S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8733
 
                             I N  S E N A T E
 
                               March 5, 2024
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the  social  services  law,  in  relation  to  mandatory
   reporting of senior abuse or maltreatment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Article 9-B of the social services law is amended by adding
 a new title 4 to read as follows:
                                   TITLE 4
                        DUTY TO REPORT SENIOR ABUSE
 SECTION 473-F. DUTY TO REPORT SENIOR ABUSE.
   § 473-F. DUTY TO REPORT SENIOR ABUSE. 1. AS USED IN THIS SECTION:
   (A) "SENIOR" MEANS A PERSON SIXTY YEARS OF AGE OR OLDER.
   (B) "PERSON LEGALLY RESPONSIBLE FOR A SENIOR" MEANS AND  INCLUDES  THE
 SENIOR'S  CUSTODIAN, GUARDIAN OR ANY OTHER PERSON FORMALLY OR INFORMALLY
 RESPONSIBLE FOR THE SENIOR'S CARE  AT  THE  RELEVANT  TIME,  ANY  PERSON
 ACTING  WITH  POWER  OF  ATTORNEY,  TRUSTEE APPOINTED BY A COURT, OR ANY
 PERSON WHO BY CONSENT, CONTRACT OR  LEGAL  ORDER  ACTS  TO  ARRANGE  THE
 AFFAIRS OF THE SENIOR.
   (C)  "ABUSED  SENIOR" MEANS AND INCLUDES A SENIOR ABUSED IN ANY OF THE
 FOLLOWING MANNERS:
   (I) "PHYSICAL ABUSE"  MEANS  THE  NON-ACCIDENTAL  USE  OF  FORCE  THAT
 RESULTS  IN  THE SUFFERING OF BODILY INJURY, PHYSICAL PAIN OR IMPAIRMENT
 RESULTING FROM THE USE OF PHYSICAL FORCE AGAINST A SENIOR, INCLUDING BUT
 NOT LIMITED TO, STRIKING WITH OR WITHOUT AN  OBJECT,  HITTING,  BEATING,
 PUSHING,  SHOVING,  SHAKING,  KICKING,  PINCHING, BEING SLAPPED, BURNED,
 CUT, BRUISED OR IMPROPERLY PHYSICALLY RESTRAINED.  PHYSICAL  ABUSE  ALSO
 INCLUDES  ANY  PHYSICAL  SIGNS  OF  IMPAIRMENT  OR OF BEING SUBJECTED TO
 PUNISHMENT, OR SIGNS OF BEING RESTRAINED, OR A SENIOR'S REPORT OF  BEING
 HIT, SLAPPED, KICKED, OR MISTREATED.
   (II)  "SEXUAL  ABUSE"  MEANS NON-CONSENSUAL SEXUAL CONTACT OF ANY KIND
 WITH A SENIOR, INCLUDING BUT NOT LIMITED TO, UNWANTED  TOUCHING,  SEXUAL
 ASSAULT  OR BATTERY, RAPE, SODOMY, COERCED NUDITY, AND SEXUALLY EXPLICIT
 PHOTOGRAPHING, FORCING SEXUAL CONTACT OR FORCING SEX WITH A THIRD PARTY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14766-01-4
 S. 8733                             2
 
