trainers [certified] licensed
25 in this state, one physician who is licensed in the state of New York
26 and certified by a physician specialty certification organization
27 acceptable to the department in the specialties of orthopedic surgery,
28 primary care, family practice, sports medicine, or neurology, and one
29 public member that is a consumer of the profession. The committee shall
30 assist the state board for medicine in athletic training matters. Nomi-
31 nations and terms of office of the members of the state committee for
32 athletic trainers shall conform to the corresponding provisions relating
33 thereto for state boards under article one hundred thirty of title eight
34 of this chapter. [Notwithstanding the foregoing, the members of the
35 first committee need not be certified prior to their appointment to the
36 committee.]
37 § 5. Section 8355 of the education law, as added by chapter 798 of the
38 laws of 1992, is amended to read as follows:
39 § 8355. Requirements and procedure for professional [certification]
40 licensure. [For certification as a certified] To qualify for a license
41 as an athletic trainer under this article, an applicant shall fulfill
42 the following requirements:
43 1. Application: file an application with the department;
44 2. Education: have received an education including a bachelor's, its
45 equivalent or higher degree in accordance with the commissioner's regu-
46 lations, provided however, after December thirty-first, two thousand
47 thirty, applicants shall have received a master's degree, its equivalent
48 or higher in accordance with the commissioner's regulations;
49 3. Experience: have experience in accordance with the commissioner's
50 regulations;
51 4. Examination: pass an examination in accordance with the commission-
52 er's regulations;
53 5. Age: be at least twenty-one years of age; [and]
54 6. Fees: pay a fee for an initial [certificate] license of one hundred
55 dollars to the department; and a fee of fifty dollars for each triennial
56 registration period[.]; and
A. 5044--B 5
1 7. Character: be of good moral character as determined by the depart-
2 ment.
3 § 6. Section 8356 of the education law, as amended by chapter 658 of
4 the laws of 1993, is amended to read as follows:
5 § 8356. [Special provisions. A person shall be certified without exam-
6 ination provided that, within three years from the effective date of
7 regulations implementing the provisions of this article, the individual:
8 1. files an application and pays the appropriate fees to the depart-
9 ment; and
10 2. meets the requirements of subdivisions two and five of section
11 eight thousand three hundred fifty-five of this article and who in addi-
12 tion:
13 (a) has been actively engaged in the profession of athletic training
14 for a minimum of four years during the seven years immediately preceding
15 the effective date of this article; or
16 (b) is certified by a United States certifying body acceptable to the
17 department.] Exempt persons. 1. Nothing contained in this article shall
18 prohibit:
19 (a) the practice of athletic training that is an integral part of a
20 program of study by students enrolled in an athletic training program
21 acceptable by the department or the substantial equivalent as determined
22 by the department. Students enrolled in an athletic training program
23 determined as acceptable by the department shall be identified as
24 "athletic training students" and shall only practice athletic training
25 under the direction and supervision of an athletic trainer currently
26 licensed under this article. An athletic training student shall not hold
27 himself or herself out as a licensed athletic trainer; or
28 (b) the practice of athletic training by any person who is appropri-
29 ately authorized and in good standing to practice athletic training in
30 another state from acting as an athletic trainer without a New York
31 state license solely for the following purposes:
32 (1) clinical education, practice demonstrations or clinical research
33 that is within the practice of athletic training in connection with a
34 program of basic clinical education, graduate education, or post-gradu-
35 ate education in an approved school of athletic training, or in a clin-
36 ical facility, or a health care agency, or for the purposes of continu-
37 ing education not to exceed a duration of thirty days in any calendar
38 year, and any athletic trainer who is licensed in another state or coun-
39 try, who is visiting an athletic training program, conducting clinical
40 education or clinical research shall be under the supervision of an
41 athletic trainer licensed in the state and such practice shall be limit-
42 ed to such instruction or research; or
43 (2) assisting in the care of athletes in a discrete sanctioned athlet-
44 ic event.
