senate Bill S5102A

Vetoed By Governor
2013-2014 Legislative Session

Establishes the direct support professional credential pilot program

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Archive: Last Bill Status Via A7313 - Vetoed by Governor


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

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 18, 2013 tabled
vetoed memo.265
Dec 06, 2013 delivered to governor
Jun 20, 2013 returned to assembly
passed senate
3rd reading cal.1561
substituted for s5102a
Jun 20, 2013 substituted by a7313a
ordered to third reading cal.1561
Jun 17, 2013 print number 5102a
amend and recommit to rules
Jun 11, 2013 reported and committed to rules
May 22, 2013 reported and committed to finance
May 08, 2013 referred to mental health and developmental disabilities

Votes

view votes

Jun 20, 2013 - Rules committee Vote

S5102A
22
0
committee
22
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 11, 2013 - Finance committee Vote

S5102
33
0
committee
33
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

May 22, 2013 - Mental Health and Developmental Disabilities committee Vote

S5102
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 22, 2013

Bill Amendments

Original
A (Active)
Original
A (Active)

S5102 - Bill Details

See Assembly Version of this Bill:
A7313A
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.41, Ment Hyg L

S5102 - Bill Texts

view summary

Establishes the direct support professional credential pilot program to assist and attract individuals into the field of direct support, advance direct support as a career and professionalize the field to promote workforce recruitment and retention efforts, while creating a career ladder; requires the office for people with developmental disabilities to administer such pilot program for three years; makes related provisions.

view sponsor memo
BILL NUMBER:S5102

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
establishing the direct support professional credential pilot program

PURPOSE OF THE BILL:

The purpose of the bill is to establish a credential pilot program for
the developmental disabilities sector direct support professionals to
promote workforce recruitment and retention efforts and enhance
competency in the field.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill creates the direct support professional
credential pilot program. The pilot, to be administered by the New
York State Office for People with Developmental Disabilities (OPWDD),
will assess how a state recognized accredited credential program will
foster a direct support workforce that demonstrates competency of
complex skills and ethical decision making which yields a healthy and
safe service delivery system.

Section 2 of the bill establishes the effective date.

JUSTIFICATION:

The main purpose of a credentialing program is to provide recognition
for the competence and skills of the individual meeting the
professional requirements of the program. Individuals who obtain a
specific credential have received training in their field of
expertise, thereby representing their trade with high quality and
holding to a higher standard as a professional.

A recognized direct support professional credential in New York
State's developmental disabilities field highlights the value of
direct support, fosters the importance of the profession and continues
to acknowledge the importance of a well trained front line workforce.
Individuals who have received the training have demonstrated,
firsthand, skills, competency and proficiency in carrying out their
responsibilities as a direct support professional.

Clarence Sundram, former Special Advisor to Governor Cuomo on
Vulnerable Persons, highlights the importance of "a strong, well
trained and committed direct support staff" as one of "Four Pillars to
the Safety Net" introduced in the April 2011 report "The Measure of a
Society: Protection of Vulnerable Persons in Residential Facilities
Against Abuse & Neglect". The first of the "Four Pillars" recognizes
that the foundation of a strong, well trained and committed direct
support staff is a "dependable, competent and caring core of direct
support staff" (page 49). The report recommends that "each slate
agency adopt a Direct Support Professional credentialing program that
certifies competency and professional ethical conduct" (page 71). The
report further states "The credentialing program should be reinforced
through compensation incentives and career pathways based on
achievement. Recognizing that this effort cannot be accomplished
immediately and will likely have cost implications, each state agency
should develop a plan to accomplish this objective over the next two


years working with the voluntary sector as well as the state labor
unions and the Department of Civil Service" (page 72).

The establishment of a direct support professional credential pilot
program will afford direct support professionals in the developmental
disabilities sector the opportunity to obtain a credential in their
field of expertise, enhance the skills and competencies of certain
individuals and assess how the credential 1) promotes workforce
recruitment efforts 2) advances the health and safety of the
developmental disabilities service delivery system 3) enhances
retention of skilled and passionately committed individuals in the
field.

OPWDD shall produce a report detailing the progress of the pilot
program related to the rate of recruitment and retention of direct
support professionals participating in the pilot, the projected number
of direct support professionals to be credentialed through the pilot,
and how quality of supports and services to individuals with
developmental disabilities have been enhanced, measurably.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPACT:

To be determined.

EFFECTIVE DATE:

This act shall take effect ninety days after it shall become law.

