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

                                 1851--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher Education in accordance with  Senate
  Rule  6,  sec.  8  --  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.
                                                           LBD02895-02-0
              

S. 1851--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.