senate Bill S6622

Establishes the direct support professional credential pilot program

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Bill Status


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

  • 19 / Feb / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Summary

Establishes the direct support professional credential pilot program to assist and attract individuals into the field of direct support, advance direct support as a career and professionalize the field to promote workforce recruitment and retention efforts, while creating a career ladder; requires the office for people with developmental disabilities to administer such pilot program for three years; makes related provisions.

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Bill Details

See Assembly Version of this Bill:
A9125
Versions:
S6622
Legislative Cycle:
2013-2014
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง13.41, Ment Hyg L
Versions Introduced in 2013-2014 Legislative Cycle:
S5102A, A7313A

Sponsor Memo

BILL NUMBER:S6622

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
establishing the direct support professional credential pilot program

PURPOSE:

The purpose of the bill is to establish a credential pilot program for
the developmental disabilities sector direct support professionals to
promote workforce recruitment and retention efforts and enhance
competency in the field.

SUMMARY OF PROVISIONS:

Section 1 of the bill creates the direct support professional
credential pilot program. The pilot, to be administered by the New
York State Office for People with Developmental Disabilities (OPWDD),
will assess how a state recognized accredited credential program will
foster a direct support workforce that demonstrates competency of
complex skills and ethical decision making which yields a healthy and
safe service delivery system.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:

The main purpose of a credentialing program is to provide recognition
for the competence and skills of the individual meeting the
professional requirements of the program. Individuals who obtain a
specific credential have received training in their field of
expertise, thereby representing their trade with high quality and
holding to a higher standard as a professional.

A recognized direct support professional credential in New York States
developmental disabilities field highlights the value of direct
support, fosters the importance of the profession and continues to
acknowledge the importance of a well trained front line workforce.
Individuals who have received the training have demonstrated,
firsthand, skills, competency and proficiency in carrying out their
responsibilities as a direct support professional.

Clarence Sundram, former Special Advisor to Governor Cuomo on
Vulnerable Persons, highlights 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 (page 49). The report recommends that "each state agency
adopt a Direct Support Professional eredentialing program that
certifies competency and professional ethical conduct" (page 71). The
report further states "The credentialing program should be reinforced
through compensation incentives and career pathways based on
achievement. Recognizing that this effort cannot be accomplished
immediately and will likely have cost implications, each state agency
should develop a plan to accomplish this objective over the next two


years working with the voluntary sector as well as the state labor
unions and the Department of Civil Service" (page 72).

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, enhance the skills and competencies of certain
individuals and assess how the credential 1) promotes workforce
recruitment efforts 2) advances the health and safety of the
developmental disabilities service deliwty system 3) enhances
retention of skilled and passionately committed individuals in the
field.

OPWDD shall produce a report detailing the prottress of the pilot
program related to the rate ofrecruitment and retention of direct
support professionals participating in the pilot, the projected number
of direct support professionals to be credentialed through the pilot,
and how quality of supports and services to individuals with
developmental disabilities have been enhanced, measurably.

LEGISLATIVE HISTORY:

S.5102 - 2013

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect one hundred and eighty days after it shall
become law.

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

                                  6622

                            I N  S E N A T E

                            February 19, 2014
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

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:

