NY State Assembly Bill A6830C

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2018	print number 6830c
Jun 14, 2018	amend and recommit to mental health
Jun 13, 2018	print number 6830b
Jun 13, 2018	amend and recommit to mental health
Feb 12, 2018	print number 6830a
Feb 12, 2018	amend and recommit to mental health
Jan 03, 2018	referred to mental health
Mar 30, 2017	reference changed to mental health
Mar 21, 2017	referred to social services

Co-Sponsors

Multi-Sponsors

A6830 - Details

See Senate Version of this Bill:: S4736
Law Section:: Social Services Law
Laws Affected:: Amd §491, Soc Serv L
Versions Introduced in 2015-2016 Legislative Session:: A8307, S6010

A6830 - Summary

Relates to the duty to report incidents to 911 and the county district attorney's office.

A6830 - Bill Text download pdf


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

                                  6830

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2017
                               ___________

Introduced by 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:
  §  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-

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

                                                           LBD09233-03-7

A. 6830                             2

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
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

A. 6830                             3

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,  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.
  § 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A6830A - Details

See Senate Version of this Bill:: S4736
Law Section:: Social Services Law
Laws Affected:: Amd §491, Soc Serv L
Versions Introduced in 2015-2016 Legislative Session:: A8307, S6010

A6830A - Summary

Relates to the duty to report incidents to 911 and the county district attorney's office.

A6830A - Bill Text download pdf


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

                                 6830--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2017
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  ABINANTI,  JENNE,  ARROYO, CARROLL,
  PHEFFER AMATO, PRETLOW,  RIVERA,  SEAWRIGHT,  COOK,  HYNDMAN,  THIELE,
  D'URSO, SEPULVEDA, SIMON, BLAKE, RAMOS, LENTOL, DAVILA, LAVINE, MAGEE,
  HARRIS,  HIKIND, COLTON, VANEL, M. G. MILLER, STIRPE, BARRON, WOERNER,
  CUSICK, WALKER, DE LA ROSA, JEAN-PIERRE, MOSLEY, CAHILL, TITONE, BARN-
  WELL, CRESPO, ZEBROWSKI, O'DONNELL,  CASTORINA,  ABBATE,  ENGLEBRIGHT,
  AUBRY, OAKS, STEC, CURRAN, JAFFEE, SCHIMMINGER, HOOPER, ORTIZ, PICHAR-
  DO,  BRABENEC,  B. MILLER,  BICHOTTE, BARCLAY, KOLB, FINCH, PALMESANO,
  LAWRENCE, LALOR, GARBARINO, MURRAY, RA,  McDONOUGH,  RAIA,  MONTESANO,
  WALSH,  JOHNS,  CROUCH, BUTLER, DiPIETRO, ERRIGO, GIGLIO, FITZPATRICK,
  WILLIAMS, GALEF, PALUMBO, BENEDETTO, JOYNER, DICKENS, DILAN,  SOLAGES,
  MALLIOTAKIS,  WRIGHT  --  Multi-Sponsored  by -- M. of A. BLANKENBUSH,
  CYMBROWITZ, DenDEKKER, KIM, PERRY,  L. ROSENTHAL,  SKARTADOS  --  read
  once  and  referred  to  the Committee on Social Services -- reference
  changed to the Committee  on  Mental  Health  --  recommitted  to  the
  Committee  on Mental Health in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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, subdivision 4 as amended
by  chapter  126  of the laws of 2014, subdivision 5 as added by chapter
422 of the laws of 2017, is amended to read as follows:
  § 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

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

                                                           LBD09233-05-8

A. 6830--A                          2

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
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

A. 6830--A                          3

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
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. State oversight  agencies  shall  ensure  that  all  facilities  or
provider  agencies  operated, licensed, or certified by such state over-
sight agencies have policies and procedures in  place  to  identify  and
report possible crimes against a service recipient by a custodian. State
oversight  agencies  shall  provide  guidance  to facilities or provider
agencies operated, licensed, or certified by such state oversight  agen-
cies  that do not already have policies and procedures for the identifi-
cation and reporting of possible crimes.
  6. 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

A. 6830--A                          4

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.
  § 2. This act shall take effect immediately.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A6830B - Details

See Senate Version of this Bill:: S4736
Law Section:: Social Services Law
Laws Affected:: Amd §491, Soc Serv L
Versions Introduced in 2015-2016 Legislative Session:: A8307, S6010

A6830B - Summary

Relates to the duty to report incidents to 911 and the county district attorney's office.

