S T A T E   O F   N E W   Y O R K
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                                  10704

                          I N  A S S E M B L Y

                              June 13, 2016
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Weprin) --
  read once and referred to the Committee on Social Services

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 added 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, ALL SUSPICIOUS AND UNEX-
PLAINED INJURIES TO INCLUDE BROKEN BONES, HEMATOMAS, OPEN WOUNDS  BEYOND
MINOR  FIRST  AID,  BLACK  EYES, SWOLLEN NOSES, EXTREME AND QUESTIONABLE
BRUISING, CHOKE MARKS, BURNS, ALL INDIVIDUALS SERVED FOUND  UNRESPONSIVE
AND  ALL  DEATHS  to  A  9-1-1  OPERATOR, THE COUNTY DISTRICT ATTORNEY'S
OFFICE AND the vulnerable persons' central register EXCEPT  FOR  TAUNTS,
DEROGATORY  COMMENTS OR RIDICULE WHICH IS REQUIRED TO BE REPORTED SOLELY
TO THE VULNERABLE PERSONS' CENTRAL REGISTER as  established  by  section
four  hundred  ninety-two  of  this  article  and in accordance with the
requirements set forth therein. ALL MEDICAL  EMERGENCIES  THAT  THREATEN
THE HEALTH, SAFETY OR LIFE OF INDIVIDUALS SERVED SHALL BE REPORTED IMME-
DIATELY TO A 9-1-1 OPERATOR.
  (b)  Allegations  of  reportable  incidents,  ALL SUSPICIOUS AND UNEX-
PLAINED INJURIES TO INCLUDE BROKEN BONES, HEMATOMAS, OPEN WOUNDS  BEYOND
MINOR  FIRST  AID,  BLACK  EYES, SWOLLEN NOSES, EXTREME AND QUESTIONABLE
BRUISING, CHOKE MARKS, BURNS, ALL INDIVIDUALS SERVED FOUND  UNRESPONSIVE
AND  ALL  DEATHS  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 inci-
dent 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

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

                                                           LBD11697-14-6

A. 10704                            2

cause  to  suspect  that  the  vulnerable person has been subjected to a
reportable incident, ALL SUSPICIOUS AND UNEXPLAINED INJURIES TO  INCLUDE
BROKEN BONES, HEMATOMAS, OPEN WOUNDS BEYOND MINOR FIRST AID, BLACK EYES,
SWOLLEN  NOSES,  EXTREME  AND QUESTIONABLE BRUISING, CHOKE MARKS, BURNS,
ALL INDIVIDUALS SERVED FOUND UNRESPONSIVE AND ALL DEATHS.  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 subdivision 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.]
  (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,  LOCAL POLICE AND COUNTY DISTRICT ATTORNEY if such
records are essential for  a  full  investigation  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,  LOCAL  POLICE AND COUNTY
DISTRICT ATTORNEY 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, ALL SUSPICIOUS AND UNEX-
PLAINED INJURIES TO INCLUDE BROKEN BONES, HEMATOMAS, OPEN WOUNDS  BEYOND
MINOR  FIRST  AID,  BLACK  EYES, SWOLLEN NOSES, EXTREME AND QUESTIONABLE
BRUISING, CHOKE MARKS, BURNS, ALL INDIVIDUALS SERVED FOUND  UNRESPONSIVE
AND  ALL  DEATHS  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.  MANDATED REPORTERS SHALL REPORT NON-CRIMINAL  MEDICAL  EMERGEN-
CIES THAT THREATEN THE HEALTH, SAFETY OR LIFE OF INDIVIDUALS SERVED TO A
9-1-1 OPERATOR ONLY. MANDATED REPORTERS WHO KNOWINGLY AND WILLFULLY FAIL
TO  REPORT  SUCH MEDICAL EMERGENCIES TO A 9-1-1 OPERATOR SHALL BE GUILTY
OF A CLASS E FELONY.
  (b) A mandated reporter who knowingly and willfully fails to report  a
case of suspected abuse or neglect, ALL SUSPICIOUS AND UNEXPLAINED INJU-
RIES  TO INCLUDE BROKEN BONES, HEMATOMAS, OPEN WOUNDS BEYOND MINOR FIRST
AID, BLACK EYES, SWOLLEN NOSES, EXTREME AND QUESTIONABLE BRUISING, CHOKE
MARKS, BURNS, ALL INDIVIDUALS SERVED FOUND UNRESPONSIVE AND  ALL  DEATHS
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

A. 10704                            3

neglect,  ALL  SUSPICIOUS  AND  UNEXPLAINED  INJURIES  TO INCLUDE BROKEN
BONES, HEMATOMAS, OPEN WOUNDS BEYOND MINOR FIRST AID, BLACK EYES,  SWOL-
LEN  NOSES,  EXTREME  AND QUESTIONABLE BRUISING, CHOKE MARKS, BURNS, ALL
INDIVIDUALS  SERVED  FOUND UNRESPONSIVE AND ALL DEATHS to A 9-1-1 OPERA-
TOR, THE COUNTY DISTRICT ATTORNEY'S OFFICE AND the  vulnerable  persons'
central  register  AND ANY MEDICAL EMERGENCIES THAT THREATEN THE HEALTH,
SAFETY OR LIFE OF INDIVIDUALS SERVED NOT REPORTED IMMEDIATELY TO A 9-1-1
OPERATOR 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 AND THE VULNERABLE PERSONS' CENTRAL REGISTER.
ALL FORMER POSTER AND WALLET CARDS AND ANY OTHER  INFORMATION  DIRECTING
REPORTABLE  INCIDENTS  TO  ONLY THE VULNERABLE PERSONS' CENTRAL REGISTER
WILL BE REPLACED AND UPDATED  IN  A  CONSPICUOUSLY  LOCATED  AND  TIMELY
MANNER  TO  DIRECT  REPORTING  OF  REPORTABLE INCIDENTS, CRIMES, MEDICAL
EMERGENCIES, SUSPICIOUS  AND  UNEXPLAINED  INJURIES  TO  INCLUDE  BROKEN
BONES,  HEMATOMAS, OPEN WOUNDS BEYOND MINOR FIRST AID, BLACK EYES, SWOL-
LEN NOSES, EXTREME AND QUESTIONABLE BRUISING, CHOKE  MARKS,  BURNS,  ALL
INDIVIDUALS  SERVED  FOUND UNRESPONSIVE AND ALL DEATHS TO THE VULNERABLE
PERSONS' CENTRAL REGISTER, A 9-1-1 OPERATOR,  AND  THE  COUNTY  DISTRICT
ATTORNEY'S  OFFICE  WITH  THE EXCEPTION OF NON-CRIMINAL MEDICAL EMERGEN-
CIES, WHICH SHALL ONLY BE REPORTED TO A 9-1-1 OPERATOR.
  S 2. This act shall take effect immediately.