S T A T E O F N E W Y O R K
________________________________________________________________________
6010
2015-2016 Regular Sessions
I N S E N A T E
June 22, 2015
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the social services law, in relation to duty to report
incidents to 9-1-1 and the county district attorney's office
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 491 of the social services law, as amended by
section 1 of part B of chapter 501 of the laws of 2012 and subdivision 4
as amended by chapter 126 of the laws of 2014, is amended to read as
follows:
S 491. Duty to report incidents. 1. (a) Mandated reporters shall
report allegations of reportable incidents to A 9-1-1 OPERATOR, THE
COUNTY DISTRICT ATTORNEY'S OFFICE AND the vulnerable persons' central
register as established by section four hundred ninety-two of this arti-
cle and in accordance with the requirements set forth therein.
(b) Allegations of reportable incidents shall be reported immediately
to A 9-1-1 OPERATOR, THE COUNTY DISTRICT ATTORNEY'S OFFICE AND the
vulnerable persons' central register upon discovery. For purposes of
this article, "discovery" occurs when the mandated reporter witnesses a
suspected reportable incident or when another person, including the
vulnerable person, comes before the mandated reporter in the mandated
reporter's professional or official capacity and provides the mandated
reporter with reasonable cause to suspect that the vulnerable person has
been subjected to a reportable incident. A report to the register shall
include the name, title and contact information of every person known to
the mandated reporter to have the same information as the mandated
reporter concerning the reportable incident. [Nothing in this subdivi-
sion shall be construed to prohibit a mandated reporter from contacting
or reporting to law enforcement or emergency services before or after
reporting to the vulnerable persons' central register.]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11697-01-5
S. 6010 2
(c) The substance or content of any psychological, psychiatric, thera-
peutic, clinical or medical reports, evaluations or like materials or
information pertaining to the treatment of a patient or client of a
mandatory reporter who reports a reportable incident of such patient or
client pursuant to this article, must be provided by such mandatory
reporter upon request of the justice center for the protection of people
with special needs if such records are essential for a full investi-
gation of such allegation, notwithstanding any applicable privilege
which would otherwise bar the disclosure of such materials and records
pursuant to article forty-five of the civil practice law and rules or
other provision of law except applicable federal law governing the
disclosure of patient and related medical records.
2. Any person or official required to report allegations of reportable
incidents pursuant to this section may take or cause to be taken color
photographs of visible trauma and the face of the vulnerable person
named in the report and upon the consent of a person authorized to
consent to medical care for the vulnerable person, shall, if medically
indicated, cause to be performed a radiological examination of the
vulnerable person. Any photographs or radiological examinations taken
shall be provided to the justice center for use only for the purposes of
an investigation of a reportable incident.
3. (a) Any human services professional required by this article to
report a case of suspected abuse or neglect to A 9-1-1 OPERATOR, THE
COUNTY DISTRICT ATTORNEY'S OFFICE AND the vulnerable persons' central
register who knowingly and willfully fails to do so shall be guilty of a
class [A misdemeanor] E FELONY.
(b) A mandated reporter who knowingly and willfully fails to report a
case of suspected abuse or neglect to A 9-1-1 OPERATOR, THE COUNTY
DISTRICT ATTORNEY'S OFFICE AND the vulnerable persons' central register
may be subject to termination, subject to any applicable collective
bargaining agreement. Any person or official required by this article to
report a case of suspected abuse or neglect to A 9-1-1 OPERATOR, THE
COUNTY DISTRICT ATTORNEY'S OFFICE AND the vulnerable persons' central
register who knowingly and willfully fails to do so shall be civilly
liable for the damages proximately caused by such failure.
4. A medical or other public or private institution, state agency,
school, facility or provider agency or its vendors or contractors shall
not take any retaliatory personnel action, as such term is defined in
paragraph (e) of subdivision one of section seven hundred forty of the
labor law, against an employee or agent or vendor or contractor because
such employee or agent or vendor or contractor believes that he or she
has reasonable cause to suspect that a vulnerable person has been
subjected to a reportable incident and that employee or agent or vendor
or contractor therefore makes a report in accordance with this section
and/or cooperated with the investigation of a reportable incident. A
court of competent jurisdiction may grant injunctive relief to any
person determined to have been subjected to such retaliation.
5. ALL STATE AND PRIVATE AGENCIES WITH MANDATORY REPORTERS SHALL
RETRAIN ALL STAFF ON REPORTING TO A 9-1-1 OPERATOR AND THE COUNTY
DISTRICT ATTORNEY'S OFFICE AND ALL STATE AND PRIVATE WEBSITES, TRAINING
MANUALS, INFORMATIONAL BROCHURES OR PAMPHLETS DIRECTING REPORTING SHALL
STATE THAT SUCH INSTANCES BE REPORTED TO A 9-1-1 OPERATOR AND THE COUNTY
DISTRICT ATTORNEY'S OFFICE. ALL FORMER POSTERS AND WALLET CARDS AND ANY
OTHER INFORMATION DIRECTING REPORTING OF CRIMES AND EMERGENCIES TO THE
JUSTICE CENTER SHALL BE REMOVED AND REPLACED BY 9-1-1 REPORTING POSTERS,
S. 6010 3
WALLET CARDS AND ALL OTHER SOURCES THAT SHALL BE LOCATED CONSPICUOUSLY
IN A TIMELY MANNER.
S 2. This act shall take effect immediately.
