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Assembly Bill A8972

Vetoed By Governor

2009-2010 Legislative Session

Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state

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Archive: Last Bill Status - Vetoed by Governor

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Bill Amendments

2009-A8972 - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Add §§16.30 & 31.32, Ment Hyg L

2009-A8972 - Summary

Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state; creates a hotline for reporting of suspected abuse.

2009-A8972 - Bill Text download pdf 

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

                                  8972

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2009
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Mental Health, Mental Retardation and Developmental Disa-
  bilities

AN ACT to amend the mental hygiene law, in relation to required  report-
  ing  of  suspected abuse of adults in certain residential care facili-
  ties licensed or operated by the state

  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 two new
sections 16.30 and 31.32 to read as follows:
S 16.30 ABUSE HOTLINE.
  (A) THE COMMISSIONER SHALL BE CAPABLE  OF  RECEIVING  TELEPHONE  CALLS
ALLEGING  PHYSICAL,  SEXUAL,  OR  EMOTIONAL ABUSE, OR ACTIVE, PASSIVE OR
SELF NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS  ARTICLE.
TO  EFFECTUATE  THIS PURPOSE THERE SHALL BE A SINGLE STATEWIDE TELEPHONE
NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS.
  (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL
BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER.
UPON RECEIVING SUCH ALLEGATIONS,  THE  COMMISSIONER  SHALL  ADDRESS  THE
MATTER  PURSUANT  TO SECTION 16.19 OF THIS ARTICLE. THE INABILITY OF THE
PERSON REPORTING THE ABUSE TO IDENTIFY THE ALLEGED PERPETRATOR SHALL, IN
NO CIRCUMSTANCE, CONSTITUTE THE SOLE CAUSE TO REJECT SUCH ALLEGATION  OR
FAIL TO TRANSMIT SUCH ALLEGATION FOR INVESTIGATION.
  (C)  ANY  PERSON  WHO  IN  GOOD  FAITH MAKES A REPORT PURSUANT TO THIS
SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR  CRIMINAL,  FOR
HAVING MADE SUCH A REPORT.
S 31.32 ABUSE HOTLINE.
  (A)  THE  COMMISSIONER  SHALL  BE CAPABLE OF RECEIVING TELEPHONE CALLS
ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE,  OR ACTIVE,  PASSIVE,  OR
SELF  NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS ARTICLE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14053-03-9

co-Sponsors

multi-Sponsors

2009-A8972A (ACTIVE) - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Add §§16.30 & 31.32, Ment Hyg L

2009-A8972A (ACTIVE) - Summary

Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state; creates a hotline for reporting of suspected abuse.

2009-A8972A (ACTIVE) - Sponsor Memo

2009-A8972A (ACTIVE) - Bill Text download pdf 

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

                                 8972--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 17, 2009
                               ___________

Introduced by M. of A. WEISENBERG, P. RIVERA -- Multi-Sponsored by -- M.
  of  A.  PHEFFER  --  read once and referred to the Committee on Mental
  Health, Mental Retardation and Developmental Disabilities --  reported
  and  referred  to the Committee on Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the mental hygiene law, in relation to required report-
  ing of suspected abuse of adults in certain residential  care  facili-
  ties licensed or operated by the state

  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  two  new
sections 16.30 and 31.32 to read as follows:
S 16.30 ABUSE HOTLINE.
  (A)  THE  COMMISSIONER  SHALL  BE CAPABLE OF RECEIVING TELEPHONE CALLS
ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE,  OR  ACTIVE,  PASSIVE  OR
SELF  NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS ARTICLE.
TO EFFECTUATE THIS PURPOSE THERE SHALL BE A SINGLE  STATEWIDE  TELEPHONE
NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS.
  (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL
BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER.
UPON  RECEIVING  SUCH  ALLEGATIONS,  THE  COMMISSIONER SHALL ADDRESS THE
MATTER PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION 16.19  OF
THIS ARTICLE. THE INABILITY OF THE PERSON REPORTING THE ABUSE TO IDENTI-
FY  THE  ALLEGED  PERPETRATOR  SHALL, IN NO CIRCUMSTANCE, CONSTITUTE THE
SOLE CAUSE TO REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION
FOR INVESTIGATION.
  (C) ANY PERSON WHO ACTS REASONABLY AND  IN  GOOD  FAITH  IN  MAKING  A
REPORT  PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY,
CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A REPORT.
S 31.32 ABUSE HOTLINE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14053-04-9

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