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

                                  5102

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities

AN ACT to amend the mental hygiene law, in relation to establishing  the
  direct support professional credential pilot program

  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 a  new  section
13.41 to read as follows:
S 13.41 DIRECT SUPPORT PROFESSIONAL CREDENTIAL PILOT PROGRAM.
  (A) THE OFFICE SHALL INITIATE A PROGRAM TO CONTINUE TO GAIN THE EXPER-
TISE  AND  KNOWLEDGE  OF THE DEVELOPMENTAL DISABILITIES WORKFORCE AND OF
THE DEVELOPMENTAL DISABILITIES WORKFORCE RECRUITMENT AND RETENTION NEEDS
THROUGHOUT THE FIELD.  THE  OFFICE  SHALL  IMPLEMENT  A  DIRECT  SUPPORT
PROFESSIONAL  CREDENTIAL PILOT PROGRAM TO ASSIST AND ATTRACT INDIVIDUALS
INTO THE FIELD OF DIRECT SUPPORT, ADVANCE DIRECT SUPPORT AS A CAREER AND
PROFESSIONALIZE THE FIELD TO PROMOTE WORKFORCE RECRUITMENT AND RETENTION
EFFORTS, ADVANCE SKILLS AND COMPETENCIES, WHILE CREATING A CAREER LADDER
WITH COMMENSURATE PAY  FOR  ADVANCED  SKILLS,  AND  FURTHER  ENSURE  THE
HEALTH, SAFETY AND WELL BEING OF INDIVIDUALS BEING SERVED.
  (B) THERE HEREBY IS CREATED THE DIRECT SUPPORT PROFESSIONAL CREDENTIAL
PILOT  PROGRAM  WITHIN  THE  OFFICE  TO  ASSIST INDIVIDUALS IN THE FIELD
OBTAIN A CREDENTIAL IN THEIR FIELD OF EXPERTISE.
  (1) SUCH PILOT PROGRAM SHALL BE ADMINISTERED BY THE OFFICE  FOR  THREE
YEARS.  THE  PILOT  PROGRAM  SHALL INCLUDE STATE-OPERATED FACILITIES AND
NOT-FOR-PROFIT PROVIDERS, LICENSED AND CERTIFIED BY  THE  OFFICE.    THE
PURPOSE OF THE PILOT PROGRAM SHALL BE TO ASSESS HOW THE ESTABLISHMENT OF
A  STATE ACCREDITED DIRECT SUPPORT PROFESSIONAL CREDENTIAL: (A) PROMOTES
RECRUITMENT AND RETENTION  EFFORTS  IN  THE  DEVELOPMENTAL  DISABILITIES
FIELD,  NOTABLY  THE  DIRECT SUPPORT PROFESSIONAL POSITION; (B) ENHANCES
COMPETENCE IN THE DEVELOPMENTAL DISABILITIES FIELD; (C)  YIELDS  QUALITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10817-01-3

S. 5102                             2

SUPPORTS  AND  SERVICES  TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
AND (D) ADVANCES THE HEALTH AND SAFETY REQUIREMENTS  SET  FORTH  BY  THE
STATE.
  (2)  THE OFFICE IN ADMINISTERING THE PILOT PROGRAM SHALL CONSIDER, BUT
NOT BE LIMITED TO, THE FOLLOWING:
  (A) BEST PRACTICES LEARNING INITIATIVES, INCLUDING THE  UNIVERSITY  OF
MINNESOTA'S  COLLEGE OF DIRECT SUPPORT AND NEW YORK STATE DIRECT SUPPORT
PROFESSIONAL COMPETENCIES;
  (B) NATIONAL DIRECT SUPPORT PROFESSIONAL COMPETENCIES OR CREDENTIALING
BASED STANDARDS AND TRAININGS;
  (C) FACILITATING DIRECT SUPPORT PROFESSIONALS PORTFOLIO DEVELOPMENT;
  (D) THE ROLE AND VALUE OF SKILL MENTORS; AND
  (E) CREATING A CAREER LADDER.
  (3) DIRECT SUPPORT PROFESSIONAL CREDENTIAL MEANS A DOCUMENT ISSUED  TO
AN INDIVIDUAL BY A RECOGNIZED ACCREDITING BODY ATTESTING THAT SUCH INDI-
VIDUAL  HAS  MET  THE  PROFESSIONAL  REQUIREMENTS  OF  THE CREDENTIALING
PROGRAM BY THE OFFICE.
  (4) THE OFFICE SHALL PRODUCE A REPORT DETAILING THE  PROGRESS  OF  THE
PILOT PROGRAM, INCLUDING, BUT NOT LIMITED TO:
  (A)  THE  RATE OF RECRUITMENT AND RETENTION FOR DIRECT SUPPORT PROFES-
SIONALS OF PROVIDERS PARTICIPATING IN THE PILOT PROGRAM COMPARED TO  THE
RATE FOR NON-PARTICIPATING PROVIDERS;
  (B) THE NUMBER OF DIRECT SUPPORT PROFESSIONALS CREDENTIALED; AND
  (C)  THE  ENHANCEMENT  OF QUALITY SUPPORTS AND SERVICES TO INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