A6830B - Bill Text download pdf


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

                                 6830--B

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2017
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  ABINANTI,  JENNE,  ARROYO, CARROLL,
  PHEFFER AMATO, PRETLOW,  RIVERA,  SEAWRIGHT,  COOK,  HYNDMAN,  THIELE,
  D'URSO,  SIMON,  BLAKE,  RAMOS, LENTOL, DAVILA, LAVINE, MAGEE, HIKIND,
  COLTON, VANEL, M. G. MILLER, STIRPE, BARRON, WOERNER, CUSICK,  WALKER,
  DE LA ROSA,  JEAN-PIERRE,  MOSLEY,  CAHILL,  TITONE, BARNWELL, CRESPO,
  ZEBROWSKI, O'DONNELL, CASTORINA,  ABBATE,  ENGLEBRIGHT,  AUBRY,  OAKS,
  STEC,  CURRAN, JAFFEE, SCHIMMINGER, HOOPER, ORTIZ, PICHARDO, BRABENEC,
  B. MILLER, BICHOTTE, BARCLAY, KOLB, FINCH, PALMESANO, LAWRENCE, LALOR,
  GARBARINO, MURRAY,  RA,  McDONOUGH,  RAIA,  MONTESANO,  WALSH,  JOHNS,
  CROUCH,  BUTLER,  DiPIETRO,  ERRIGO,  GIGLIO,  FITZPATRICK,  WILLIAMS,
  GALEF, PALUMBO, BENEDETTO, JOYNER, DICKENS, DILAN, SOLAGES, MALLIOTAK-
  IS, WRIGHT, MORINELLO -- Multi-Sponsored by -- M. of  A.  BLANKENBUSH,
  CYMBROWITZ,  DenDEKKER,  KIM,  PERRY,  L. ROSENTHAL  --  read once and
  referred to the Committee on Social Services -- reference  changed  to
  the  Committee  on  Mental  Health  -- recommitted to the Committee on
  Mental Health in accordance with Assembly Rule 3, sec. 2 --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

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, subdivision 4 as amended
by chapter 126 of the laws of 2014, subdivision 5 as  added  by  chapter
422 of the laws of 2017, is amended to read as follows:
  §  491.  Duty  to  report  incidents.  1. (a) Mandated reporters shall
report allegations of reportable incidents 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,

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

                                                           LBD09233-06-8

A. 6830--B                          2

AND,  IN  THE CASE OF ALL SUSPICIOUS AND UNEXPLAINED INJURIES, INCLUDING
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 UNEXPLAINED OR SUSPI-
CIOUS DEATHS, TO A 9-1-1 OPERATOR AND THE  VULNERABLE  PERSONS'  CENTRAL
REGISTER.  ALL  MEDICAL  EMERGENCIES THAT THREATEN THE HEALTH, SAFETY OR
LIFE OF INDIVIDUALS SERVED SHALL BE  REPORTED  IMMEDIATELY  TO  A  9-1-1
OPERATOR.
  (b)  Allegations of reportable incidents shall be reported immediately
to the vulnerable persons' central register upon discovery, AND  IN  THE
CASE OF ALL SUSPICIOUS AND UNEXPLAINED INJURIES, INCLUDING BROKEN BONES,
HEMATOMAS,  OPEN  WOUNDS  BEYOND  MINOR  FIRST  AID, BLACK EYES, SWOLLEN
NOSES, EXTREME AND QUESTIONABLE BRUISING, CHOKE MARKS, BURNS, ALL  INDI-
VIDUALS  SERVED  FOUND  UNRESPONSIVE  AND  ALL UNEXPLAINED OR SUSPICIOUS
DEATHS, SHALL BE REPORTED  IMMEDIATELY  TO  A  9-1-1  OPERATOR  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 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 AND LOCAL POLICE 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 AND LOCAL POLICE  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 the  vulnerable  persons'
central register, OR IN THE CASE OF ALL SUSPICIOUS AND UNEXPLAINED INJU-
RIES,  INCLUDING 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  UNEX-
PLAINED  OR  SUSPICIOUS  DEATHS,  TO A 9-1-1 OPERATOR AND THE VULNERABLE

