S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7004
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. KIM -- read once and referred to the Committee on
   Social Services
 
 AN  ACT  to  amend the social services law, in relation to requiring all
   state and private  agencies  with  mandatory  reporters  of  incidents
   involving  vulnerable  people  to  retrain all staff on reporting to a
   9-1-1 operator and the county district attorney's office
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  491  of  the  social services law, as amended by
 section 1 of part B of chapter 501 of the laws of 2012, subdivision 4 as
 amended by chapter 126 of the laws of 2014 and subdivision 5 as added by
 chapter 422 of the laws of 2017, is amended to read as follows:
   § 491. Duty to report  incidents.  1.  (a)  Mandated  reporters  shall
 report  allegations  of  reportable  incidents  to A 9-1-1 OPERATOR, THE
 COUNTY DISTRICT ATTORNEY'S OFFICE AND the  vulnerable  persons'  central
 register as established by section four hundred ninety-two of this arti-
 cle and in accordance with the requirements set forth therein.
   (b)  Allegations of reportable incidents shall be reported immediately
 to A 9-1-1 OPERATOR, THE  COUNTY  DISTRICT  ATTORNEY'S  OFFICE  AND  the
 vulnerable  persons'  central  register  upon discovery. For purposes of
 this article, "discovery" occurs when the mandated reporter witnesses  a
 suspected  reportable  incident  or  when  another person, including the
 vulnerable person, comes before the mandated reporter  in  the  mandated
 reporter's  professional  or official capacity and provides the mandated
 reporter with reasonable cause to suspect that the vulnerable person has
 been subjected to a reportable incident. A report to the register  shall
 include the name, title and contact information of every person known to
 the  mandated  reporter  to  have  the  same information as the mandated
 reporter concerning the reportable incident. [Nothing in  this  subdivi-
 sion  shall be construed to prohibit a mandated reporter from contacting

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10881-01-3
 A. 7004                             2
              

 or reporting to law enforcement or emergency services  before  or  after
 reporting to the vulnerable persons' central register.]
   (c) The substance or content of any psychological, psychiatric, thera-
 peutic,  clinical  or  medical reports, evaluations or like materials or
 information pertaining to the treatment of a  patient  or  client  of  a
 mandatory  reporter who reports a reportable incident of such patient or
 client pursuant to this article, must  be  provided  by  such  mandatory
 reporter upon request of the justice center for the protection of people
 with  special  needs  if  such records are essential for a full investi-
 gation of such  allegation,  notwithstanding  any  applicable  privilege
 which  would  otherwise bar the disclosure of such materials and records
 pursuant to article forty-five of the civil practice law  and  rules  or
 other  provision  of  law  except  applicable  federal law governing the
 disclosure of patient and related medical records.
   2. Any person or official required to report allegations of reportable
 incidents pursuant to this section may take or cause to be  taken  color
 photographs  of  visible  trauma  and  the face of the vulnerable person
 named in the report and upon the  consent  of  a  person  authorized  to
 consent  to  medical care for the vulnerable person, shall, if medically
 indicated, cause to be  performed  a  radiological  examination  of  the
 vulnerable  person.  Any  photographs or radiological examinations taken
 shall be provided to the justice center for use only for the purposes of
 an investigation of a reportable incident.
   3. (a) Any human services professional required  by  this  article  to
 report  a  case  of  suspected abuse or neglect to A 9-1-1 OPERATOR, THE
 COUNTY DISTRICT ATTORNEY'S OFFICE AND the  vulnerable  persons'  central
 register who knowingly and willfully fails to do so shall be guilty of a
 class [A misdemeanor] E FELONY.
   (b)  A mandated reporter who knowingly and willfully fails to report a
 case of suspected abuse or neglect  to  A  9-1-1  OPERATOR,  THE  COUNTY
 DISTRICT  ATTORNEY'S OFFICE AND the vulnerable persons' central register
 may be subject to termination,  subject  to  any  applicable  collective
 bargaining agreement. Any person or official required by this article to
 report  a  case  of  suspected abuse or neglect to A 9-1-1 OPERATOR, THE
 COUNTY DISTRICT ATTORNEY'S OFFICE AND the  vulnerable  persons'  central
 register  who  knowingly  and  willfully fails to do so shall be civilly
 liable for the damages proximately caused by such failure.
   4. A medical or other public or  private  institution,  state  agency,
 school,  facility or provider agency or its vendors or contractors shall
 not take any retaliatory personnel action, as such term  is  defined  in
 paragraph  (e)  of subdivision one of section seven hundred forty of the
 labor law, against an employee or agent or vendor or contractor  because
 such  employee  or agent or vendor or contractor believes that he or she
 has reasonable cause to  suspect  that  a  vulnerable  person  has  been
 subjected  to a reportable incident and that employee or agent or vendor
 or contractor therefore makes a report in accordance with  this  section
 and/or  cooperated  with  the  investigation of a reportable incident. A
 court of competent jurisdiction  may  grant  injunctive  relief  to  any
 person determined to have been subjected to such retaliation.
   5.  State  oversight  agencies  shall  ensure  that  all facilities or
 provider agencies operated, licensed, or certified by such  state  over-
 sight  agencies  have  policies  and procedures in place to identify and
 report possible crimes against a service recipient by a custodian. State
 oversight agencies shall provide  guidance  to  facilities  or  provider
 agencies  operated, licensed, or certified by such state oversight agen-
 A. 7004                             3
 
 cies that do not already have policies and procedures for the  identifi-
 cation and reporting of possible crimes.
   6.  ALL  STATE  AND  PRIVATE  AGENCIES  WITH MANDATORY REPORTERS SHALL
 RETRAIN ALL STAFF ON REPORTING  TO  A  9-1-1  OPERATOR  AND  THE  COUNTY
 DISTRICT  ATTORNEY'S OFFICE AND ALL STATE AND PRIVATE WEBSITES, TRAINING
 MANUALS, INFORMATIONAL BROCHURES OR PAMPHLETS DIRECTING REPORTING  SHALL
 STATE THAT SUCH INSTANCES BE REPORTED TO A 9-1-1 OPERATOR AND THE COUNTY
 DISTRICT  ATTORNEY'S OFFICE. ALL FORMER POSTERS AND WALLET CARDS AND ANY
 OTHER INFORMATION DIRECTING REPORTING OF CRIMES AND EMERGENCIES  TO  THE
 JUSTICE CENTER SHALL BE REMOVED AND REPLACED BY 9-1-1 REPORTING POSTERS,
 WALLET  CARDS  AND ALL OTHER SOURCES THAT SHALL BE LOCATED CONSPICUOUSLY
 IN A TIMELY MANNER.
   § 2. This act shall take effect immediately.