S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4736
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2017
                                ___________
 
 Introduced  by Sens. LANZA, ADDABBO, AVELLA, BROOKS, GALLIVAN, HAMILTON,
   LARKIN, LATIMER, ORTT, ROBACH, SAVINO,  STAVISKY  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Mental Health and Developmental Disabilities
 
 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:
   § 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09233-01-7
              

 S. 4736                             2

 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  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

 S. 4736                             3
 
 JUSTICE CENTER SHALL BE REMOVED AND REPLACED BY 9-1-1 REPORTING POSTERS,
 WALLET  CARDS  AND ALL OTHER SOURCES THAT SHALL BE LOCATED CONSPICUOUSLY
 IN A TIMELY MANNER.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4736--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2017
                                ___________
 
 Introduced  by Sens. LANZA, ADDABBO, AVELLA, BROOKS, GALLIVAN, HAMILTON,
   LARKIN, LATIMER, ORTT, ROBACH, SAVINO,  STAVISKY  --  read  twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Mental Health and Developmental Disabilities -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09233-02-7

 S. 4736--A                          2
 
 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
 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-

 S. 4736--A                          3
 
 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.  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4736--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2017
                                ___________
 
 Introduced  by Sens. LANZA, ADDABBO, AKSHAR, ALCANTARA, AMEDORE, BAILEY,
   BONACIC, BOYLE, BROOKS, COMRIE, DILAN, FELDER, FUNKE, GALLIVAN,  GOLD-
   EN,  GRIFFO,  HAMILTON,  HELMING,  HOYLMAN, JACOBS, KAMINSKY, KENNEDY,
   KRUEGER, LARKIN, MARCELLINO, MARCHIONE,  MONTGOMERY,  MURPHY,  O'MARA,
   ORTT,  PARKER,  PERALTA,  PERSAUD,  PHILLIPS, RITCHIE, RIVERA, ROBACH,
   SANDERS, SAVINO, SERRANO, SEWARD, STAVISKY, TEDISCO -- read twice  and
   ordered  printed, and when printed to be committed to the Committee on
   Mental Health and Developmental Disabilities -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on Mental Health and  Devel-
   opmental  Disabilities  in  accordance  with  Senate Rule 6, sec. 8 --
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09233-04-8

 S. 4736--B                          2
 
 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
 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

 S. 4736--B                          3
 
 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
 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

 S. 4736--B                          4

 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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4736--C
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2017
                                ___________
 
 Introduced  by Sens. LANZA, ADDABBO, AKSHAR, ALCANTARA, AMEDORE, BAILEY,
   BONACIC, BOYLE, BROOKS, COMRIE, DILAN, FELDER, FUNKE, GALLIVAN,  GOLD-
   EN,  GRIFFO,  HAMILTON,  HELMING,  HOYLMAN, JACOBS, KAMINSKY, KENNEDY,
   KRUEGER, LARKIN, MARCELLINO, MARCHIONE,  MONTGOMERY,  MURPHY,  O'MARA,
   ORTT,  PARKER,  PERALTA,  PERSAUD,  PHILLIPS, RITCHIE, RIVERA, ROBACH,
   SANDERS, SAVINO, SEPULVEDA, SERRANO, SEWARD, STAVISKY, TEDISCO -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Mental Health and Developmental Disabilities -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- recommitted to the Committee on Mental Health and
   Developmental Disabilities in accordance with Senate Rule 6, sec. 8 --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- reported favorably from said  commit-
   tee and committed to the Committee on Finance -- 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 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,
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09233-07-8

 S. 4736--C                          2
 
 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
 PERSONS'  CENTRAL  REGISTER  who  knowingly and willfully fails to do so
 shall be guilty of a class A misdemeanor.

 S. 4736--C                          3
 
   (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.