A. 6830--B                          3

PERSONS' CENTRAL REGISTER who knowingly and willfully  fails  to  do  so
shall be guilty of a class A misdemeanor.
  (b)  A mandated reporter who knowingly and willfully fails to report a
case of suspected abuse or neglect to the  vulnerable  persons'  central
register,  OR  SUSPICIOUS  AND  UNEXPLAINED  INJURIES,  INCLUDING 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 UNEXPLAINED OR  SUSPICIOUS
DEATHS,  TO  A 9-1-1 OPERATOR AND THE VULNERABLE PERSONS' CENTRAL REGIS-
TER, 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 the  vulnerable  persons'
central  register,  OR,  IN  THE  CASE OF ALL SUSPICIOUS AND UNEXPLAINED
INJURIES, INCLUDING 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
UNEXPLAINED OR SUSPICIOUS DEATHS, TO A 9-1-1 OPERATOR 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.  State  oversight  agencies  shall  ensure  that  all facilities or
provider agencies operated, licensed, or certified by such  state  over-
sight  agencies  have  policies  and procedures in place to identify and
report possible crimes against a service recipient by a custodian. State
oversight agencies shall provide  guidance  to  facilities  or  provider
agencies  operated, licensed, or certified by such state oversight agen-
cies that do not already have policies and procedures for the  identifi-
cation and reporting of possible crimes.
  6.  ALL  STATE  AND  PRIVATE  AGENCIES  WITH MANDATORY REPORTERS SHALL
ENSURE THAT ALL STAFF ARE TRAINED ON REPORTING TO A 9-1-1  OPERATOR  AND
ALL   STATE   AND  PRIVATE  WEBSITES,  TRAINING  MANUALS,  INFORMATIONAL
BROCHURES OR PAMPHLETS DIRECTING REPORTING SHALL STATE THAT  ALL  SUSPI-
CIOUS  AND UNEXPLAINED INJURIES, INCLUDING 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 SUSPICIOUS OR UNEXPLAINED DEATHS, BE REPORTED TO  A
9-1-1  OPERATOR AND THE VULNERABLE PERSONS' CENTRAL REGISTER. ALL EXIST-
ING POSTERS AND WALLET CARDS AND ANY  OTHER  INFORMATION  DIRECTING  THE
HANDLING OF REPORTABLE INCIDENTS WILL BE UPDATED AS NEEDED AND POSTED IN
A  CONSPICUOUSLY  LOCATED  AND TIMELY MANNER TO REFLECT THE NEW REQUIRE-
MENTS.
  § 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A6830C (ACTIVE) - Details

See Senate Version of this Bill:: S4736
Law Section:: Social Services Law
Laws Affected:: Amd §491, Soc Serv L
Versions Introduced in 2015-2016 Legislative Session:: A8307, S6010

A6830C (ACTIVE) - Summary

Relates to the duty to report incidents to 911 and the county district attorney's office.

A6830C (ACTIVE) - Bill Text download pdf


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

                                 6830--C

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 21, 2017
                               ___________

Introduced  by  M.  of  A.  WEPRIN,  ABINANTI,  JENNE,  ARROYO, CARROLL,
  PHEFFER AMATO, PRETLOW,  RIVERA,  SEAWRIGHT,  COOK,  HYNDMAN,  THIELE,
  D'URSO,  SIMON,  BLAKE,  RAMOS, LENTOL, DAVILA, LAVINE, MAGEE, HIKIND,
  COLTON, VANEL, M. G. MILLER, STIRPE, BARRON, WOERNER, CUSICK,  WALKER,
  DE LA ROSA,  JEAN-PIERRE,  MOSLEY,  CAHILL,  TITONE, BARNWELL, CRESPO,
  ZEBROWSKI, O'DONNELL, CASTORINA,  ABBATE,  ENGLEBRIGHT,  AUBRY,  OAKS,
  STEC,  CURRAN, JAFFEE, SCHIMMINGER, HOOPER, ORTIZ, PICHARDO, BRABENEC,
  B. MILLER, BICHOTTE, BARCLAY, KOLB, FINCH, PALMESANO, LAWRENCE, LALOR,
  GARBARINO, MURRAY,  RA,  McDONOUGH,  RAIA,  MONTESANO,  WALSH,  JOHNS,
  CROUCH,  BUTLER,  DiPIETRO,  ERRIGO,  GIGLIO,  FITZPATRICK,  WILLIAMS,
  GALEF, PALUMBO, BENEDETTO, JOYNER, DICKENS, DILAN, SOLAGES, MALLIOTAK-
  IS, WRIGHT, MORINELLO, BOHEN -- Multi-Sponsored by -- M. of A.  BLANK-
  ENBUSH,  CYMBROWITZ,  DenDEKKER, KIM, PERRY, L. ROSENTHAL -- read once
  and referred to the Committee on Social Services -- reference  changed
  to  the  Committee on Mental Health -- recommitted to the Committee on
  Mental Health in accordance with Assembly Rule 3, sec. 2 --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  again  reported  from  said  committee  with  amendments,  ordered
  reprinted as amended and recommitted to said committee

