S T A T E O F N E W Y O R K
________________________________________________________________________
6400--A
2023-2024 Regular Sessions
I N A S S E M B L Y
April 6, 2023
___________
Introduced by M. of A. SEAWRIGHT, McDONALD, ALVAREZ, McMAHON, LUNSFORD
-- read once and referred to the Committee on People with Disabilities
-- recommitted to the Committee on People with Disabilities in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the mental hygiene law, in relation to establishing a
direct support professional worker registry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 13.43 of the mental hygiene law, as added by chap-
ter 209 of the laws of 2018, is renumbered section 13.44 and a new
section 13.45 is added to read as follows:
§ 13.45 DIRECT SUPPORT PROFESSIONAL WORKER REGISTRY.
(A) AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(1) "PROVIDER" MEANS AN ENTITY OPERATING WITH A CERTIFICATE ISSUED BY
THE COMMISSIONER PURSUANT TO SECTION 16.03 OF THIS TITLE.
(2) "DIRECT SUPPORT PROFESSIONAL WORKER" OR "WORKER" MEANS ANY PERSON
ENGAGED IN OR APPLYING TO BECOME ENGAGED IN PROVIDING DIRECT SUPPORT
PROFESSIONAL SERVICES, AS DEFINED BY THE OFFICE IN REGULATION.
(3) "REGISTRY" MEANS THE DIRECT SUPPORT PROFESSIONAL WORKER REGISTRY.
(4) "DIRECT SUPPORT PROFESSIONAL WORKER EDUCATION OR TRAINING PROGRAM"
OR "PROGRAM" MEANS A PROGRAM THAT PROVIDES EDUCATION OR TRAINING FOR
PERSONS TO MEET ANY REQUIREMENT ESTABLISHED BY THE OFFICE FOR DIRECT
SUPPORT PROFESSIONAL WORKER SERVICES, WHICH IS APPROVED BY THE OFFICE.
(5) "SELF-DIRECTION PROGRAM" MEANS THE SELF-DIRECTION PROGRAM IMPLE-
MENTED BY THE OFFICE PURSUANT TO 42 CFR 441 SUBPART M OR ANY SUCCESSOR
REGULATION.
(B) THE OFFICE SHALL DEVELOP AND MAINTAIN A DIRECT SUPPORT PROFES-
SIONAL WORKER REGISTRY OF PERSONS WHO HAVE SUCCESSFULLY COMPLETED A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10170-03-4
A. 6400--A 2
DIRECT SUPPORT PROFESSIONAL WORKER EDUCATION OR TRAINING PROGRAM
APPROVED BY THE COMMISSIONER. INFORMATION IN THE REGISTRY SHALL BE
ACCESSIBLE ON THE OFFICE'S WEBSITE BY THE PUBLIC, DIRECT SUPPORT PROFES-
SIONAL WORKERS, PERSONS ENROLLED IN THE SELF-DIRECTION PROGRAM AND
PROVIDERS LICENSED, FUNDED, APPROVED AND/OR CERTIFIED BY THE OFFICE,
SUBJECT TO SUBDIVISION (I) OF THIS SECTION.