45 2. Any person practicing athletic training in this state pursuant to
46 this subdivision shall be subject to personal and subject matter juris-
47 diction and the disciplinary and regulatory authority of the board of
48 regents as if he or she is a licensee and as if the exemption pursuant
49 to this subdivision is a license. Such individuals shall consent to the
50 appointment of the secretary of state or other public official accepta-
51 ble to the department, in such athletic trainers' states of licensure as
52 the athletic trainers' agents upon whom process may be served in any
53 actions or proceedings by the department against such athletic trainers.
54 Such individuals shall comply with the provisions of this article, the
55 rules of the board of regents and the regulations of the commissioner
A. 5044--B 6
1 relating to professional misconduct, disciplinary proceedings and penal-
2 ties for professional misconduct.
3 3. (a) Any athletic trainer who is licensed and in good standing in
4 another state or territory, and who has a written agreement to provide
5 athletic training services to athletes and team personnel of a United
6 States sports team recognized by the United States Olympic and Paralym-
7 pic Committees or an out-of-state secondary school, an institution of
8 postsecondary education, a professional or amateur athletic organization
9 sports team, or a performing arts troupe, may provide athletic training
10 services to such athletes and team personnel at a discrete sanctioned
11 team sporting event or performance in this state as defined by the
12 commissioner in regulations, provided such services are provided only to
13 such athletes and team personnel at the discrete sanctioned team sport-
14 ing event or performance. Any such athletic training services shall be
15 provided only five days before through three days after each discrete
16 sanctioned team sporting event or traveling performance.
17 (b) Any person practicing as an athletic trainer in this state pursu-
18 ant to this subdivision shall be subject to the personal and subject
19 matter jurisdiction and disciplinary and regulatory authority of the
20 board of regents as if he or she is a licensee and as if the exemption
21 pursuant to this subdivision is a license. Such individual shall comply
22 with applicable provisions of the rules of the board of regents, and the
23 regulations of the commissioner, relating to professional misconduct,
24 disciplinary proceedings and penalties for professional misconduct.
25 4. This article shall not be construed to prohibit qualified members
26 of other licensed or legally recognized professions from performing work
27 incidental to the practice of their profession, except that such persons
28 may not hold themselves out under the title athletic trainer or as
29 performing athletic training.
30 § 7. The education law is amended by adding two new sections 8356-a
31 and 8356-b to read as follows:
32 § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet-
33 ic trainer required under this article to register triennially with the
34 department to practice in the state shall comply with the provisions of
35 the mandatory continuing education requirements prescribed in subdivi-
36 sion two of this section except as set forth in paragraphs (b) and (c)
37 of this subdivision. Licensed athletic trainers who do not satisfy the
38 mandatory continuing education requirements shall not practice until
39 they have met such requirements, and they have been issued a registra-
40 tion certificate, except that a licensed athletic trainer may practice
41 without having met such requirements if he or she is issued a condi-
42 tional registration certificate pursuant to subdivision three of this
43 section.
44 (b) Each licensed athletic trainer shall be exempt from the mandatory
45 continuing education requirement for the triennial registration period
46 during which he or she is first licensed. In accordance with the intent
47 of this section, adjustment to the mandatory continuing education
48 requirement may be granted by the department for reasons of health
49 certified by an appropriate health care professional, for extended
50 active duty with the armed forces of the United States, or for other
51 good cause acceptable to the department which may prevent compliance.
52 (c) A licensed athletic trainer not engaged in practice, as determined
53 by the department, shall be exempt from the mandatory continuing educa-
54 tion requirement upon the filing of a statement with the department
55 declaring such status. Any licensee who returns to the practice of
56 athletic training during the triennial registration period shall notify
A. 5044--B 7
1 the department prior to reentering the profession and shall meet such
2 mandatory education requirements as shall be prescribed by regulations
3 of the commissioner.
