S T A T E O F N E W Y O R K
________________________________________________________________________
889
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. PAULIN, GUNTHER, GALEF, CLARK, LIFTON, LUPARDO,
JAFFEE -- Multi-Sponsored by -- M. of A. BOYLAND, V. LOPEZ, SWEENEY --
read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing a
forensic fellowship program to provide education and training in child
abuse pediatrics
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2807-o to read as follows:
S 2807-O. CHILD ABUSE PEDIATRICS EDUCATION AND TRAINING. 1. DEFI-
NITIONS. THE FOLLOWING WORDS OR PHRASES AS USED IN THIS SECTION SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "CHILD ABUSE PEDIATRICS" SHALL MEAN THE SUBSPECIALTY IN THE FIELD
OF PEDIATRICS AS DEFINED BY THE AMERICAN BOARD OF PEDIATRICS OR THE
AMERICAN OSTEOPATHIC BOARD OF PEDIATRICS. SPECIFICALLY, THIS FIELD
INVOLVES MEDICAL SPECIALISTS WHO ASSESS, DOCUMENT, MANAGE, AND TREAT THE
MEDICAL COMPONENT OF CHILD ABUSE AND NEGLECT, INCLUDING BUT NOT LIMITED
TO (I) PHYSICAL EXAMINATION AND EVALUATION OF SUSPECTED CHILD ABUSE
VICTIMS, INCLUDING EVALUATION OF FAILURE-TO-THRIVE, NEGLECT AND MEDICAL
NEGLECT, (II) FORENSIC INTERVIEWING OF SUSPECTED VICTIMS OF CHILD ABUSE
AND NEGLECT BEYOND THE TAKING OF MEDICAL HISTORY, AND OF SUSPECTED ABUSE
PERPETRATORS, (III) COLLECTION AND MAINTENANCE OF FORENSIC EVIDENCE,
(IV) INTERPRETATION OF CLINICAL MEDICAL DATA, (V) DOCUMENTATION, INCLUD-
ING PHOTODOCUMENTATION, OF FINDINGS AND INJURIES, (VI) CONSULTATION WITH
MEDICAL PROFESSIONALS HAVING CARED FOR SUSPECTED CHILD ABUSE VICTIMS,
(VII) MEETING WITH LAW ENFORCEMENT, CHILD PROTECTION PERSONNEL, COMMUNI-
TY AGENCIES AND MULTIDISCIPLINARY TEAMS, (VIII) KNOWLEDGE OF CIVIL AND
CRIMINAL LAWS INVOLVING ABUSED AND NEGLECTED CHILDREN AND OF COURT
PROCEDURES IN CIVIL AND CRIMINAL CASES, (IX) PROVIDING EXPERT WITNESS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03206-01-3
A. 889 2
TESTIMONY IN COURT PROCEEDINGS, (X) MANAGEMENT OF SEXUALLY TRANSMITTED
DISEASES AND LONG-TERM MANAGEMENT AND NUTRITIONAL SUPPORT OF CHILDREN
WITH FAILURE-TO-THRIVE, AND (XI) ADVOCACY OF METHODS AND APPROACHES FOR
PREVENTING CHILD ABUSE AND NEGLECT, IN ACCORDANCE WITH THE GUIDELINES OF
THE AMERICAN BOARD OF PEDIATRICS.
(B) "NEW YORK STATE CHILD ABUSE PEDIATRICS EDUCATION AND TRAINING
COUNCIL" OR "COUNCIL" SHALL MEAN THE NEW YORK STATE CHILD ABUSE PEDIA-
TRICS EDUCATION AND TRAINING COUNCIL ESTABLISHED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
2. GRANTS FOR GRADUATE MEDICAL EDUCATION IN CHILD ABUSE PEDIATRICS.
(A) THE COMMISSIONER IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED FOR SUCH
PURPOSE, TO MAKE GRANTS IN SUPPORT OF CHILD ABUSE PEDIATRICS CERTIFIED
FELLOWSHIP EDUCATION PROGRAMS TO ESTABLISH OR EXPAND EDUCATION IN CHILD
ABUSE PEDIATRICS FOR GRADUATE MEDICAL EDUCATION, AND TO INCREASE THE
OPPORTUNITIES FOR TRAINEE EDUCATION IN CHILD ADVOCACY CENTERS, HOSPITALS
OR MULTIDISCIPLINARY TEAMS.
(B) GRANTS UNDER THIS SUBDIVISION FOR GRADUATE MEDICAL EDUCATION IN
CHILD ABUSE PEDIATRICS MAY BE USED FOR ADMINISTRATION, FACULTY RECRUIT-
MENT AND DEVELOPMENT, START-UP COSTS AND COSTS INCURRED IN PROVIDING
TRAINING IN CHILD ABUSE PEDIATRICS CERTIFIED FELLOWSHIP PROGRAMS,
INCLUDING, BUT NOT LIMITED TO, PERSONNEL, ADMINISTRATION AND TRAINEE
RELATED EXPENSES AND OTHER EXPENSES JUDGED REASONABLE AND NECESSARY BY
THE COMMISSIONER.
