Senate Bill S29

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    29
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to  requiring  care
   providers  to  provide  information  in  cases  of  suspected domestic
   violence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Jamie Rose
 care provider act".
   §  2. The social services law is amended by adding a new section 459-i
 to read as follows:
   § 459-I. CARE PROVIDERS REQUIRED TO PROVIDE INFORMATION  IN  CASES  OF
 SUSPECTED  DOMESTIC VIOLENCE. 1. (A) CARE PROVIDERS IN CITIES, TOWNS AND
 VILLAGES (I) WITH A POPULATION LESS THAN ONE MILLION; AND  (II)  LOCATED
 IN A COUNTY IN WHICH THE COUNTY LEGISLATURE HAS DECLARED AN AGENCY OTHER
 THAN  A  LAW-ENFORCEMENT  AGENCY AS ITS PRIMARY DOMESTIC VIOLENCE AGENCY
 ARE REQUIRED TO PROVIDE DOMESTIC VIOLENCE SUPPORT INFORMATION OR, AT THE
 REQUEST OF THE SUSPECTED VICTIM, CAUSE A REPORT TO BE MADE IN ACCORDANCE
 WITH THIS ARTICLE WHEN THEY HAVE REASONABLE CAUSE  TO  SUSPECT  THAT  AN
 INDIVIDUAL COMING BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY
 IS  THE  VICTIM OF DOMESTIC VIOLENCE. FOR PURPOSES OF THIS SECTION "CARE
 PROVIDERS" SHALL INCLUDE, BUT ARE NOT LIMITED TO: ANY PHYSICIAN;  REGIS-
 TERED  PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; CORONER; DENTIST;
 DENTAL  HYGIENIST;  OSTEOPATH;  OPTOMETRIST;  CHIROPRACTOR;  PODIATRIST;
 RESIDENT;  INTERN;  PSYCHOLOGIST;  REGISTERED NURSE; NURSE PRACTITIONER;
 SOCIAL WORKER; EMERGENCY  MEDICAL  TECHNICIAN;  LICENSED  CREATIVE  ARTS
 THERAPIST;  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST;  LICENSED MENTAL
 HEALTH COUNSELOR; LICENSED  PSYCHOANALYST;  LICENSED  BEHAVIOR  ANALYST;
 CERTIFIED  BEHAVIOR ANALYST ASSISTANT; HOSPITAL PERSONNEL ENGAGED IN THE
 ADMISSION, EXAMINATION,  CARE  OR  TREATMENT  OF  PERSONS;  A  CHRISTIAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01714-01-3
 S. 29                               2
 
 SCIENCE PRACTITIONER; SCHOOL OFFICIAL, WHICH INCLUDES BUT IS NOT LIMITED
 TO  SCHOOL  TEACHER,  SCHOOL  GUIDANCE  COUNSELOR,  SCHOOL PSYCHOLOGIST,
 SCHOOL SOCIAL WORKER, SCHOOL NURSE, SCHOOL ADMINISTRATOR OR OTHER SCHOOL
 PERSONNEL  REQUIRED  TO  HOLD  A  TEACHING  OR ADMINISTRATIVE LICENSE OR
 CERTIFICATE; FULL OR PART-TIME COMPENSATED SCHOOL EMPLOYEE  REQUIRED  TO
 HOLD  A TEMPORARY COACHING LICENSE OR PROFESSIONAL COACHING CERTIFICATE;
 SOCIAL SERVICES WORKER; EMPLOYEE OF A PUBLICLY-FUNDED EMERGENCY  SHELTER
 FOR  FAMILIES  WITH  CHILDREN;  DIRECTOR OF A CHILDREN'S OVERNIGHT CAMP,
 SUMMER DAY CAMP OR TRAVELING SUMMER DAY CAMP, AS SUCH CAMPS ARE  DEFINED
 IN  SECTION  THIRTEEN  HUNDRED  NINETY-TWO OF THE PUBLIC HEALTH LAW; DAY
 CARE CENTER WORKER; SCHOOL-AGE CHILD CARE WORKER; PROVIDER OF FAMILY  OR
 GROUP  FAMILY  DAY  CARE;  EMPLOYEE  OR  VOLUNTEER IN A RESIDENTIAL CARE
 FACILITY FOR CHILDREN THAT IS LICENSED, CERTIFIED  OR  OPERATED  BY  THE
 OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES;  OR ANY OTHER CHILD CARE OR
 FOSTER CARE WORKER; MENTAL HEALTH PROFESSIONAL; SUBSTANCE ABUSE  COUNSE-
 LOR;  ALCOHOLISM  COUNSELOR;  ALL  PERSONS CREDENTIALED BY THE OFFICE OF
 ALCOHOLISM AND SUBSTANCE ABUSE SERVICES; PEACE OFFICER; POLICE  OFFICER;
 DISTRICT  ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
 IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL.
   (B) WHENEVER SUCH PERSON FILES A REPORT UNDER THIS ARTICLE IN  HIS  OR
 HER  CAPACITY  AS  A MEMBER OF THE STAFF OF A MEDICAL OR OTHER PUBLIC OR
 PRIVATE INSTITUTION, SCHOOL, FACILITY OR AGENCY, HE OR SHE  SHALL  IMME-
 DIATELY NOTIFY THE PERSON IN CHARGE OF SUCH INSTITUTION, SCHOOL, FACILI-
 TY  OR AGENCY, OR HIS OR HER DESIGNATED AGENT. SUCH PERSON IN CHARGE, OR
 THE DESIGNATED AGENT OF SUCH PERSON, SHALL BE RESPONSIBLE FOR ALL SUBSE-
 QUENT ADMINISTRATION  NECESSITATED  BY  THE  REPORT.  ANY  REPORT  SHALL
 INCLUDE  THE  NAME, TITLE AND CONTACT INFORMATION FOR EVERY STAFF PERSON
 OF THE INSTITUTION WHO IS BELIEVED TO HAVE DIRECT KNOWLEDGE OF THE ALLE-
 GATIONS IN THE REPORT. NOTHING IN THIS SECTION OR ARTICLE IS INTENDED TO
 REQUIRE MORE THAN ONE REPORT FROM ANY SUCH INSTITUTION, SCHOOL OR  AGEN-
 CY.
   (C) A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, SCHOOL, FACILITY
 OR  AGENCY 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 BECAUSE SUCH EMPLOYEE
 BELIEVES THAT HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDIVID-
 UAL IS THE VICTIM OF DOMESTIC VIOLENCE AND THAT EMPLOYEE THEREFORE MAKES
 A REPORT IN ACCORDANCE WITH THIS ARTICLE AT THE REQUEST OF THE SUSPECTED
 VICTIM. NO SCHOOL, SCHOOL OFFICIAL, CHILD  CARE  PROVIDER,  FOSTER  CARE
 PROVIDER, RESIDENTIAL CARE FACILITY PROVIDER, HOSPITAL, MEDICAL INSTITU-
 TION PROVIDER OR MENTAL HEALTH FACILITY PROVIDER SHALL IMPOSE ANY CONDI-
 TIONS,  INCLUDING PRIOR APPROVAL OR PRIOR NOTIFICATION, UPON A MEMBER OF
 THEIR STAFF WHO FILES A REPORT UNDER THIS ARTICLE.
   2. ANY PERSON, INSTITUTION, SCHOOL,  FACILITY,  AGENCY,  ORGANIZATION,
 PARTNERSHIP  OR  CORPORATION WHICH EMPLOYS PERSONS THAT FILE A REPORT OF
 SUSPECTED INCIDENTS OF DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION ONE  OF
 THIS  SECTION SHALL MAKE A GOOD-FAITH EFFORT TO PROVIDE ALL SUCH CURRENT
 AND NEW EMPLOYEES WITH  WRITTEN  INFORMATION  EXPLAINING  THE  REPORTING
 PROCESS  SET  OUT IN SUCH SUBDIVISION. SUCH WRITTEN INFORMATION SHALL BE
 PREPARED BY THE ADVISORY COUNCIL OF THE OFFICE  FOR  THE  PREVENTION  OF
 DOMESTIC  VIOLENCE,  AND  SHALL  BE MADE AVAILABLE ON THE OFFICE FOR THE
 PREVENTION OF DOMESTIC VIOLENCE WEBSITE.  THE EMPLOYERS SHALL BE RESPON-
 SIBLE FOR THE COSTS ASSOCIATED WITH PRINTING AND DISTRIBUTING THE  WRIT-
 TEN  INFORMATION.  IF AN EMPLOYER IS UNABLE TO PROVIDE SUCH INFORMATION,
 THE EMPLOYER MAY REQUEST THE  OFFICE  FOR  THE  PREVENTION  OF  DOMESTIC
 VIOLENCE MAIL THE INFORMATION TO SUCH EMPLOYER.
 S. 29                               3
 