4 2. During each triennial registration period, an applicant for regis-
5 tration as a licensed athletic trainer shall complete a minimum of
6 forty-five hours of acceptable formal continuing education, as specified
7 in subdivision four of this section. Any licensed athletic trainer whose
8 first registration date following the effective date of this section
9 occurs less than three years from such effective date, but on or after
10 January first, two thousand twenty-two, shall complete continuing educa-
11 tion hours on a prorated basis at the rate of one hour per month for the
12 period beginning January first, two thousand twenty-two and then fifteen
13 hours per year until his or her first registration date thereafter. A
14 licensee who has not satisfied the mandatory continuing education
15 requirements shall not be issued a triennial registration certificate by
16 the department and shall not practice unless and until a conditional
17 registration certificate is issued as provided for in subdivision three
18 of this section. Continuing education hours taken during one triennium
19 shall not be transferred to a subsequent triennium.
20 3. The department, in its discretion, may issue a conditional regis-
21 tration to a licensee who fails to meet the continuing education
22 requirements established in subdivision two of this section but who
23 agrees to make up any deficiencies and complete any additional education
24 which the department may require. The fee for such a conditional regis-
25 tration shall be the same as, and in addition to, the fee for the trien-
26 nial registration. The duration of such conditional registration shall
27 be determined by the department but shall not exceed one year. Any
28 licensee who is notified of the denial of registration for failure to
29 submit evidence, satisfactory to the department, of required continuing
30 education and who practices without such registration may be subject to
31 disciplinary proceedings pursuant to section sixty-five hundred ten of
32 this title.
33 4. For purposes of this section:
34 (a) "acceptable learning activities" shall include, but not be limited
35 to, formal courses of learning which contribute to professional practice
36 in athletic training and/or self-study activities; independent study;
37 formal mentoring activities; publication in professional journals; or
38 lectures, which meet the standards prescribed by regulations of the
39 commissioner; and
40 (b) "formal courses of learning" shall include, but not be limited to,
41 collegiate level credit and non-credit courses, professional development
42 programs and technical sessions offered by national, state and local
43 professional associations and any other organizations acceptable to the
44 department, and any other organized educational and technical programs
45 acceptable to the department. Formal courses shall be taken from a
46 sponsor approved by the department, based upon an application and fee,
47 pursuant to the regulations of the commissioner.
48 5. The department may, in its discretion and as needed to contribute
49 to the health and welfare of the public, require the completion of
50 continuing education credits in specific subjects to fulfill the manda-
51 tory continuing education requirement under this section.
52 6. A licensed athletic trainer shall maintain adequate documentation
53 of completion of acceptable formal continuing education and shall
54 provide such documentation at the request of the department. Failure to
55 provide such documentation upon the request of the department shall be
A. 5044--B 8
1 an act of misconduct subject to disciplinary proceedings pursuant to
2 section sixty-five hundred ten of this title.
3 7. The mandatory continuing education fee shall be payable on or
4 before the first day of each triennial registration period, and shall be
5 paid in addition to the triennial registration fee required by section
6 eighty-three hundred fifty-five of this article.
7 § 8356-b. Special provisions. Any person who is certified as an
8 athletic trainer by the department on the effective date of this section
9 shall have one year from the effective date to apply for and qualify for
10 licensure as an athletic trainer without meeting any additional require-
11 ments.
12 § 8. Section 8357 of the education law, as added by chapter 798 of the
13 laws of 1992, is amended to read as follows:
14 § 8357. Non-liability of [certified] licensed athletic trainers for
15 first aid or emergency treatment. Notwithstanding any inconsistent
16 provision of any general, special or local law, any [certified] licensed
17 athletic trainer who voluntarily and without the expectation of monetary
18 compensation renders first aid or emergency treatment at the scene of an
19 accident or other emergency, outside a hospital, doctor's office or any
20 other place having proper and necessary athletic training equipment, to
21 a person who is unconscious, ill or injured, shall not be liable for
22 damages for injuries alleged to have been sustained by such person or
23 for damages for the death of such person alleged to have occurred by
24 reason of an act or omission in the rendering of such first aid or emer-
25 gency treatment unless it is established that such injuries were or such
26 death was caused by gross negligence on the part of such athletic train-
27 er. Nothing in this section shall be deemed or construed to relieve a
28 [certified] licensed athletic trainer from liability for damages for
29 injuries or death caused by an act or omission on the part of an athlet-
30 ic trainer while rendering professional services in the normal and ordi-
31 nary course of his or her practice.