S5102A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7313A
Law Section:
Mental Hygiene Law
Laws Affected:
Add §13.41, Ment Hyg L

S5102A (ACTIVE) - Bill Texts

view summary

Establishes the direct support professional credential pilot program to assist and attract individuals into the field of direct support, advance direct support as a career and professionalize the field to promote workforce recruitment and retention efforts, while creating a career ladder; requires the office for people with developmental disabilities to administer such pilot program for three years; makes related provisions.

view sponsor memo
BILL NUMBER:S5102A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
establishing the direct support professional credential pilot program

PURPOSE OF THE BILL: The purpose of the bill is to establish a
credential pilot program for the developmental disabilities sector
direct support professionals to promote workforce recruitment and
retention efforts and enhance competency in the field.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill creates the direct support professional
credential pilot program. The pilot, to be administered by the New
York State Office for People with Developmental Disabilities (OPWDD),
will assess how a state recognized accredited credential program will
foster a direct support workforce that demonstrates competency of
complex skills and ethical decision making which yields a healthy and
safe service delivery system.

Section 2 of the bill establishes the effective date.

JUSTIFICATION: The main purpose of a credentialing program is to
provide recognition for the competence and skills of the individual
meeting the professional requirements of the program. Individuals who
obtain a specific credential have received training in their field of
expertise, thereby representing their trade with high quality and
holding to a higher standard as a professional.

A recognized direct support professional credential in New York
State's developmental disabilities field highlights the value of
direct support, fosters the importance of the profession and continues
to acknowledge the importance of a well trained front line workforce.
Individuals who have received the training have demonstrated,
firsthand, skills, competency and proficiency in carrying out their
responsibilities as a direct support professional.

Clarence Sundram, former Special Advisor to Governor Cuomo on
Vulnerable Persons, highlights the importance of "a strong, well
trained and committed direct support staff' as one of "Four Pillars to
the Safety Net" introduced in the April 2011 report "The Measure of a
Society: Protection of Vulnerable Persons in Residential Facilities
Against Abuse & Neglect". The first of the "Four Pillars" recognizes
that the foundation of a strong, well trained and committed direct
support staff is a "dependable, competent and caring core of direct
support staff' (page 49). The report recommends that "each state
agency adopt a Direct Support Professional credentialing program that
certifies competency and professional ethical conduct" (page 71). The
report further states "The credentialing program should be reinforced
through compensation incentives and career pathways based on
achievement. Recognizing that this effort cannot be accomplished
immediately and will likely have cost implications, each state agency
should develop a plan to accomplish this objective over the next two
years working with the voluntary sector as well as the state labor
unions and the Department of Civil Service" (page 72).


The establishment of a direct support professional credential pilot
program will afford direct support professionals in the developmental
disabilities sector the opportunity to obtain a credential in their
field of expertise, enhance the skills and competencies of certain
individuals and assess how the credential 1) promotes workforce
recruitment efforts 2) advances the health and safety of the
developmental disabilities service delivery system 3) enhances
retention of skilled and passionately committed individuals in the
field.

OPWDD shall produce a report detailing the progress of the pilot
program related to the rate of recruitment and retention of direct
support professionals participating in the pilot, the projected number
of direct support professionals to be credentialed through the pilot,
and how quality of supports and services to individuals with
developmental disabilities have been enhanced, measurably.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPACT: To be determined.

EFFECTIVE DATE: This act shall take effect one hundred and eighty
days after it shall become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5102--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 8, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- reported  favorably  from  said  committee  and
  committed  to the Committee on Finance -- reported favorably from said
  committee and  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the mental hygiene law, in relation to establishing the
  direct support professional credential pilot program