  Section 1. The mental hygiene law is amended by adding a  new  section
13.41 to read as follows:
S 13.41 DIRECT SUPPORT PROFESSIONAL CREDENTIAL PILOT PROGRAM.
  (A) THE OFFICE SHALL INITIATE A PROGRAM TO CONTINUE TO GAIN THE EXPER-
TISE  AND  KNOWLEDGE  OF THE DEVELOPMENTAL DISABILITIES WORKFORCE AND OF
THE DEVELOPMENTAL DISABILITIES WORKFORCE RECRUITMENT AND RETENTION NEEDS
THROUGHOUT THE FIELD.  THE  OFFICE  SHALL  IMPLEMENT  A  DIRECT  SUPPORT
PROFESSIONAL  CREDENTIAL PILOT PROGRAM TO ASSIST AND ATTRACT INDIVIDUALS
INTO THE FIELD OF DIRECT SUPPORT, ADVANCE DIRECT SUPPORT AS A CAREER AND
PROFESSIONALIZE THE FIELD TO PROMOTE WORKFORCE RECRUITMENT AND RETENTION
EFFORTS, ADVANCE SKILLS AND COMPETENCIES, AND FURTHER ENSURE THE HEALTH,
SAFETY AND WELL BEING OF INDIVIDUALS BEING SERVED.
  (B) THERE HEREBY IS CREATED THE DIRECT SUPPORT PROFESSIONAL CREDENTIAL
PILOT PROGRAM WITHIN THE OFFICE  TO  ASSIST  INDIVIDUALS  IN  THE  FIELD
OBTAIN A CREDENTIAL IN THEIR FIELD OF EXPERTISE.
  (1)  SUCH  PILOT PROGRAM SHALL BE ADMINISTERED BY THE OFFICE FOR THREE
YEARS. THE PILOT PROGRAM SHALL  INCLUDE  STATE-OPERATED  FACILITIES  AND
NOT-FOR-PROFIT  PROVIDERS,  LICENSED  AND  CERTIFIED BY THE OFFICE.  THE
PURPOSE OF THE PILOT PROGRAM SHALL BE TO ASSESS HOW THE ESTABLISHMENT OF
A STATE ACCREDITED DIRECT SUPPORT PROFESSIONAL CREDENTIAL: (A)  PROMOTES
RECRUITMENT  AND  RETENTION  EFFORTS  IN  THE DEVELOPMENTAL DISABILITIES
FIELD, NOTABLY THE DIRECT SUPPORT PROFESSIONAL  POSITION;  (B)  ENHANCES
COMPETENCE  IN  THE DEVELOPMENTAL DISABILITIES FIELD; (C) YIELDS QUALITY
SUPPORTS AND SERVICES TO INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES;
AND  (D)  ADVANCES  THE  HEALTH AND SAFETY REQUIREMENTS SET FORTH BY THE
STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10817-04-4

S. 6622                             2

  (2) THE OFFICE IN ADMINISTERING THE PILOT PROGRAM SHALL CONSIDER,  BUT
NOT BE LIMITED TO, THE FOLLOWING:
  (A)  BEST  PRACTICES LEARNING INITIATIVES, INCLUDING THE UNIVERSITY OF
MINNESOTA'S COLLEGE OF DIRECT SUPPORT AND NEW YORK STATE DIRECT  SUPPORT
PROFESSIONAL COMPETENCIES;
  (B) NATIONAL DIRECT SUPPORT PROFESSIONAL COMPETENCIES OR CREDENTIALING
BASED STANDARDS AND TRAININGS;
  (C) FACILITATING DIRECT SUPPORT PROFESSIONALS PORTFOLIO DEVELOPMENT;
  (D) THE ROLE AND VALUE OF SKILL MENTORS; AND
  (E) CREATING A CAREER LADDER.
  (3)  DIRECT SUPPORT PROFESSIONAL CREDENTIAL MEANS A DOCUMENT ISSUED TO
AN INDIVIDUAL BY A RECOGNIZED ACCREDITING BODY ATTESTING THAT SUCH INDI-
VIDUAL HAS  MET  THE  PROFESSIONAL  REQUIREMENTS  OF  THE  CREDENTIALING
PROGRAM BY THE OFFICE.
  (4)  THE  OFFICE  SHALL PRODUCE A REPORT DETAILING THE PROGRESS OF THE
PILOT PROGRAM, INCLUDING, BUT NOT LIMITED TO:
  (A) THE RATE OF RECRUITMENT AND RETENTION FOR DIRECT  SUPPORT  PROFES-
SIONALS  OF PROVIDERS PARTICIPATING IN THE PILOT PROGRAM COMPARED TO THE
RATE FOR NON-PARTICIPATING PROVIDERS;
  (B) THE NUMBER OF DIRECT SUPPORT PROFESSIONALS CREDENTIALED; AND
  (C) THE ENHANCEMENT OF QUALITY SUPPORTS AND  SERVICES  TO  INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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