32 § 9. Section 8358 of the education law is renumbered section 8359 and
33 a new section 8358 is added to read as follows:
34 § 8358. Limited permits. The following requirements for a limited
35 permit shall apply to all professions licensed or certified pursuant to
36 this article:
37 1. The department may issue a limited permit to an applicant who meets
38 all qualifications for licensure, except the examination, in accordance
39 with regulations promulgated therefor.
40 2. Limited permits shall be for one year; the department may for
41 justifiable cause renew a limited permit, provided that no applicant
42 shall practice under any limited permit for more than a total of two
43 years.
44 3. The fee for each limited permit and for each renewal shall be
45 seventy dollars.
46 4. A limited permit holder shall practice only under the supervision
47 of a physician as determined in accordance with the commissioner's regu-
48 lations.
49 § 10. Paragraph a of subdivision 3 of section 6507 of the education
50 law, as amended by chapter 672 of the laws of 2019, is amended to read
51 as follows:
52 a. Establish standards for preprofessional and professional education,
53 experience and licensing examinations as required to implement the arti-
54 cle for each profession. Notwithstanding any other provision of law, the
55 commissioner shall establish standards requiring that all persons apply-
56 ing, on or after January first, nineteen hundred ninety-one, initially,
A. 5044--B 9
1 or for the renewal of, a license, registration or limited permit to be a
2 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
3 trist, psychiatrist, psychologist, licensed master social worker,
4 licensed clinical social worker, licensed creative arts therapist,
5 licensed marriage and family therapist, licensed mental health counse-
6 lor, licensed psychoanalyst, dental hygienist, licensed behavior
7 analyst, [or] certified behavior analyst assistant, or athletic trainer
8 shall, in addition to all the other licensure, certification or permit
9 requirements, have completed two hours of coursework or training regard-
10 ing the identification and reporting of child abuse and maltreatment.
11 The coursework or training shall be obtained from an institution or
12 provider which has been approved by the department to provide such
13 coursework or training. The coursework or training shall include infor-
14 mation regarding the physical and behavioral indicators of child abuse
15 and maltreatment and the statutory reporting requirements set out in
16 sections four hundred thirteen through four hundred twenty of the social
17 services law, including but not limited to, when and how a report must
18 be made, what other actions the reporter is mandated or authorized to
19 take, the legal protections afforded reporters, and the consequences for
20 failing to report. Such coursework or training may also include informa-
21 tion regarding the physical and behavioral indicators of the abuse of
22 individuals with mental retardation and other developmental disabilities
23 and voluntary reporting of abused or neglected adults to the office for
24 people with developmental disabilities or the local adult protective
25 services unit. Each applicant shall provide the department with documen-
26 tation showing that he or she has completed the required training. The
27 department shall provide an exemption from the child abuse and maltreat-
28 ment training requirements to any applicant who requests such an
29 exemption and who shows, to the department's satisfaction, that there
30 would be no need because of the nature of his or her practice for him or
31 her to complete such training;
32 § 11. Section 6505-b of the education law, as amended by chapter 10 of
33 the laws of 2018, is amended to read as follows:
34 § 6505-b. Course work or training in infection control practices.