  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 a new section
13.41 to read as follows:
S 13.41 DIRECT SUPPORT PROFESSIONAL CREDENTIAL PILOT PROGRAM.
  (A) THE OFFICE SHALL INITIATE A PROGRAM TO CONTINUE TO GAIN THE EXPER-
TISE AND KNOWLEDGE OF THE DEVELOPMENTAL DISABILITIES  WORKFORCE  AND  OF
THE DEVELOPMENTAL DISABILITIES WORKFORCE RECRUITMENT AND RETENTION NEEDS
THROUGHOUT  THE  FIELD.  THE  OFFICE  SHALL  IMPLEMENT  A DIRECT SUPPORT
PROFESSIONAL CREDENTIAL PILOT PROGRAM TO ASSIST AND ATTRACT  INDIVIDUALS
INTO THE FIELD OF DIRECT SUPPORT, ADVANCE DIRECT SUPPORT AS A CAREER AND
PROFESSIONALIZE THE FIELD TO PROMOTE WORKFORCE RECRUITMENT AND RETENTION
EFFORTS, ADVANCE SKILLS AND COMPETENCIES, AND FURTHER ENSURE THE HEALTH,
SAFETY AND WELL BEING OF INDIVIDUALS BEING SERVED.
  (B) THERE HEREBY IS CREATED THE DIRECT SUPPORT PROFESSIONAL CREDENTIAL
PILOT  PROGRAM  WITHIN  THE  OFFICE  TO  ASSIST INDIVIDUALS IN THE FIELD
OBTAIN A CREDENTIAL IN THEIR FIELD OF EXPERTISE.
  (1) SUCH PILOT PROGRAM SHALL BE ADMINISTERED BY THE OFFICE  FOR  THREE
YEARS.  THE  PILOT  PROGRAM  SHALL INCLUDE STATE-OPERATED FACILITIES AND
NOT-FOR-PROFIT PROVIDERS, LICENSED AND CERTIFIED BY  THE  OFFICE.    THE
PURPOSE OF THE PILOT PROGRAM SHALL BE TO ASSESS HOW THE ESTABLISHMENT OF
A  STATE ACCREDITED DIRECT SUPPORT PROFESSIONAL CREDENTIAL: (A) PROMOTES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10817-02-3

S. 5102--A                          2

RECRUITMENT AND RETENTION  EFFORTS  IN  THE  DEVELOPMENTAL  DISABILITIES
FIELD,  NOTABLY  THE  DIRECT SUPPORT PROFESSIONAL POSITION; (B) ENHANCES
COMPETENCE IN THE DEVELOPMENTAL DISABILITIES FIELD; (C)  YIELDS  QUALITY
SUPPORTS  AND  SERVICES  TO INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES;
AND (D) ADVANCES THE HEALTH AND SAFETY REQUIREMENTS  SET  FORTH  BY  THE
STATE.
  (2)  THE OFFICE IN ADMINISTERING THE PILOT PROGRAM SHALL CONSIDER, BUT
NOT BE LIMITED TO, THE FOLLOWING:
  (A) BEST PRACTICES LEARNING INITIATIVES, INCLUDING THE  UNIVERSITY  OF
MINNESOTA'S  COLLEGE OF DIRECT SUPPORT AND NEW YORK STATE DIRECT SUPPORT
PROFESSIONAL COMPETENCIES;
  (B) NATIONAL DIRECT SUPPORT PROFESSIONAL COMPETENCIES OR CREDENTIALING
BASED STANDARDS AND TRAININGS;
  (C) FACILITATING DIRECT SUPPORT PROFESSIONALS PORTFOLIO DEVELOPMENT;
  (D) THE ROLE AND VALUE OF SKILL MENTORS; AND
  (E) CREATING A CAREER LADDER.
  (3) DIRECT SUPPORT PROFESSIONAL CREDENTIAL MEANS A DOCUMENT ISSUED  TO
AN INDIVIDUAL BY A RECOGNIZED ACCREDITING BODY ATTESTING THAT SUCH INDI-
VIDUAL  HAS  MET  THE  PROFESSIONAL  REQUIREMENTS  OF  THE CREDENTIALING
PROGRAM BY THE OFFICE.
  (4) THE OFFICE SHALL PRODUCE A REPORT DETAILING THE  PROGRESS  OF  THE
PILOT PROGRAM, INCLUDING, BUT NOT LIMITED TO:
  (A)  THE  RATE OF RECRUITMENT AND RETENTION FOR DIRECT SUPPORT PROFES-
SIONALS OF PROVIDERS PARTICIPATING IN THE PILOT PROGRAM COMPARED TO  THE
RATE FOR NON-PARTICIPATING PROVIDERS;
  (B) THE NUMBER OF DIRECT SUPPORT PROFESSIONALS CREDENTIALED; AND
  (C)  THE  ENHANCEMENT  OF QUALITY SUPPORTS AND SERVICES TO INDIVIDUALS
WITH DEVELOPMENTAL DISABILITIES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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