Assembly Bill A8408

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8408
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  The mental hygiene law is amended by adding a new section
 13.44 to read as follows:
 § 13.44 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 TO
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13190-01-1
 A. 8408                             2
              

 
 AND (D) ADVANCES THE HEALTH AND SAFETY REQUIREMENTS  SET  FORTH  BY  THE
 STATE.
   (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.
   § 2. This act shall take effect April 1, 2023.