35 Every dentist, registered nurse, licensed practical nurse, podiatrist,
36 optometrist, athletic trainer and dental hygienist practicing in the
37 state shall, on or before July first, nineteen hundred ninety-four and
38 every four years thereafter, complete course work or training appropri-
39 ate to the professional's practice approved by the department regarding
40 infection control, which shall include sepsis, and barrier precautions,
41 including engineering and work practice controls, in accordance with
42 regulatory standards promulgated by the department, in consultation with
43 the department of health, which shall be consistent, as far as appropri-
44 ate, with such standards adopted by the department of health pursuant to
45 section two hundred thirty-nine of the public health law to prevent the
46 transmission of HIV, HBV, HCV and infections that could lead to sepsis
47 in the course of professional practice. Each such professional shall
48 document to the department at the time of registration commencing with
49 the first registration after July first, nineteen hundred ninety-four
50 that the professional has completed course work or training in accord-
51 ance with this section, provided, however that a professional subject to
52 the provisions of paragraph (f) of subdivision one of section twenty-
53 eight hundred five-k of the public health law shall not be required to
54 so document. The department shall provide an exemption from this
55 requirement to anyone who requests such an exemption and who (i) clearly
56 demonstrates to the department's satisfaction that there would be no
A. 5044--B 10
1 need for him or her to complete such course work or training because of
2 the nature of his or her practice or (ii) that he or she has completed
3 course work or training deemed by the department to be equivalent to the
4 course work or training approved by the department pursuant to this
5 section. The department shall consult with organizations representative
6 of professions, institutions and those with expertise in infection
7 control and HIV, HBV, HCV and infections that could lead to sepsis with
8 respect to the regulatory standards promulgated pursuant to this
9 section.
10 § 12. Paragraph (a) of subdivision 1 of section 413 of the social
11 services law, as amended by section 7 of part C of chapter 57 of the
12 laws of 2018, is amended to read as follows:
13 (a) The following persons and officials are required to report or
14 cause a report to be made in accordance with this title when they have
15 reasonable cause to suspect that a child coming before them in their
16 professional or official capacity is an abused or maltreated child, or
17 when they have reasonable cause to suspect that a child is an abused or
18 maltreated child where the parent, guardian, custodian or other person
19 legally responsible for such child comes before them in their profes-
20 sional or official capacity and states from personal knowledge facts,
21 conditions or circumstances which, if correct, would render the child an
22 abused or maltreated child: any physician; registered physician assist-
23 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
24 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
25 athletic trainer; psychologist; registered nurse; social worker; emer-
26 gency medical technician; licensed creative arts therapist; licensed
27 marriage and family therapist; licensed mental health counselor;
28 licensed psychoanalyst; licensed behavior analyst; certified behavior
29 analyst assistant; hospital personnel engaged in the admission, examina-
30 tion, care or treatment of persons; a Christian Science practitioner;
31 school official, which includes but is not limited to school teacher,
32 school guidance counselor, school psychologist, school social worker,
33 school nurse, school administrator or other school personnel required to
34 hold a teaching or administrative license or certificate; full or part-
35 time compensated school employee required to hold a temporary coaching
36 license or professional coaching certificate; social services worker;
37 employee of a publicly-funded emergency shelter for families with chil-
38 dren; director of a children's overnight camp, summer day camp or trav-
39 eling summer day camp, as such camps are defined in section thirteen
40 hundred ninety-two of the public health law; day care center worker;
41 school-age child care worker; provider of family or group family day
42 care; employee or volunteer in a residential care facility for children
43 that is licensed, certified or operated by the office of children and
44 family services; or any other child care or foster care worker; mental
45 health professional; substance abuse counselor; alcoholism counselor;
46 all persons credentialed by the office of alcoholism and substance abuse
47 services; employees, who are expected to have regular and substantial
48 contact with children, of a health home or health home care management
49 agency contracting with a health home as designated by the department of
50 health and authorized under section three hundred sixty-five-l of this
51 chapter or such employees who provide home and community based services
52 under a demonstration program pursuant to section eleven hundred fifteen
53 of the federal social security act who are expected to have regular and
54 substantial contact with children; peace officer; police officer;
55 district attorney or assistant district attorney; investigator employed
56 in the office of a district attorney; or other law enforcement official.
A. 5044--B 11
1 § 13. This act shall take effect two years after it shall have become
2 a law, provided, however, that section 8356-a of the education law as
3 added by section seven of this act shall take effect five years after
4 this act shall have become a law. Effective immediately, the addition,
5 amendment and/or repeal of any rule or regulation necessary for the
6 implementation of this act on its effective date are authorized to be
7 made and completed on or before such date.