BILL NUMBER:  S6835

 TITLE OF BILL :

An act to amend the public health law, in relation to identification
and assessment of victims of human trafficking

 PURPOSE :

To require hospitals, public health centers, diagnostic centers,
treatment centers and outpatient departments to establish and
implement written policies and procedures for the identification,
assessment and treatment or referral of persons suspected as victims
of human trafficking, and to require specified personnel in the
service units of such facilities to complete training regarding such
policies and procedures

 SUMMARY OF PROVISIONS :

Section one amends public health law by adding a new section 2805-y to
require hospitals, public health centers, diagnostic centers,
treatment centers and outpatient departments to establish and
implement written policies and procedures for the identification,
assessment and treatment or referral of persons suspected as victims
of human trafficking, and in the case of persons under eighteen years
old, the reporting of such persons as an abused or maltreated child as
              

required under title six of article six of the social services law.
Such facilities are defined for purposes of this act as subject
facilities. Every subject facility shall require all current and new
nursing, medical, social work and other appropriate clinical care
personnel in all service units of such subject facility to complete
training regarding such policies and procedures established by the
facility, including training in the recognition of indicators of human
trafficking and the responsibilities of such personnel in dealing with
persons suspected as victims of human trafficking. The training shall
be obtained from an institution or provider which has been approved by
the commissioner of health to provide such training.

Section two provides the effective date.

 JUSTIFICATION :

The facts are well known. Human trafficking is a $32 billion industry,
and is the second-largest criminal industry after drug dealing. The
U.S. Department of Justice Office of Juvenile Justice and Delinquency
Prevention estimates that as many as 300,000 children each year are at
risk of sexual exploitation, with the average age of commercial sexual
exploitation starting at age 13 or 14. According to the Polaris
Project, using data collected by the National Human Trafficking
Resource Center Hotline, between 2001 and 2012 New York, California,
Texas and Florida received the most potential reports of human
trafficking, with New York City identified as a hub for human
trafficking. "New York's large immigrant population, close proximity
to major international airports and other ports of entry, and its
concentration of formal and informal industries that lack close
regulation all contribute to the prevalence of human trafficking in
the state." (Human Trafficking Search, "Top 4 States for Human
Trafficking," Sarah Pierce, November 14, 2014). Young girls and boys,
women and men, are victimized in our neighborhoods, whether urban,
suburban, or rural, and regardless of socio-economic level, and are
recruited through deception, by guile and force, by traffickers on the
streets and in an assortment of venues, including local train and bus
stations, schools and shopping malls.

Yet even though trafficking victims may be among us, we do not see
them. And although victims may seek medical care at clinics, hospitals
and doctor's offices, physicians may be missing the signs that a
person may be a trafficking victim. According to Dr. Douglas Chin,
director of outreach for Physicians Against the Trafficking of Humans
(PATH), "there is a huge disparity in the number of victims seeking
help and the doctors who could recognize them." According to Chin, 87%
of trafficking victims have had contact with a healthcare provider
while being trafficked. Nevertheless, fewer than 10% of doctors
recognize trafficking victims and fewer than 3% of ER doctors have
received training in recognition and action.

As awareness of trafficking grows and more physicians become trained
in recognizing indicators of trafficking, physicians believe that some
of the persons seeking medical care they encountered were likely
trafficking victims. In addition to risk factors related to background
and personal history that may be revealed during a visit, physical
evidence such as bruises, tattoos, brands and burns as well as
psychological signs such as extreme anxiety, PTSD symptoms, anger and
belligerency may indicate the person is a trafficking victim.
According to Chin, victims are often marked for ownership, sometimes
with ink like barcodes, dollar signs and names of male captors, or may
have signs of beating, scars and orthopedic trauma. "The worst thing
we can do is give them a pill to pop for their problem and say they
don't need to follow up. We need to find ways to bring them back to
the clinic." ("Most Doctors Couldn't Spot a Human Trafficking Victim
If They Saw One. Could You?" Jenna Birch, Yahoo Health, March 18,
2015.)

Individuals and organizations, including PATH, the American Medical
Women's Association and HEAL (Health, Education, Advocacy, Linkage)
Trafficking, across the healthcare community, from clinical practice,
public health, global health, and academia to government, are joining
together to call for and work toward improving the health sector
response to prevent human trafficking and promote comprehensive
services to trafficking victims. Essential to this effort is training
and education of health care professionals to recognize trafficking
victims and provide the appropriate care.

This bill will require health care facilities whose services may be
sought at some point by a trafficking victim, such as a hospital,
public health center, outpatient department or treatment center, to
establish policies and procedures to identify, treat and refer
potential victims of human trafficking so that standardized and safe
practices are in place and, with appropriate training, the health
professionals who are most likely to come into contact with a
potential victim will not only recognize the signs that indicate the
person seeking treatment may be a potential victim but will also know
what to do to provide the appropriate care and referral to help the
victim escape her or his life of violence and enslavement.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.

