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.