   3.  THE  OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL CREATE A
 FORM FOR THE REPORTING OF SUSPECTED DOMESTIC VIOLENCE CASES DESCRIBED IN
 SUBDIVISION ONE OF THIS SECTION. SUCH FORM SHALL BE PROVIDED BY A PERSON
 THAT FILES  A  REPORT  OF  SUSPECTED  DOMESTIC  VIOLENCE  CASES  TO  THE
 SUSPECTED  VICTIM  OF  DOMESTIC VIOLENCE, AND SHALL BE MADE AVAILABLE ON
 THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE  WEBSITE.  SUCH  FORM
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION OF THE CIRCUMSTANCES
 LEADING  TO  THE SUSPECTED CASE OF DOMESTIC VIOLENCE, THE ALLEGED PERPE-
 TRATOR OF DOMESTIC VIOLENCE AND THE DATE OF THE SUSPECTED INCIDENT. SUCH
 FORM SHALL BE SUBMITTED BY THE  CARE  PROVIDER  TO  THE  COUNTY  PRIMARY
 DOMESTIC  VIOLENCE AGENCY.   SUCH PRIMARY DOMESTIC VIOLENCE AGENCY SHALL
 KEEP ALL SUCH FORMS ON FILE.
   4. ANY EMPLOYER WHICH EMPLOYS A CARE PROVIDER SHALL HOLD ANNUAL TRAIN-
 INGS FOR CARE PROVIDERS ON  HOW  TO  RECOGNIZE  THE  SIGNS  OF  DOMESTIC
 VIOLENCE.
   5.  FOR  PURPOSES  OF THIS SECTION "DOMESTIC VIOLENCE SUPPORT INFORMA-
 TION" SHALL INCLUDE, BUT NOT BE LIMITED TO, MATERIALS DISCUSSING OPTIONS
 THAT A SURVIVOR OF DOMESTIC VIOLENCE HAS IN  ORDER  TO  PROTECT  HIM  OR
 HERSELF  AT  ANY  GIVEN  TIME, AND THE RESOURCES THAT A PRIMARY DOMESTIC
 VIOLENCE AGENCY PROVIDES IN THE COUNTY. SUCH MATERIAL SHALL  BE  UPDATED
 BY THE PRIMARY DOMESTIC VIOLENCE AGENCY IN THE COUNTY EVERY TWO YEARS.
   6.  THE  SUSPECTED  DOMESTIC  VIOLENCE  VICTIM SHALL HAVE THE RIGHT TO
 REFUSE DOMESTIC VIOLENCE SUPPORT INFORMATION AT ANY TIME.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.