(C) GRANTS UNDER THIS SUBDIVISION SHALL BE AWARDED BY THE COMMISSIONER
THROUGH A COMPETITIVE APPLICATION PROCESS TO THE COUNCIL. THE COUNCIL
SHALL MAKE RECOMMENDATIONS FOR FUNDING TO THE COMMISSIONER. IN MAKING
AWARDS, THE COMMISSIONER SHALL CONSIDER THE EXTENT TO WHICH THE APPLI-
CANT:
(I) PLANS TO INCORPORATE CHILD ABUSE PEDIATRICS LONGITUDINALLY
THROUGHOUT THE FELLOWSHIP TRAINING PROGRAM ACCORDING TO PROFESSIONALLY
RECOGNIZED STANDARDS;
(II) FUNCTIONS IN COLLABORATION WITH CHILD ADVOCACY CENTERS, HOSPITALS
OR MULTIDISCIPLINARY TEAMS; AND
(III) MAKES COMPLEMENTARY EFFORTS TO RECRUIT OR TRAIN QUALIFIED FACUL-
TY IN CHILD ABUSE PEDIATRICS FELLOWSHIP EDUCATION.
(D) THE INTENT OF THIS SUBDIVISION IS TO AUGMENT OR INCREASE TRAINING
IN CHILD ABUSE PEDIATRICS FOLLOWING RESIDENCY. GRANT FUNDING SHALL NOT
BE USED TO OFFSET EXISTING EXPENDITURES THE INSTITUTION OR PROGRAM HAS
OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
(E) THE COMMISSIONER SHALL RECOMMEND THE APPROPRIATE LEVEL AND SOURCE
OF FUNDING FOR GRANTS FOR GRADUATE MEDICAL EDUCATION IN CHILD ABUSE
PEDIATRICS UNDER THIS SECTION AND SUBMIT A REPORT TO THE GOVERNOR AND
THE LEGISLATURE, ON OR BEFORE DECEMBER FIRST, TWO THOUSAND THIRTEEN,
CONTAINING SUCH RECOMMENDATIONS.
3. NEW YORK STATE CHILD ABUSE PEDIATRICS EDUCATION AND TRAINING COUN-
CIL. (A) THE NEW YORK STATE CHILD ABUSE PEDIATRICS EDUCATION AND TRAIN-
ING COUNCIL IS ESTABLISHED IN THE DEPARTMENT AS AN EXPERT PANEL IN CHILD
ABUSE PEDIATRICS EDUCATION AND TRAINING. ITS MEMBERS SHALL BE APPOINTED
BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION,
SHALL SEEK RECOMMENDATIONS FOR APPOINTMENTS TO SUCH COUNCIL FROM NEW
YORK STATE-BASED HEALTH CARE PROFESSIONAL, MEDICAL INSTITUTIONAL AND
MEDICAL EDUCATIONAL LEADERS. THESE RECOMMENDATIONS WILL BE MADE BY THE
CHILD ABUSE MEDICAL PROVIDERS NETWORK PROGRAM. MEMBERS OF THE COUNCIL
SHALL INCLUDE: FIVE REPRESENTATIVES OF MEDICAL SCHOOLS, SCHOOLS OF
OSTEOPATHIC MEDICINE AND HOSPITAL ORGANIZATIONS; THREE REPRESENTATIVES
A. 889 3
OF MEDICAL SPECIALTIES; TWO CHILD ADVOCATES; INDIVIDUAL REPRESENTATIVES
OF AN ORGANIZATION BROADLY REPRESENTATIVE OF PEDIATRICIANS, INTERNAL
MEDICINE, FAMILY PHYSICIANS, NEUROLOGISTS, PSYCHIATRISTS AND ORTHOPED-
ISTS; AND THE EXECUTIVE DIRECTOR OR A MEMBER OF THE CHILDREN'S JUSTICE
TASK FORCE AND OF THE NEW YORK STATE COUNCIL ON GRADUATE MEDICAL EDUCA-
TION. MEMBERS SHALL SERVE A TERM OF THREE YEARS WITH RENEWABLE TERMS.
MEMBERS SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
ALLOWED ACTUAL AND NECESSARY EXPENSES IN THE PERFORMANCE OF THEIR
DUTIES.
(B) A CHAIRPERSON AND VICE-CHAIRPERSON OF THE COUNCIL SHALL BE ELECTED
ANNUALLY BY THE COUNCIL. THE COUNCIL SHALL MEET UPON THE CALL OF THE
CHAIRPERSON, AND MAY ADOPT BYLAWS CONSISTENT WITH THIS SECTION.
(C) THE COMMISSIONER SHALL DESIGNATE SUCH EMPLOYEES AND PROVIDE OTHER
RESOURCES OF THE DEPARTMENT AS ARE REASONABLY NECESSARY TO PROVIDE
SUPPORT SERVICES TO THE COUNCIL. THE COUNCIL, ACTING BY THE CHAIR OF THE
COUNCIL, MAY EMPLOY ADDITIONAL STAFF AND CONSULTANTS AND INCUR OTHER
EXPENSES TO CARRY OUT ITS DUTIES, TO BE PAID FROM AMOUNTS WHICH MAY BE
MADE AVAILABLE TO THE COUNCIL FOR THAT PURPOSE.
(D) THE COUNCIL MAY PROVIDE INFORMATION AND GUIDANCE FOR PRACTITIONERS
ON THE LATEST CHILD ABUSE PEDIATRICS APPROACHES AND STRATEGIES.
4. REPORTS. THE COMMISSIONER, IN CONJUNCTION WITH THE COUNCIL, SHALL
PREPARE AND SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE, ON OR
BEFORE FEBRUARY FIRST, TWO THOUSAND SEVENTEEN REPORTING THE RESULTS AND
EVALUATING THE EFFECTIVENESS OF THIS SECTION.
S 2. This act shall take effect immediately.