NY State Assembly Bill 2009-A10454

Assembly Bill A10454

2009-2010 Legislative Session

Relates to the training of police officers and firefighters with respect to persons with disabilities and hearing-impaired people

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2010	referred to local governments

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2009-A10454 (ACTIVE) - Details

Current Committee:: Assembly Local Governments
Law Section:: General Municipal Law
Laws Affected:: Add §209-ff, Gen Muni L; add §3054, Pub Health L
Versions Introduced in 2011-2012 Legislative Session:: A1232

2009-A10454 (ACTIVE) - Summary

Relates to the training of police officers and firefighters with respect to persons with disabilities and deaf people.

2009-A10454 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10454

TITLE OF BILL:  An act to amend the general municipal law and the public
health  law,  in  relation  to the training of police officers and fire-
fighters

PURPOSE: This bill amends the  general  municipal  law  and  the  public
health law, in relation to the training of police officers, firefighters
and  emergency responders with respect to persons with disabilities; the
training is designed to further educate first responders on  the  appro-
priate  recognition and response techniques for handling emergency situ-
ations involving persons with disabilities.

SUMMARY OF PROVISIONS:  Section 1. Amends the general municipal  law  by
adding  a new section 209-ff to require training for police officers and
firefighters with respect to persons with disabilities.

Sub-section (1)(a). Provides that the Commissioner of the New York State
Division of Criminal Justice Services in consultation with  the  Commis-
sioner of the Office of Mental Retardation and developmental.  Disabili-
ties  along  with  disability  advocacy groups shall review the training
course entitled "persons with Disabilities" under the "Basic Course"  to
make necessary modifications to include additional information on devel-
opmental disabilities and hearing impairments.  Further, that the train-
ing  course  be  administered  by  the Commission on Quality of Care and
Advocacy for Persons with Disabilities, created under article forty-five

of the mental hygiene law, as part of the in-service  training  provided
to police Officers.

Subsection  (1)(b).  Provides  that  every  local  police  officer shall
complete the above-mentioned training course and that every police offi-
cer appointed prior to the effective date of this law shall complete the
course within thirty-six months.

Subsection (2)(a). Provides that the State  Fire  Administrator  of  the
Office  of  Fire Prevention and Control in consultation with the Commis-
sioner of the Office of Mental Retardation and  developmental  Disabili-
ties along with disability advocacy groups shall adapt training programs
in accordance with (1) (a) above within sixteen months.

Subsection  (2)(b),  Provides  that  all  individuals  engaged  in  fire
suppression, fire fighting, or fire rescue shall  complete  training  as
part  of  their continuing education requirements at least every thirty-
six months.

Section 2. Amends the public health law by adding a new section 3054  in
relation to the training of emergency responders with respect to persons
with disabilities.

Subsection  (1). Provides that the Director of the New York State Health
Department Bureau of Emergency Medical Services in consultation with the
Commissioner of the Office of Mental Retardation and Developmental Disa-

bilities along with disability  advocacy  groups  shall  adapt  training
programs in accordance with (1) (a) above within eighteen months.

Subsection  (2). Requires training pursuant to 209-ff (1)(a) above prior
to certification of every advanced emergency medical  technician,  emer-
gency medical technician or first responder by the Health Department.

Subsection  (3).  Requires training that is substantially similar to the
training mandated under 209-ff (1)(a) above prior to recertification  of
every  advanced  emergency medical technician, emergency medical techni-
cian or first responder by the  Health  Department.  This  section  also
provides  that  no  advanced  emergency  medical  technician,  emergency
medical technician or first responder shall be exempt from this require-
ment for and reason, certification or test score.

Section 3. Sets forth the effective date.

JUSTIFICATION:  Individuals  with  developmental  disabilities  comprise
about  1.5%  of the entire population of the United States and they rely
on first responders (police, firefighters and emergency medical  techni-
cians)  in  emergency situations. In fact, an individual with a develop-
mental disability is approximately seven times more likely to come  into
contact  with  a  first  responder.  Without  proper  training for first
responders, the emergency needs of these individuals may not be properly
served, and an emergency situation can escalate leading to  an  unneces-
sary  fear,  injury  or  even death. Standard protocols cannot always be
used because of communication and comprehension barriers, differences in
danger perception or sensitivity to pain and physical contact.

