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.