Assembly Bill A9134

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9134
 
                           I N  A S S E M B L Y
 
                             January 22, 2020
                                ___________
 
 Introduced by M. of A. LAVINE -- read once and referred to the Committee
   on Health
 
 AN  ACT to amend the public health law, in relation to hospital domestic
   violence policies and procedures; and to amend a chapter of  the  laws
   of  2019  amending the public health law relating to hospital domestic
   violence policies and procedures  as  proposed  in  legislative  bills
   numbers  S.  3962-A  and  A.  2850-A, in relation to the effectiveness
   thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2805-z  of  the public health law, as added by a
 chapter of the laws of 2019 amending the public health law  relating  to
 hospital domestic violence policies and procedures as proposed in legis-
 lative  bills  numbers  S.  3962-A  and A. 2850-A, is amended to read as
 follows:
   § 2805-z. Hospital domestic violence policies and procedures. 1. Every
 general hospital shall: (a) develop, maintain  and  disseminate  written
 policies  and  procedures  for the identification, assessment, treatment
 and referral of confirmed or suspected cases of domestic  violence;  (b)
 establish, and implement on an ongoing basis, a training program for all
 [current  and  new  employees]  NURSING,  MEDICAL, SOCIAL WORK AND OTHER
 CLINICAL PERSONNEL, AND SECURITY PERSONNEL WORKING IN  HOSPITAL  SERVICE
 UNITS regarding the policies and procedures established pursuant to this
 section;  AND  (c)  designate  a staff member to [coordinate services to
 victims of domestic violence; and (d)] contact the domestic violence  or
 victim  assistance  organization  IDENTIFIED  BY  THE COMMISSIONER UNDER
 SUBDIVISION THREE OF THIS SECTION providing  victim  assistance  to  the
 geographic area served by such hospital to establish the coordination of
 services to domestic violence victims.
   2.  Upon  admittance  or  commencement  of treatment of a confirmed or
 suspected domestic violence  victim,  such  hospital  shall  advise  the
 victim  of  the  availability  of the services of a domestic violence or
 victim assistance organization.  If  after  receiving  such  advice  the
 domestic  violence  victim wishes the presence of a domestic violence or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04595-05-0

 A. 9134                             2
 
 victim assistance advocate, such hospital shall contact the  appropriate
 organization and request that one be provided.
   3. The commissioner shall promulgate such rules and regulations as may
 be  necessary and proper to carry out effectively the provisions of this
 section.  Prior to promulgating such rules and regulations, the  commis-
 sioner  shall  consult  with  the  office for the prevention of domestic
 violence and other such persons as the commissioner deems  necessary  to
 develop  a  model policy for hospitals to utilize in complying with this
 section AND TO IDENTIFY  THE  DOMESTIC  VIOLENCE  OR  VICTIM  ASSISTANCE
 ORGANIZATIONS  OPERATING  IN  EACH HOSPITAL'S GEOGRAPHIC AREA, A LIST OF
 WHICH THE COMMISSIONER SHALL PROVIDE TO HOSPITALS WITH THE MODEL POLICY.
   § 2. Section 2 of a chapter of the laws of 2019, amending  the  public
 health  law  relating  to hospital domestic violence policies and proce-
 dures as proposed in legislative bills numbers S. 3962-A and A.  2850-A,
 is amended to read as follows:
   § 2. This act shall take effect [on the first of January next succeed-
 ing the date on which] ONE YEAR AFTER it shall have become a law. Effec-
 tive immediately, the addition, amendment and/or repeal of any rules  or
 regulations necessary for the implementation of the foregoing section of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
   § 3. This act shall take effect immediately;  provided,  however  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2019, amending the public health
 law relating to hospital domestic violence policies  and  procedures  as
 proposed  in  legislative  bills  numbers S. 3962-A and A. 2850-A, takes
 effect.