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

                                  8578

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 28, 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 45.12 and 45.20 to read as follows:
S 45.12 ABUSE HOTLINE.
  (A) THE COMMISSION SHALL  BE  CAPABLE  OF  RECEIVING  TELEPHONE  CALLS
ALLEGING ABUSE OR MALTREATMENT OF ADULTS IN FACILITIES LICENSED PURSUANT
TO  ARTICLE  SIXTEEN  OR  THIRTY-ONE  OF THIS CHAPTER AND OF IMMEDIATELY
IDENTIFYING PRIOR REPORTS OF ABUSE OR MALTREATMENT. TO  EFFECTUATE  THIS
PURPOSE  THERE  SHALL  BE  A  SINGLE STATEWIDE TELEPHONE NUMBER THAT ALL
PERSONS, WHETHER MANDATED BY THE LAW OR NOT, MAY USE TO  MAKE  TELEPHONE
CALLS  ALLEGING  SUCH  ABUSE  OR MALTREATMENT. IN ADDITION TO THE SINGLE
STATEWIDE TELEPHONE NUMBER, THERE SHALL BE A  SPECIAL  UNLISTED  EXPRESS
TELEPHONE  NUMBER  AND  A  TELEPHONE  FACSIMILE  NUMBER  FOR USE ONLY BY
PERSONS MANDATED BY LAW TO MAKE TELEPHONE CALLS, OR  TO  TRANSMIT  TELE-
PHONE  FACSIMILE  INFORMATION  ON  A  FORM PROVIDED BY THE COMMISSIONER,
ALLEGING ABUSE OR MALTREATMENT, AND FOR USE BY ALL PERSONS SO AUTHORIZED
FOR DETERMINING THE EXISTENCE OF PRIOR REPORTS IN ORDER TO EVALUATE  THE
CONDITION   OR  CIRCUMSTANCES  OF  SUCH  PERSON.  WHEN  ANY  ALLEGATIONS
CONTAINED IN SUCH TELEPHONE CALLS COULD REASONABLY CONSTITUTE  A  REPORT
OF  ABUSE  OR MALTREATMENT, SUCH ALLEGATIONS SHALL BE IMMEDIATELY TRANS-
MITTED ORALLY OR ELECTRONICALLY TO THE COMMISSION FOR INVESTIGATION. THE
INABILITY OF THE PERSON REPORTING THE  ABUSE  TO  IDENTIFY  THE  ALLEGED
PERPETRATOR  SHALL,  IN  NO  CIRCUMSTANCE,  CONSTITUTE THE SOLE CAUSE TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14053-01-9

              