                                 BILL NUMBER:  S6835B

 TITLE OF BILL :  An act to amend the public health law, in relation
to identification and assessment of human trafficking victims

 PURPOSE :

To require hospitals, public health centers, diagnostic centers,
treat- ment centers and outpatient departments to establish and
implement writ- ten policies and procedures for the identification,
assessment and treatment or referral of persons suspected as human
trafficking victims, and to require specified personnel in the service
units of such facili- ties that include certain areas to complete
training regarding such policies and procedures

 SUMMARY OF PROVISIONS :

Section one amends public health law by adding a new section 2805-y to
require subject facilities, defined as hospitals, public health
centers, diagnostic centers, treatment centers and outpatient
departments, to establish and implement written policies and
procedures for the identification, assessment and treatment or
referral of persons suspected as human trafficking victims, and in the
case of persons under eighteen years old, the reporting of such
persons as an abused or maltreated child if required under title six
of article six of the social services law. Every subject facility
              

shall require subject facility personnel in all subject facility
service units as such terms are defined to complete training regarding
such policies and procedures established by the subject facility,
including training in the recognition of indicators of human
trafficking and the responsibilities of such personnel in dealing with
persons suspected as human trafficking victims. Such training may be
incorporated as part of the subject facility's existing training
programs, provided that the training includes all of the requirements
of this section.

Section two provides the effective date.

 JUSTIFICATION :

The facts are well known. Human trafficking is a $32 billion industry,
and is the second-largest criminal industry after drug dealing. The
U.S. Department of Justice Office of Juvenile Justice and Delinquency
Prevention estimates that as many as 300,000 children each year are at
risk of sexual exploitation, with the average age of commercial sexual
exploitation starting at age 13 or 14.

According to the Polaris Project, using data collected by the National
Human Trafficking Resource Center Hotline, between 2001 and 2012 New
York, California, Texas and Florida received the most potential
reports of human trafficking, with New York City identified as a hub
for human trafficking. "New York's large immigrant population, close
proximity to major international airports and other ports of entry,
and its concentration of formal and informal industries that lack
close regulation all contribute to the prevalence of human trafficking
in the state." (Human Trafficking Search, "Top 4 States for Human
Trafficking," Sarah Pierce, November 14, 2014). Young girls and boys,
women and men, are victimized in our neighborhoods, whether urban,
suburban, or rural, and regardless of socio-economic level, and are
recruited through deception, by guile and force, by traffickers on the
streets and in an assortment of venues, including local train and bus
stations, schools and shopping malls.

Yet even though trafficking victims may be among us, we do not see
them. And although victims may seek medical care at clinics, hospitals
and doctor's offices, physicians may be missing the signs that a
person may be a trafficking victim. According to Dr. Douglas Chin,
director of outreach for Physicians Against the Trafficking of Humans
(PATH), "there is a huge disparity in the number of victims seeking
help and the doctors who could recognize them." According to Chin, 87%
of trafficking victims have had contact with a healthcare provider
while being trafficked. Nevertheless, fewer than 10% of doctors
recognize trafficking victims and fewer than 3% of ER doctors have
received training in recognition and action.

As awareness of trafficking grows and more physicians become trained
in recognizing indicators of trafficking, physicians believe that some
of the persons seeking medical care they encountered were likely
trafficking victims. In addition to risk factors related to background
and personal history that may be revealed during a visit, physical
evidence such as bruises, tattoos, brands and burns as well as
psychological signs such as extreme anxiety, PTSD symptoms, anger and
belligerency may indicate the person is a trafficking victim.

According to Chin, victims are often marked for ownership, sometimes
with ink like barcodes, dollar signs and names of male captors, or may
have signs of beating, scars and orthopedic trauma. "The worst thing
we can do is give them a pill to pop for their problem and say they
don't need to follow up. We need to find ways to bring them back to
the clinic." ("Most Doctors Couldn't Spot a Human Trafficking Victim
If They Saw One. Could You?" Jenna Birch, Yahoo Health, March 18,
2015.)

Individuals and organizations, including PATH, the American Medical
Women's Association and HEAL (Health, Education, Advocacy, Linkage)
Trafficking, across the healthcare community, from clinical practice,
public health, global health, and academia to government, are joining
together to call for and work toward improving the health sector
response to prevent human trafficking and promote comprehensive
services to trafficking victims. Essential to this effort is training
and education of health care professionals to recognize trafficking
victims and provide the appropriate care.

This bill will require health care facilities whose services may be
sought at some point by a trafficking victim, such as a hospital,
public health center, outpatient department or treatment center, to
establish policies and procedures to identify, treat and refer
potential human trafficking victims so that standardized and safe
practices are in place and, with appropriate training, the health
professionals who are most likely to come into contact with a
potential victim will not only recognize the signs that indicate the
person seeking treatment may be a potential victim but will also know
what to do to provide the appropriate care and referral to help the
victim escape her or his life of violence and enslavement.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately; provided however, that
effective immediately, the commissioner of health may make regulations
and take other actions necessary to implement this act on its
effective date.