S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   723

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN,  ENGLEBRIGHT,  GIBSON, WEPRIN --
  Multi-Sponsored by -- M.  of  A.  AUBRY,  LUPARDO  --  read  once  and
  referred to the Committee on Higher Education

AN  ACT  to  amend the education law, in relation to health care practi-
  tioner professional education in the area of elderly abuse

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Paragraph a of subdivision 3 of section 6507 of the educa-
tion law, as amended by chapter 356 of the laws of 2006, is  amended  to
read as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
licensed clinical  social  worker,  licensed  creative  arts  therapist,
licensed  marriage  and family therapist, licensed mental health counse-
lor, licensed psychoanalyst, or dental hygienist shall, in  addition  to
all  the  other  licensure,  certification  or permit requirements, have
completed [two] THREE hours of  coursework  or  training  regarding  the
identification  and reporting of child AND ELDER abuse and maltreatment.
The coursework or training shall be  obtained  from  an  institution  or
provider  which  has  been  approved  by  the department to provide such
coursework or training. [The] TWO HOURS OF THE  coursework  or  training
shall  include information regarding the physical and behavioral indica-
tors of  child  abuse  and  maltreatment  and  the  statutory  reporting
requirements  set  out  in  sections  four hundred thirteen through four

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04261-01-3

A. 723                              2

hundred twenty of the social services law, including but not limited to,
when and how a report must be made, what other actions the  reporter  is
mandated  or  authorized  to take, the legal protections afforded repor-
ters,  and  the  consequences  for  failing to report.   ONE HOUR OF THE
COURSEWORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION
REGARDING THE PHYSICAL AND BEHAVIORAL  INDICATORS  OF  ELDER  ABUSE  AND
MALTREATMENT,  AND WHEN AND HOW A REPORT OF ELDER ABUSE AND MALTREATMENT
MAY BE MADE, WHAT OTHER ACTIONS THE REPORTER IS MANDATED  OR  AUTHORIZED
TO TAKE, THE LEGAL PROTECTIONS AFFORDED REPORTERS, AND THE CONSEQUENCES,
IF  ANY,  FOR  FAILING  TO REPORT.   FOR THE PURPOSES OF THIS PARAGRAPH,
"ELDER ABUSE AND  MALTREATMENT"  MEANS  PHYSICAL  ABUSE,  SEXUAL  ABUSE,
EMOTIONAL  ABUSE,  ACTIVE  NEGLECT,  PASSIVE NEGLECT OR SELF NEGLECT, AS
SUCH TERMS ARE DEFINED BY SUBDIVISION SIX OF SECTION FOUR HUNDRED SEVEN-
TY-THREE OF THE SOCIAL SERVICES LAW, COMMITTED AGAINST  A  PERSON  SIXTY
YEARS  OF  AGE  OR  OLDER.  Such coursework or training may also include
information regarding the physical  and  behavioral  indicators  of  the
abuse  of  individuals  with  mental retardation and other developmental
disabilities and voluntary reporting of abused or  neglected  adults  to
the  office  of mental retardation and developmental disabilities or the
local adult protective services unit. Each applicant shall  provide  the
department  with  documentation showing that he or she has completed the
required training. The department shall provide an  exemption  from  the
child  AND  ELDER  abuse  and  maltreatment training requirements to any
applicant who requests such an exemption and who shows, to  the  depart-
ment's  satisfaction,  that there would be no need because of the nature
of his or her practice for him or her to complete such training;
  S 2. This act shall take effect on the first of January of the  second
calendar  year commencing after the date on which it shall have become a
law.