A. 8578                             2

REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION FOR  INVESTI-
GATION.
  (B)  ANY  TELEPHONE  CALL MADE BY A PERSON REQUIRED TO REPORT CASES OF
SUSPECTED ABUSE OR MALTREATMENT PURSUANT TO SECTION 45.20 OF THIS  ARTI-
CLE  CONTAINING  ALLEGATIONS,  WHICH  IF  TRUE WOULD CONSTITUTE ABUSE OR
MALTREATMENT SHALL CONSTITUTE A REPORT AND SHALL BE  IMMEDIATELY  TRANS-
MITTED ORALLY OR ELECTRONICALLY TO THE COMMISSION FOR INVESTIGATION.
  (C)  WHENEVER  A  TELEPHONE  CALL  TO  THE  STATEWIDE CENTRAL REGISTER
DESCRIBED IN THIS SECTION IS RECEIVED BY THE COMMISSION AND THE  COMMIS-
SION  BELIEVES  THAT  THE ALLEGED ACTS OR CIRCUMSTANCES AGAINST A PERSON
DESCRIBED IN THE TELEPHONE CALL MAY CONSTITUTE A CRIME OR  AN  IMMEDIATE
THREAT  TO THE PERSON'S HEALTH OR SAFETY, THE COMMISSION SHALL CONVEY BY
THE MOST EXPEDIENT MEANS AVAILABLE THE  INFORMATION  CONTAINED  IN  SUCH
TELEPHONE  CALL  TO  THE  APPROPRIATE  LAW  ENFORCEMENT AGENCY, DISTRICT
ATTORNEY OR OTHER PUBLIC OFFICIAL EMPOWERED TO PROVIDE NECESSARY AID  OR
ASSISTANCE.
S 45.20 MANDATORY  REPORTING  OF  SUSPECTED  ABUSE  OF ADULTS IN CERTAIN
          FACILITIES.
  (A) THE FOLLOWING PERSONS AND OFFICIALS  ARE  REQUIRED  TO  REPORT  OR
CAUSE  A  REPORT  TO  BE  MADE TO THE COMMISSION IN ACCORDANCE WITH THIS
SECTION WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT THAT A PERSON  COMING
BEFORE  THEM  IN  THEIR  PROFESSIONAL  OR OFFICIAL CAPACITY IS ABUSED OR
MALTREATED, OR WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT THAT A  PERSON
IS ABUSED OR MALTREATED WHERE THE RELATIVE, GUARDIAN, CUSTODIAN OR OTHER
PERSON  LEGALLY  RESPONSIBLE  FOR SUCH PERSON COMES BEFORE THEM IN THEIR
PROFESSIONAL OR OFFICIAL CAPACITY AND  STATES  FROM  PERSONAL  KNOWLEDGE
FACTS,  CONDITIONS OR CIRCUMSTANCES WHICH, IF CORRECT, WOULD RENDER SUCH
PERSON AN ABUSED OR MALTREATED  INDIVIDUAL:  ANY  PHYSICIAN;  REGISTERED
PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; CORONER; DENTIST; DENTAL
HYGIENIST;  OSTEOPATH;  OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT;
INTERN; PSYCHOLOGIST; REGISTERED NURSE; HOSPITAL  PERSONNEL  ENGAGED  IN
THE  ADMISSION,  EXAMINATION,  CARE  OR  TREATMENT OF PERSONS; CERTIFIED
EMERGENCY MEDICAL TECHNICIAN; PHYSICAL THERAPIST; SPEECH  THERAPIST;  OR
OCCUPATIONAL THERAPIST; SOCIAL SERVICES WORKER; EMPLOYEE OR VOLUNTEER IN
A  FACILITY LICENSED OR OPERATED UNDER THE PROVISIONS OF ARTICLE SIXTEEN
OR THIRTY-ONE OF THIS CHAPTER; PEACE OFFICER; POLICE  OFFICER;  DISTRICT
ATTORNEY  OR  ASSISTANT  DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED IN THE
OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL.  WHEN-
EVER SUCH PERSON IS REQUIRED TO REPORT UNDER THIS SECTION IN HIS OR  HER
CAPACITY  AS  A  MEMBER  OF  THE  STAFF  OF A MEDICAL OR OTHER PUBLIC OR
PRIVATE INSTITUTION, FACILITY OR AGENCY, HE  OR  SHE  SHALL  IMMEDIATELY
NOTIFY  THE PERSON IN CHARGE OF SUCH INSTITUTION, FACILITY OR AGENCY, OR
HIS OR HER DESIGNATED AGENT, WHO THEN ALSO SHALL BECOME  RESPONSIBLE  TO
REPORT  OR CAUSE REPORTS TO BE MADE. HOWEVER, NOTHING IN THIS SECTION OR
ARTICLE IS INTENDED TO REQUIRE MORE THAN ONE REPORT FROM ANY SUCH INSTI-
TUTION OR AGENCY.
  (B) ANY PERSON, INSTITUTION, FACILITY, AGENCY, ORGANIZATION,  PARTNER-
SHIP  OR  CORPORATION WHICH EMPLOYS PERSONS MANDATED TO REPORT SUSPECTED
INCIDENTS OF ABUSE OR MALTREATMENT PURSUANT TO SUBDIVISION (A)  OF  THIS
SECTION  SHALL  PROVIDE  ALL SUCH CURRENT AND NEW EMPLOYEES WITH WRITTEN
INFORMATION EXPLAINING THE REPORTING REQUIREMENTS AS PROVIDED IN  SUBDI-
VISION (A) OF THIS SECTION.
  (C)  REQUIRED REPORTS OF SUSPECTED ABUSE OR MALTREATMENT SHALL BE MADE
IMMEDIATELY TO THE COMMISSION BY TELEPHONE  OR  BY  TELEPHONE  FACSIMILE
MACHINE ON A FORM SUPPLIED BY THE COMMISSION, TO BE SUCCEEDED BY A WRIT-
TEN  REPORT WITHIN TWO DAYS WHICH SHALL INCLUDE: THE NAME AND AGE OF THE

