S T A T E   O F   N E W   Y O R K
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                                 7233--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2009
                               ___________

Introduced by M. of A. CARROZZA -- read once and referred to the Commit-
  tee  on  Higher  Education  --  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02895-03-0
              

A. 7233--A                          2

requirements  set  out  in  sections  four hundred thirteen through four
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.