S T A T E O F N E W Y O R K
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8578
2009-2010 Regular Sessions
I N A S S E M B L Y
May 28, 2009
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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.