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, subdivision 4 as amended
by chapter 126 of the laws of 2014, subdivision 5 as  added  by  chapter
422 of the laws of 2017, is amended to read as follows:
  §  491.  Duty  to  report  incidents.  1. (a) Mandated reporters shall
report allegations of reportable incidents,  ALL  SUSPICIOUS  AND  UNEX-

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

                                                           LBD09233-08-8

A. 6830--C                          2

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
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.

A. 6830--C                          3

  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.
MANDATED  REPORTERS  SHALL  REPORT NON-CRIMINAL MEDICAL EMERGENCIES 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
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.  State  oversight  agencies  shall  ensure  that  all facilities or
provider agencies operated, licensed, or certified by such  state  over-
sight  agencies  have  policies  and procedures in place to identify and
report possible crimes against a service recipient by a custodian. State
oversight agencies shall provide  guidance  to  facilities  or  provider
agencies  operated, licensed, or certified by such state oversight agen-
cies that do not already have policies and procedures for the  identifi-
cation and reporting of possible crimes.
  6.  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

A. 6830--C                          4

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.
  § 2. This act shall take effect immediately.

The New York State Senate

assembly Bill A6830C

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Multi-Sponsors

A6830 - Details

A6830 - Summary

A6830 - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A6830A - Details

A6830A - Summary

A6830A - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A6830B - Details

A6830B - Summary

A6830B - Bill Text download pdf

Co-Sponsors

Multi-Sponsors

A6830C (ACTIVE) - Details

A6830C (ACTIVE) - Summary

A6830C (ACTIVE) - Bill Text download pdf

Comments

assembly Bill A6830C

Share this bill

Sponsored By

WEPRIN

Archive: Last Bill Status - In Assembly Committee

Your Voice

Actions

Bill Amendments

Co-Sponsors

Thomas Abinanti

Addie Jenne

Carmen E. Arroyo

Robert C. Carroll

Stacey Pheffer Amato

J. Gary Pretlow

Jose Rivera

Rebecca Seawright

Vivian Cook

Alicia Hyndman

Fred Thiele

Anthony D'Urso

Luis R. Sepúlveda

Jo Anne Simon

Michael Blake

Philip Ramos

Joseph Lentol

Maritza Davila

Charles Lavine

William Magee

Pamela Harris

Dov Hikind

William Colton

Clyde Vanel

Michael G. Miller

Albert A. Stirpe

Inez Barron

Carrie Woerner

Michael Cusick

Latrice Walker

Carmen De La Rosa

Kimberly Jean-Pierre

Walter T. Mosley

Kevin Cahill

Matthew Titone

Brian Barnwell

Marcos Crespo

Kenneth Zebrowski

Daniel O'Donnell

Ron Castorina, Jr.

Peter Abbate

Steven Englebright

Jeffrion Aubry

Robert Oaks

Dan Stec

Brian F. Curran

Ellen C. Jaffee

Robin Schimminger

Earlene Hooper

Felix Ortiz

Victor M. Pichardo

Karl Brabenec

Brian D. Miller

Rodneyse Bichotte

William A. Barclay

Brian Kolb

Gary Finch

Philip Palmesano

Peter Lawrence

Kieran Michael Lalor

Andrew R. Garbarino

Dean Murray

Edward Ra

David McDonough

Andrew Raia

Michael Montesano

Mary Beth Walsh

Mark C. Johns

Clifford Crouch

Marc Butler

David DiPietro