When emergency situations arise, it is essential that  first  responders
have  the appropriate skill set so that persons with developmental disa-
bilities will receive proper assistance. Therefore, specialized training
is necessary to ensure New York's first responders are capable of  iden-
tifying individuals with developmental disabilities and communicating in
an  appropriate and effective manner in response to the particular emer-
gency situation. This legislation will ensure New York's  first  respon-
ders  receive that training by adding to existing training and re-certi-
fication requirements.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE:; This act shall take effect immediately,

2009-A10454 (ACTIVE) - Bill Text download pdf

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

                                  10454

                          I N  A S S E M B L Y

                             March 26, 2010
                               ___________

Introduced  by  M. of A. BING -- read once and referred to the Committee
  on Local Governments

AN ACT to amend the general municipal law and the public health law,  in
  relation to the training of police officers and firefighters

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 209-ff to read as follows:
  S  209-FF.  TRAINING  OF  POLICE OFFICERS AND FIREFIGHTERS. 1. (A) THE
COMMISSIONER  OF  THE  NEW  YORK  STATE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES,  IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF MENTAL
RETARDATION  AND  DEVELOPMENTAL  DISABILITIES  AND  DISABILITY  ADVOCACY
GROUPS, SHALL REVIEW THE TRAINING COURSE ENTITLED "PERSONS WITH DISABIL-
ITIES,"  PART FIVE SECTION E OF THE BASIC COURSE FOR POLICE OFFICERS AND
MODIFY IT TO INCLUDE INSTRUCTION ON OTHER DEVELOPMENTAL DISABILITIES  AS
WELL. THE TRAINING SHOULD INCLUDE INSTRUCTION ON CEREBRAL PALSY, EPILEP-
SY, EMOTIONAL DISTURBANCE, TRAUMATIC BRAIN INJURY, PERSONS WHO ARE HEAR-
ING-IMPAIRED,  AND  ANY OTHER DISABILITY DEEMED NECESSARY BY THE COMMIS-
SIONERS. THE TRAINING SHALL BE DESIGNED TO EDUCATE  POLICE  OFFICERS  ON
APPROPRIATE  RECOGNITION  AND RESPONSE TECHNIQUES FOR HANDLING EMERGENCY
SITUATIONS INVOLVING  INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES  OR
PEOPLE  WHO  ARE  HEARING-IMPAIRED.   THE CURRICULUM SHOULD ALSO INCLUDE
INSTRUCTION ON APPROPRIATE INTERVIEW AND INTERROGATION TECHNIQUES. ADDI-
TIONAL ATTENTION SHOULD BE PLACED UPON BEHAVIORS ASSOCIATED  WITH  INDI-
VIDUALS WITH AUTISM AND OTHER NEUROLOGICAL AND BEHAVIORALLY BASED DISOR-
DERS.  THE  TRAINING  COURSE  SHALL BE ADMINISTERED BY THE COMMISSION ON
QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABILITIES CREATED UNDER
ARTICLE FORTY-FIVE OF THE MENTAL HYGIENE LAW, AS PART OF THE  IN-SERVICE
TRAINING  PROVIDED  TO EACH LOCAL POLICE OFFICER IN EACH LAW ENFORCEMENT
UNIT OPERATING IN THIS STATE. THIS  REVIEW  AND  MODIFICATION  SHALL  BE
IMPLEMENTED WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
  (B)  NOTWITHSTANDING  ANY STATE OR LOCAL LAW, PRIOR TO BEING APPOINTED
TO PERMANENT STATUS AS A LOCAL POLICE OFFICER IN A LAW ENFORCEMENT UNIT,
AN INDIVIDUAL SHALL BE REQUIRED TO COMPLETE THE TRAINING COURSE ENTITLED