(C) THE REGISTRY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
INFORMATION CONCERNING EACH PERSON WHO HAS SUCCESSFULLY COMPLETED A
DIRECT SUPPORT PROFESSIONAL WORKER TRAINING PROGRAM THAT IS LISTED IN
THE REGISTRY:
(1) FULL NAME, INCLUDING PRE-MARITAL NAME AND ANY OTHER NAMES CURRENT-
LY USED OR PREVIOUSLY USED;
(2) CURRENT HOME ADDRESS;
(3) GENDER;
(4) DATE OF BIRTH;
(5) CONTACT INFORMATION;
(6) THE NAME OF EACH STATE-APPROVED EDUCATION OR TRAINING PROGRAM
SUCCESSFULLY COMPLETED, THE NAME OF THE ENTITY PROVIDING THE PROGRAM,
AND THE DATE ON WHICH SUCH PROGRAM WAS COMPLETED;
(7) HISTORY OF WORK IN DIRECT SUPPORT PROFESSIONAL SERVICES THROUGH
ANY PROVIDER ENTITY, INCLUDING DATES OF EMPLOYMENT AND NAME OF SUCH
ENTITY PROVIDING THE EMPLOYMENT;
(8) FINAL FINDINGS MADE IN ACCORDANCE WITH THE PROVISIONS OF STATUTO-
RILY ESTABLISHED PROCEEDINGS SUBJECT TO THE STATE ADMINISTRATIVE PROCE-
DURE ACT OR OTHER SIMILAR LAW, THAT THE PERSON ENGAGED IN PHYSICAL
ABUSE, MISTREATMENT, NEGLECT WHILE SERVING THE PATIENT AS A DIRECT
SUPPORT PROFESSIONAL OR IN ANOTHER CAPACITY, THE NAME OF THE GOVERN-
MENTAL AGENCY, CASE NUMBER IF A NUMBER IS ASSIGNED, AND DATE OF DETERMI-
NATION, TOGETHER WITH ANY STATEMENT CONCERNING SUCH DETERMINATION
SUBMITTED BY THE PERSON, THAT MAY NOT IDENTIFY ANY OTHER PERSON AND MAY
NOT EXCEED ONE HUNDRED FIFTY WORDS; AND
(9) A RECORD OF ANY DETERMINATION OF THE DEPARTMENT REGARDING THE
APPROVAL OR DISAPPROVAL OF A PROSPECTIVE EMPLOYEE PURSUANT TO SUBDIVI-
SION FIVE OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW,
TOGETHER WITH ANY STATEMENT CONCERNING SUCH DETERMINATION SUBMITTED BY
THE PERSON, THAT MAY NOT IDENTIFY ANY OTHER PERSON AND MAY NOT EXCEED
ONE HUNDRED FIFTY WORDS.
(D) THE REGISTRY SHALL INCLUDE A COMPREHENSIVE LIST OF ALL STATE-AP-
PROVED DIRECT SUPPORT PROFESSIONAL WORKER EDUCATION OR TRAINING PROGRAMS
AND ITS CONTACT DETAILS. THE LIST SHALL BE UPDATED AT LEAST MONTHLY BY
THE OFFICE AND THE STATE EDUCATION DEPARTMENT. THE OFFICE SHALL PROMPTLY
SUBMIT UPDATED INFORMATION WHENEVER SUCH INFORMATION CHANGES.
(E) (1) THE OFFICE SHALL SPECIFY WHICH INFORMATION FOR THE REGISTRY
SHALL BE SUBMITTED AND UPDATED BY THE STATE-APPROVED EDUCATION OR TRAIN-
ING PROGRAM, DIRECT SUPPORT PROFESSIONAL AND PROVIDER, SUBJECT TO THE
PROVISIONS OF THIS SUBDIVISION.
(2) ANY ENTITY THAT OFFERS OR PROVIDES A STATE-APPROVED EDUCATION OR
TRAINING PROGRAM SHALL PROVIDE THE DEPARTMENT THE FOLLOWING DOCUMENTA-
TION FOR EVERY PERSON WHO SUCCESSFULLY COMPLETES ANY PROGRAM PROVIDED BY
THE ENTITY, IN THE FORM AND MANNER PROVIDED BY THE OFFICE:
(I) A WRITTEN SWORN STATEMENT BY THE SENIOR OFFICIAL OF THE ENTITY
THAT OFFERS OR PROVIDES SUCH PROGRAM, MADE UNDER PENALTY OF PERJURY,
CERTIFYING THAT EACH PERSON HAS IN FACT SUCCESSFULLY COMPLETED THE IDEN-
TIFIED PROGRAM, IDENTIFYING EACH SUCH PERSON BY NAME, ADDRESS, DATE OF
BIRTH AND DATE ON WHICH SUCH PROGRAM WAS COMPLETED, AND DESCRIBING THE
NATURE OF THE EDUCATION OR TRAINING COVERED IN SUCH PROGRAM; AND
A. 6400--A 3
(II) PROOF THAT SUCH ENTITY HAS VERIFIED THE TRUE IDENTITY OF EACH
PERSON WHO HAS SUCCESSFULLY COMPLETED THE IDENTIFIED PROGRAM.
