senate Bill S5813

Amended

Requires employees and volunteers providing services to persons with developmental disabilities to complete certain training

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / Jun / 2013
    • REFERRED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 03 / Mar / 2014
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 03 / Mar / 2014
    • PRINT NUMBER 5813A
  • 21 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Requires employees and volunteers providing services to persons with developmental disabilities to complete certain training.

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Bill Details

Versions:
S5813
S5813A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยง13.23, Ment Hyg L

Sponsor Memo

BILL NUMBER:S5813

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
standardized training curriculum requirements for employees and
volunteers providing services to persons with developmental
disabilities

PURPOSE: The purpose of this bill is to standardize safety trainings
at developmental disability facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend section 13.23 of the Mental Hygiene
Law by adding a new paragraph (h) which requires the Commissioner of
the Office for People with Developmental Disabilities to develop an
educational curriculum for all providers operated or licensed by the
agency. The educational curriculum shall include training in abuse,
neglect and maltreatment indication and prevention; laws, regulations
and procedures governing the protection of persons with disabilities
from abuse, neglect and maltreatment; identification, safety and
security procedures; fire safety; first aid; cardiopulmonary
resuscitation; cultural competence, and any other appropriate topic.

JUSTIFICATION: As reported in the New York Times the past several
years, allegations of abuse, neglect, and maltreatment in programs run
or certified by the Office of People with Developmental Disabilities
are a problem. In response to these articles, a series of statewide
public hearings were held that were aimed at carefully examining the
quality of care and safety measures in homes for individuals with
developmental disabilities. As a result or the hearings, it was
learned that many staffers may not have adequate training in
recognizing or reporting neglect or abuse. This bill will ensure that
employees of developmental disability facilities will receive adequate
training regarding patient safety.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPACT: Minimal.

EFFECTIVE DATE: This act shall take effect July 1, 2314.

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

                                  5813

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 17, 2013
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the mental hygiene  law,  in  relation  to  standardized
  training  curriculum requirements for employees and volunteers provid-
  ing services to persons with developmental disabilities

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

  Section  1.  Section  13.23  of  the  mental hygiene law is amended by
adding a new subdivision (d) to read as follows:
  (D) THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS  REQUIRING  ALL
PERSONS  WHO ARE EMPLOYED OR VOLUNTEERING AT A PROVIDER LICENSED, CERTI-
FIED OR OPERATED  BY  THE  OFFICE  TO  COMPLETE  A  TRAINING  CURRICULUM
CONSISTENT  WITH  THIS SUBDIVISION.   IN DEVELOPING SUCH CURRICULUM, THE
COMMISSIONER SHALL CONDUCT A LITERATURE REVIEW OF REPORTS,  STUDIES  AND
OTHER  TRAINING MODELS REGARDING THE TRAINING OF DIRECT CARE WORKERS FOR
PERSONS WITH DEVELOPMENTAL DISABILITIES.  SUCH CURRICULUM SHALL INCLUDE,
BUT NOT BE LIMITED TO: (1) ABUSE, NEGLECT  AND  MALTREATMENT  INDICATION
AND  PREVENTION,  (2)  LAWS,  REGULATIONS  AND  PROCEDURES GOVERNING THE
PROTECTION  OF  PERSONS  WITH  DISABILITIES  FROM  ABUSE,  NEGLECT   AND
MALTREATMENT,  (3)  IDENTIFICATION,  SAFETY AND SECURITY PROCEDURES, (4)
FIRE SAFETY, (5)  FIRST  AID,  (6)  CARDIOPULMONARY  RESUSCITATION,  (7)
CULTURAL COMPETENCE, AND (8) ANY OTHER APPROPRIATE TOPIC.
  THE  FORMAT  OF SUCH TRAINING OR PROGRAMS SHALL BE IN TRADITIONAL LIVE
CLASSROOM OR  AUDIENCE  SETTINGS;  TELECONFERENCES;  VIDEO  CONFERENCES;
SATELLITE TRANSMISSIONS; MOTION PICTURE PRESENTATIONS; INTERACTIVE VIDEO
INSTRUCTIONS;   ACTIVITIES   ELECTRONICALLY   TRANSMITTED  FROM  ANOTHER
LOCATION; ON-LINE COMPUTER COURSES;  OR  ANY  OTHER  INTERACTIVE  FORMAT
DEEMED APPROPRIATE BY THE COMMISSIONER, PROVIDED THE TRAINING OR PROGRAM
IS NOT SELF-STUDY OR CORRESPONDENCE WORK. IN NO EVENT SHALL SUCH PROGRAM
AND  TRAINING  SOLELY  CONSIST  OF  WRITTEN  MATERIALS.  THE TRAINING OR
PROGRAM MUST BE CONDUCTED IN A PHYSICAL SETTING THAT IS COMFORTABLE  AND
CONDUCIVE TO LEARNING. UPON COMPLETION OF THE TRAINING OR PROGRAM, TRAI-
NEES SHALL RECEIVE A CERTIFICATE OF COMPLETION.
  S 2. This act shall take effect July 1, 2014.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11429-03-3

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