A. 8578                             3

ABUSED ADULT; THE NAME AND ADDRESS OF  THE  FACILITY  WHERE  THE  ABUSED
ADULT  RESIDES  OR  IS RECEIVING CARE; THE NAMES AND ADDRESSES OF FAMILY
MEMBERS OR ANY OTHER PERSON RESPONSIBLE  FOR  THE  CARE  OF  THE  ABUSED
ADULT;  THE  NATURE AND EXTENT OF THE ABUSED ADULT'S INJURIES, INCLUDING
ANY EVIDENCE OF PRIOR INJURIES;  THE  NAME  OF  THE  PERSON  OR  PERSONS
ALLEGED  TO  BE RESPONSIBLE FOR CAUSING THE INJURIES, ABUSE OR MALTREAT-
MENT, IF KNOWN; THE NAME OF THE PERSON MAKING THE REPORT AND WHERE HE OR
SHE MAY BE REACHED; THE DATE OF THE INCIDENT; THE ACTIONS TAKEN  BY  THE
REPORTING  SOURCE,  INCLUDING  THE TAKING OF X-RAYS AND PHOTOGRAPHS; AND
ANY OTHER INFORMATION WHICH THE COMMISSION MAY, BY  REGULATION,  REQUIRE
OR  THE  PERSON MAKING THE REPORT BELIEVES MIGHT BE HELPFUL, IN FURTHER-
ANCE OF THE PURPOSES OF THIS SECTION. WRITTEN REPORTS  FROM  PERSONS  OR
OFFICIALS  REQUIRED  BY  THIS  SECTION  TO REPORT SHALL BE ADMISSIBLE IN
EVIDENCE IN ANY PROCEEDINGS RELATING TO ADULT ABUSE OR MALTREATMENT.
  (D) 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. FOR THE PURPOSE OF ANY PROCEEDING,  CIVIL  OR
CRIMINAL,  THE  GOOD FAITH OF ANY PERSON REQUIRED TO REPORT INSTANCES OF
PHYSICAL ABUSE, MISTREATMENT, OR NEGLECT SHALL BE PRESUMED.
  (E) ANY PERSON, OFFICIAL OR INSTITUTION REQUIRED BY  THIS  SECTION  TO
REPORT  A CASE OF SUSPECTED ABUSE OR MALTREATMENT WHO WILLFULLY FAILS TO
DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  S 2. Section 45.07 of the mental hygiene law is amended  by  adding  a
new subdivision (c-1) to read as follows:
  (C-1)  1.  WHERE THE COMMISSION RECEIVES SOME CREDIBLE EVIDENCE OF THE
ALLEGED ABUSE OR MALTREATMENT OF AN ADULT BY A STAFF MEMBER OF A FACILI-
TY, THE COMMISSION SHALL NOTIFY THE PARENTS OR LEGAL GUARDIANS  OF  SUCH
PATIENT.
  2.  WHERE  THE  COMMISSION  RECEIVES  A  REPORT  OF SUSPECTED ABUSE OR
MALTREATMENT OF AN ADULT IN RESIDENTIAL CARE THROUGH THE HOTLINE  ESTAB-
LISHED PURSUANT TO SECTION 45.12 OF THIS ARTICLE, FROM A MANDATED REPOR-
TER  OR  THROUGH ANY OTHER SOURCE, AND THE COMMISSION DETERMINES THAT IT
APPEARS LIKELY THAT A CRIME MAY HAVE BEEN COMMITTED AGAINST SUCH  ADULT,
REGARDLESS OF WHETHER A REPORT IS INDICATED OR UNFOUNDED, THE COMMISSION
SHALL TRANSMIT A REPORT OF THE ALLEGATIONS AND FINDINGS TO THE APPROPRI-
ATE DISTRICT ATTORNEY'S OFFICE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date are  authorized
and directed to be made and completed on or before such effective date.