S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6476
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RICHARDSON  -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education  law  and  the  social  services  law,  in
   relation  to  coursework  or training regarding the identification and
   reporting of suspected cases of child abuse and maltreatment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Paragraph a of subdivision 3 of section 6507 of the educa-
 tion  law,  as amended by chapter 554 of the laws of 2013, is amended to
 read as follows:
   a. Establish standards for preprofessional and professional education,
 experience and licensing examinations as required to implement the arti-
 cle for each profession. Notwithstanding any other provision of law, the
 commissioner shall establish standards requiring that all persons apply-
 ing, on or after January first, nineteen hundred ninety-one,  initially,
 or for the renewal of, a license, registration or limited permit to be a
 physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
 trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
 licensed  clinical  social  worker,  licensed  creative  arts therapist,
 licensed marriage and family therapist, licensed mental  health  counse-
 lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
 analyst, or certified behavior analyst assistant shall, in  addition  to
 all the other licensure, certification or permit requirements, AND EVERY
 THREE YEARS THEREAFTER, have completed two hours of coursework or train-
 ing  regarding  the  identification  and  reporting  of  child abuse and
 maltreatment.   The coursework or training shall  be  obtained  from  an
 institution  or  provider  which  has been approved by the department to
 provide such coursework or training. The coursework  or  training  shall
 include  information regarding the physical and behavioral indicators of
 child abuse and maltreatment and the  statutory  reporting  requirements
 set out in sections four hundred thirteen through four hundred twenty of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00789-01-9

 A. 6476                             2
 
 the  social  services  law, including but not limited to, when and how a
 report must be made, what other actions  the  reporter  is  mandated  or
 authorized  to  take,  the legal protections afforded reporters, and the
 consequences for failing to report. Such coursework or training may also
 include  information regarding the physical and behavioral indicators of
 the abuse of individuals with [mental retardation  and  other]  develop-
 mental  disabilities  and  voluntary  reporting  of  abused or neglected
 adults to the office [of mental retardation and] FOR PEOPLE WITH  devel-
 opmental  disabilities or the local adult protective services unit. Each
 applicant shall provide the department with documentation  showing  that
 he  or  she  has  completed  the required training. The department shall
 provide an exemption from the  child  abuse  and  maltreatment  training
 requirements  to  any  applicant  who requests such an exemption and who
 shows, to the department's satisfaction, that there  would  be  no  need
 because  of the nature of his or her practice for him or her to complete
 such training;
   § 2. Subdivision 4 of section 3003 of the education law, as amended by
 chapter 737 of the laws of 1992, is amended to read as follows:
   4. Notwithstanding any other provision of law, the commissioner  shall
 require  that  any  person applying, on or after January first, nineteen
 hundred ninety-one, for a superintendent's certificate shall,  in  addi-
 tion  to  all  the other requirements, AND EVERY THREE YEARS THEREAFTER,
 have completed two hours of coursework or training regarding  the  iden-
 tification  and  reporting of child abuse and maltreatment.  The course-
 work or training shall be obtained from an institution or provider which
 has been approved by the department to provide such coursework or train-
 ing. The coursework or training shall include information regarding  the
 physical  and  behavioral indicators of child abuse and maltreatment and
 the statutory reporting requirements set out in  sections  four  hundred
 thirteen through four hundred twenty of the social services law, includ-
 ing  but  not limited to, when and how a report must be made, what other
 actions the reporter is  mandated  or  authorized  to  take,  the  legal
 protections  afforded  reporters,  and  the  consequences for failing to
 report. Each applicant shall provide the department  with  documentation
 showing that he or she has completed the required training.
   § 3. Subdivision 2 of section 3004 of the education law, as amended by
 chapter 737 of the laws of 1992, is amended to read as follows:
   2.  Notwithstanding any other provision of law, the commissioner shall
 prescribe regulations requiring that all persons applying, on  or  after
 January first, nineteen hundred ninety-one, for a certificate or license
 to  be  a  teacher  shall, in addition to all the other certification or
 licensure requirements, AND EVERY THREE YEARS THEREAFTER, have completed
 two hours of coursework or training  regarding  the  identification  and
 reporting  of  child abuse and maltreatment.  The coursework or training
 shall be obtained  from  an  institution  or  provider  which  has  been
 approved  by  the department to provide such coursework or training. The
 coursework or training shall include information regarding the  physical
 and behavioral indicators of child abuse and maltreatment and the statu-
 tory  reporting  requirements  set out in sections four hundred thirteen
 through four hundred twenty of the social services  law,  including  but
 not  limited  to, when and how a report must be made, what other actions
 the reporter is mandated or authorized to take,  the  legal  protections
 afforded  reporters,  and  the  consequences for failing to report. Each
 applicant shall provide the department with documentation  showing  that
 he or she has completed the required training.

 A. 6476                             3
 
   § 4. Section 413 of the social services law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A.  (A)  EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD ABUSE OR
 MALTREATMENT, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL,  PRIOR
 TO  ASSUMPTION  OF THE POSITION WHICH REQUIRES SUCH REPORTING, AND EVERY
 THREE YEARS THEREAFTER, COMPLETE TWO HOURS  OF  COURSEWORK  OR  TRAINING
 REGARDING  THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREAT-
 MENT; PROVIDED THAT EVERY PERSON AND OFFICIAL HOLDING SUCH A POSITION ON
 OR BEFORE THE EFFECTIVE DATE  OF  THIS  PARAGRAPH  SHALL  COMPLETE  SUCH
 COURSEWORK  OR  TRAINING  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SUBDIVISION.
   (B) EXCEPT AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE  OFFICE  OF
 CHILDREN  AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE COURSE-
 WORK AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS  SUBDIVI-
 SION.    SUCH COURSEWORK AND TRAINING MAY BE DEVELOPED SO THAT IT CAN BE
 OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT NOT  LIMITED  TO,  INTERNET
 BASED COURSES AND TELECONFERENCES.
   §  5. This act shall take effect one year after it shall have become a
 law.