S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5958
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the elder law, in relation to the state office  for  the
   aging sexual discrimination training program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 203 of the elder law is amended by adding  two  new
 subdivisions 13 and 14 to read as follows:
   13. (A) THE DIRECTOR SHALL ESTABLISH OR APPROVE A TRAINING PROGRAM FOR
 THE  PURPOSE  OF  RAISING  AWARENESS,  REMOVING  BARRIERS  AND IMPROVING
 SERVICES FOR OLDER ADULTS BASED ON THEIR SEXUAL ORIENTATION  AND  GENDER
 IDENTITY  OR  EXPRESSION AS DEFINED IN SECTION TWO HUNDRED NINETY-TWO OF
 THE EXECUTIVE LAW.   FOR THE PURPOSES  OF  THIS  SUBDIVISION,  THE  TERM
 "TRAINING  PROGRAM"  SHALL  MEAN  A  COURSE  OF LEARNING OR PROFESSIONAL
 DEVELOPMENT,  IN  PERSON  OR  ONLINE,  ADMINISTERED  OR  PROVIDED  BY  A
 NATIONAL,  STATE,  OR  LOCAL  AGENCY, NONPROFIT, ADVOCACY GROUP, PROFES-
 SIONAL  ORGANIZATION,  OR  ASSOCIATION.  SUCH  TRAINING  PROGRAM   SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (I) AN OVERVIEW OF THE HISTORY, UNIQUE NEEDS, AND CONCERNS OF LESBIAN,
 GAY,  BISEXUAL,  TRANSGENDER,  ASEXUAL, GENDER NON-CONFORMING AND GENDER
 NON-BINARY OLDER ADULTS;
   (II) REASONS WHY LESBIAN, GAY, BISEXUAL, TRANSGENDER, ASEXUAL,  GENDER
 NON-CONFORMING  AND  GENDER  NON-BINARY  OLDER  ADULTS MAY CHOOSE NOT TO
 SELF-IDENTIFY;
   (III) TOOLS EMPLOYEES CAN USE TO INCORPORATE LESBIAN,  GAY,  BISEXUAL,
 TRANSGENDER,  ASEXUAL, GENDER NON-CONFORMING AND GENDER NON-BINARY OLDER
 ADULT CONCERNS INTO DIRECT CARE AND STEPS EMPLOYEES CAN TAKE TO  IMPROVE
 THE QUALITY OF SERVICES AND SUPPORT THEY PROVIDE; AND
   (IV) A LIST OF RESOURCES WHERE EMPLOYEES CAN LEARN MORE.
   (B)  SUCH  TRAINING  PROGRAM  SHALL  BE  COMPLETED BY EMPLOYEES OF THE
 OFFICE, EMPLOYEES OF AREA AGENCIES ON AGING, AND PROVIDERS WHO  CONTRACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11492-02-9

 S. 5958                             2
 
 WITH  THE  OFFICE  OR  AREA AGENCIES ON AGING WHO PROVIDE DIRECT CARE TO
 OLDER  ADULTS.  EMPLOYERS  SHALL  MAINTAIN  ADEQUATE  DOCUMENTATION   OF
 COMPLETION  ON BEHALF OF REQUIRED EMPLOYEES, AND PROVIDE SUCH DOCUMENTA-
 TION  AT  THE  REQUEST  OF  THE  EMPLOYEE OR THE OFFICE. NOTHING IN THIS
 SUBDIVISION SHALL PREVENT EMPLOYEES FROM COMPLETING ANY  OTHER  TRAINING
 REQUIRED NOR SHALL IT PREVENT SUCH APPROVED TRAINING FROM BEING COMBINED
 WITH ANY OTHER REQUIRED TRAINING.
   14.  THE DIRECTOR, IN CONSULTATION WITH LESBIAN, GAY, BISEXUAL, TRANS-
 GENDER, ASEXUAL, GENDER NON-CONFORMING AND GENDER NON-BINARY OLDER ADULT
 ADVOCATES, SHALL REGULARLY UPDATE THE INTAKE FORM USED TO  ASSESS  INDI-
 VIDUALS  SEEKING  TO  PARTICIPATE IN PROGRAMS OR SERVICES OFFERED BY THE
 OFFICE TO REFLECT CURRENT PROFESSIONAL STANDARDS. THIS MAY INCLUDE,  BUT
 IS  NOT  LIMITED  TO,  DEFINITIONS, CATEGORIES, OR QUESTIONS RELATING TO
 SEX, GENDER, GENDER IDENTITY,  GENDER  EXPRESSION,  SEXUAL  ORIENTATION,
 PREFERRED  PRONOUNS,  OR  FAMILY OF CHOICE. THE OFFICE SHALL CONTINUE TO
 PRIORITIZE  CONFIDENTIALITY  AND  PROMOTE  SELF-IDENTIFICATION  FOR  THE
 PURPOSES  OF  PROVIDING  APPROPRIATE,  RELEVANT SERVICES TO THE LESBIAN,
 GAY, BISEXUAL, TRANSGENDER, ASEXUAL, GENDER  NON-CONFORMING  AND  GENDER
 NON-BINARY OLDER ADULT COMMUNITY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.