(F) A DIRECT SUPPORT PROFESSIONAL EMPLOYED BY A PROVIDER SHALL ONLY BE
REQUIRED TO PROVIDE FOR THE REGISTRY THAT INFORMATION SPECIFIED IN PARA-
GRAPHS ONE, TWO, THREE, FOUR, FIVE AND SIX OF SUBDIVISION (C) OF THIS
SECTION, AND, TO THE BEST OF THEIR KNOWLEDGE AND RECOLLECTION, PARAGRAPH
SEVEN OF SUBDIVISION (C) OF THIS SECTION.
(G) THE REGISTRY SHALL BE UPDATED AT LEAST MONTHLY. ANY PERSON OR
ENTITY REQUIRED TO PROVIDE INFORMATION TO THE REGISTRY SHALL PROMPTLY
SUBMIT UPDATED INFORMATION WHENEVER SUCH INFORMATION CHANGES.
(H) NO CHARGES SHALL BE IMPOSED ON ANY PERSON OR ENTITY FOR ANY COSTS
RELATED TO THE REGISTRY.
(I) (1) MEMBERS OF THE PUBLIC MAY ACCESS AND OBTAIN INFORMATION IN THE
REGISTRY THROUGH THE DEPARTMENT'S WEBSITE, EXCEPT INFORMATION SPECIFIED
IN PARAGRAPHS TWO, FOUR AND FIVE OF SUBDIVISION (C) OF THIS SECTION. THE
DEPARTMENT SHALL ALSO PROVIDE TOLL-FREE TELEPHONE ACCESS FOR MEMBERS OF
THE PUBLIC TO ACCESS AND OBTAIN INFORMATION FROM THE REGISTRY, EXCEPT
INFORMATION SPECIFIED IN PARAGRAPHS TWO, FOUR AND FIVE OF SUBDIVISION
(C) OF THIS SECTION.
(2) A DIRECT SUPPORT PROFESSIONAL WORKER MAY ACCESS OR OBTAIN ANY
INFORMATION IN THE WORKER'S OWN LISTING IN THE REGISTRY.
(3) A PROVIDER ENTITY OR INDIVIDUAL ENROLLED IN THE SELF-DIRECTION
PROGRAM MAY ACCESS OR OBTAIN ANY INFORMATION IN THE REGISTRY RELATING TO
THE DIRECT SUPPORT PROFESSIONAL THE PROVIDER OR PERSON IS EMPLOYING OR
CONSIDERING EMPLOYING.
(4) THE OFFICE SHALL INCLUDE SECURITY MECHANISMS IN THE REGISTRY TO
IMPLEMENT THIS SUBDIVISION AND TO MAINTAIN A RECORD OF ACCESSING OR
OBTAINING INFORMATION FROM THE REGISTRY BY EVERY PROVIDER ENTITY OR
INDIVIDUAL ENROLLED IN SELF-DIRECTION.
(J) THE OFFICE SHALL PROVIDE REASONABLE AND APPROPRIATE TIMETABLES,
NOTICES AND PHASE-IN MECHANISMS FOR APPLYING VARIOUS PROVISIONS OF THIS
SECTION TO STATE-APPROVED EDUCATION AND TRAINING PROGRAMS, PROVIDER
ENTITIES, PERSONS BECOMING DIRECT SUPPORT PROFESSIONALS AND PERSONS
ALREADY EMPLOYED AS DIRECT SUPPORT PROFESSIONALS. PERSONS EMPLOYED AS
DIRECT SUPPORT PROFESSIONALS ON THE EFFECTIVE DATE OF THIS SECTION SHALL
BE REGISTERED AS SOON AS PRACTICABLE, BUT NOT LATER THAN TWELVE MONTHS
AFTER SUCH EFFECTIVE DATE.
(K) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS REASONABLY
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
§ 2. This act shall take effect June 1, 2025. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.