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

                                                           LBD11440-03-0

A. 10454                            2

"PERSONS WITH DISABILITIES." EVERY LOCAL POLICE OFFICER APPOINTED  PRIOR
TO THE EFFECTIVE DATE OF THIS SECTION SHALL, WITHIN THIRTY-SIX MONTHS OF
SUCH  EFFECTIVE  DATE,  SATISFACTORILY  COMPLETE  THE TRAINING DEVELOPED
UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
  2.  (A)  THE STATE FIRE ADMINISTRATOR OF THE OFFICE OF FIRE PREVENTION
AND CONTROL, IN CONSULTATION WITH THE  COMMISSIONER  OF  THE  OFFICE  OF
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES AND DISABILITY ADVOCA-
CY GROUPS, SHALL ADAPT THE TRAINING DEVELOPED BY THE COMMISSIONER OF THE
NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES UNDER PARAGRAPH (A)
OF  SUBDIVISION  ONE  OF  THIS SECTION TO BE UTILIZED FOR TRAINING FIRE-
FIGHTERS. THE CURRICULUM SHALL BE INCORPORATED  INTO  EXISTING  REQUIRE-
MENTS  FOR  TRAINING, RE-CERTIFICATION AND CONTINUING EDUCATION OF FIRE-
FIGHTERS, WITHIN SIXTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
  (B) NOTWITHSTANDING ANY STATE OR LOCAL LAW, ALL  FIREFIGHTERS,  VOLUN-
TEER OR PAID, PERMANENT OR NON-PERMANENT, AND ALL INDIVIDUALS ENGAGED IN
FIRE  SUPPRESSION,  FIREFIGHTING,  OR  FIRE  RESCUE SHALL BE REQUIRED TO
SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER  PARAGRAPH  (A)  OF
SUBDIVISION  ONE  OF THIS SECTION, AS PART OF EXISTING CONTINUING EDUCA-
TION REQUIREMENTS, AT LEAST ONCE EVERY THIRTY-SIX MONTHS.
  S 2. The public health law is amended by adding a new section 3054  to
read as follows:
  S  3054.  TRAINING OF EMERGENCY RESPONDERS. 1. THE DIRECTOR OF THE NEW
YORK STATE HEALTH DEPARTMENT BUREAU OF EMERGENCY  MEDICAL  SERVICES,  IN
CONSULTATION  WITH  THE COMMISSIONER OF THE OFFICE OF MENTAL RETARDATION
AND DEVELOPMENTAL DISABILITIES AND  DISABILITY  ADVOCACY  GROUPS,  SHALL
ADAPT  THE  TRAINING DEVELOPED BY THE COMMISSIONER OF THE NEW YORK STATE
DIVISION OF CRIMINAL JUSTICE  SERVICES  PURSUANT  TO  PARAGRAPH  (A)  OF
SUBDIVISION  ONE OF SECTION TWO HUNDRED NINE-FF OF THE GENERAL MUNICIPAL
LAW TO BE UTILIZED FOR TRAINING  EMERGENCY  RESPONDERS.  THE  CURRICULUM
SHALL BE INCORPORATED INTO EXISTING REQUIREMENTS FOR TRAINING, RE-CERTI-
FICATION  AND CONTINUING EDUCATION OF EMERGENCY RESPONDERS, WITHIN EIGH-
TEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
  2. PRIOR TO CERTIFICATION BY THE  NEW  YORK  STATE  HEALTH  DEPARTMENT
BUREAU  OF  EMERGENCY MEDICAL SERVICES, EVERY ADVANCED EMERGENCY MEDICAL
TECHNICIAN, EMERGENCY MEDICAL TECHNICIAN OR CERTIFIED  FIRST  RESPONDER,
AS  DEFINED  IN  SECTION  THREE  THOUSAND  ONE OF THIS CHAPTER, SHALL BE
REQUIRED TO SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER  SUBDI-
VISION ONE OF THIS SECTION.
  3.  PRIOR  TO RE-CERTIFICATION BY THE NEW YORK STATE HEALTH DEPARTMENT
BUREAU OF EMERGENCY MEDICAL SERVICES, EVERY ADVANCED  EMERGENCY  MEDICAL
TECHNICIAN,  EMERGENCY  MEDICAL TECHNICIAN OR CERTIFIED FIRST RESPONDER,
AS DEFINED IN SECTION THREE THOUSAND  ONE  OF  THIS  CHAPTER,  SHALL  BE
REQUIRED  TO SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER SUBDI-
VISION ONE OF THIS SECTION. THE TRAINING SHALL BE COMPLETED AS PART OF A
STATE APPROVED REFRESHER COURSE  OR  CONTINUING  EDUCATION  COURSE.  THE
TRAINING  SHALL  BE SUBSTANTIALLY SIMILAR, IN SUBSTANCE AND DURATION, TO
THE TRAINING MANDATED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED NINE-FF OF THE GENERAL  MUNICIPAL  LAW.  NO  ADVANCED  EMERGENCY
MEDICAL  TECHNICIAN,  EMERGENCY  MEDICAL  TECHNICIAN  OR CERTIFIED FIRST
RESPONDER, AS DEFINED IN SECTION THREE THOUSAND  ONE  OF  THIS  CHAPTER,
SHALL  BE  EXEMPT FROM THIS REQUIREMENT FOR ANY REASON, CERTIFICATION OR
TEST SCORE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Assembly Bill A10454

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Sponsored By

BING

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Felix Ortiz

Mark J.F. Schroeder

Joan Millman

David Koon

multi-Sponsors

James F. Brennan

Janele Hyer-Spencer

Margaret Markey

Nettie Mayersohn

2009-A10454 (ACTIVE) - Details

2009-A10454 (ACTIVE) - Summary

2009-A10454 (ACTIVE) - Sponsor Memo

2009-A10454 (ACTIVE) - Bill Text download pdf

Comments