senate Bill S3417

2011-2012 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to local government
Feb 18, 2011 referred to local government

Co-Sponsors

S3417 - Bill Details

Current Committee:
Senate Local Government
Law Section:
General Municipal Law
Laws Affected:
Add §209-ff, Gen Muni L; add §3054, Pub Health L
Versions Introduced in 2009-2010 Legislative Session:
A10454

S3417 - Bill Texts

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

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BILL NUMBER:S3417

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 firefighters

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 appropriate recognition and response techniques for
handling emergency situations 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
Commissioner of the Office of Mental Retardation and developmental.
Disabilities 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 developmental disabilities and hearing impairments.
Further, that the training 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
officer 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
Commissioner of the Office of Mental Retardation and developmental
Disabilities 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 Disabilities 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, emergency 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 technician 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 requirement 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
technicians) in emergency situations. In fact, an individual with a
developmental 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 unnecessary 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
disabilities will receive proper assistance. Therefore, specialized
training is necessary to ensure New York's first responders are
capable of identifying individuals with developmental disabilities
and communicating in an appropriate and effective manner in response
to the particular emergency situation. This legislation will ensure
New York's first responders receive that training by adding to
existing training and re-certification requirements.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law.

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

                                  3417

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 18, 2011
                               ___________

Introduced  by Sen. McDONALD -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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.
                                                           LBD01086-01-1

S. 3417                             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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