   (III) "EMOTIONAL OR PSYCHOLOGICAL ABUSE" MEANS WILLFUL  INFLICTION  OF
 MENTAL  OR  EMOTIONAL  ANGUISH  BY  THREAT, HUMILIATION, INTIMIDATION OR
 OTHER ABUSIVE CONDUCT, INCLUDING BUT  NOT  LIMITED  TO,  FRIGHTENING  OR
 ISOLATING  AN  ADULT.  EMOTIONAL OR PSYCHOLOGICAL ABUSE MAY ALSO INCLUDE
 THE  INFLICTION OF ANGUISH, PAIN OR DISTRESS THROUGH VERBAL OR NONVERBAL
 ACTS, INCLUDING BUT NOT LIMITED TO VERBAL  ASSAULTS,  INSULTS,  THREATS,
 INTIMIDATION,  HUMILIATION,  AND  HARASSMENT,  INFANTILIZING  A  SENIOR,
 ISOLATING A SENIOR FROM HIS OR HER FAMILY,  FRIENDS  OR  REGULAR  ACTIV-
 ITIES, OR ENFORCED SOCIAL ISOLATION, THE RESULTS OF WHICH MAY BE EVINCED
 BY  IMPAIRMENTS  INCLUDING BUT NOT LIMITED TO THE CAREGIVER'S REFUSAL TO
 ALLOW VISITORS TO SEE A SENIOR ALONE, OR CHANGES IN THE SENIOR'S  BEHAV-
 IOR THAT RESULT IN THE SENIOR BEING EMOTIONALLY UPSET OR AGITATED, BEING
 EXTREMELY  WITHDRAWN  AND  NONCOMMUNICATIVE  OR  NONRESPONSIVE,  UNUSUAL
 BEHAVIOR USUALLY ATTRIBUTED TO DEMENTIA (E.G.   SUCKING,  BITING,  ROCK-
 ING).
   (IV)  "NEGLECT"  MEANS THE REFUSAL OR FAILURE TO FULFILL ANY PART OF A
 PERSON'S OBLIGATIONS OR DUTIES TO A SENIOR, FAILURE OF A PERSON WHO  HAS
 FIDUCIARY  RESPONSIBILITIES  TO PROVIDE CARE FOR A SENIOR OR THE FAILURE
 ON THE PART OF AN IN-HOME SERVICE PROVIDER  TO  PROVIDE  SUCH  NECESSARY
 CARE, INCLUDING THE REFUSAL OR FAILURE TO PROVIDE AN ELDERLY PERSON WITH
 SUCH  LIFE  NECESSITIES  AS  FOOD,  WATER,  CLOTHING,  SHELTER, PERSONAL
 HYGIENE,  MEDICINE,  COMFORT,  PERSONAL  SAFETY,  AND  OTHER  ESSENTIALS
 INCLUDED IN AN IMPLIED OR AGREED-UPON RESPONSIBILITY TO SUCH SENIOR, THE
 RESULTS  OF WHICH MAY BE EVINCED BY SUCH VISIBLE PHYSICAL IMPAIRMENTS AS
 DEHYDRATION,  MALNUTRITION,  UNTREATED  BED  SORES,  AND  POOR  PERSONAL
 HYGIENE,  UNATTENDED  OR  UNTREATED HEALTH PROBLEMS, HAZARDOUS OR UNSAFE
 LIVING CONDITIONS/ARRANGEMENTS, UNSANITARY AND UNCLEAN LIVING CONDITIONS
 (E.G. DIRT, FLEAS, LICE ON PERSON, SOILED  BEDDING,  FECAL/URINE  SMELL,
 INADEQUATE CLOTHING).
   (V) "ABANDONMENT" MEANS THE DESERTION OF A SENIOR BY AN INDIVIDUAL WHO
 HAS  ASSUMED  RESPONSIBILITY FOR PROVIDING CARE FOR SUCH SENIOR, OR BY A
 PERSON WITH PHYSICAL CUSTODY OF A SENIOR, INCLUDING BUT NOT  LIMITED  TO
 THE  DESERTION  OF  A SENIOR AT A HOSPITAL, A NURSING FACILITY, OR OTHER
 SIMILAR INSTITUTION, OR THE DESERTION OF A SENIOR AT A  SHOPPING  CENTER
 OR OTHER PUBLIC LOCATION; OR A SENIOR'S REPORT OF BEING ABANDONED.
   (VI) "FINANCIAL OR MATERIAL EXPLOITATION" MEANS THE ILLEGAL OR IMPROP-
 ER USE OF A SENIOR'S FUNDS, PROPERTY, OR ASSETS, INCLUDING WITHOUT LIMI-
 TATION  CASHING  A  SENIOR'S CHECKS WITHOUT AUTHORIZATION OR PERMISSION,
 FORGING A SENIOR'S SIGNATURE, MISUSING OR STEALING A SENIOR'S  MONEY  OR
 POSSESSIONS, COERCING OR DECEIVING A SENIOR INTO SIGNING A DOCUMENT SUCH
 AS  A  CONTRACT OR A WILL, OR IMPROPER USE OF CONSERVATORSHIP, GUARDIAN-
 SHIP, OR POWER OF ATTORNEY.
   (VII) "SELF-NEGLECT" MEANS THE BEHAVIOR  OF  AN  ELDERLY  PERSON  THAT
 THREATENS HIS OR HER OWN HEALTH OR SAFETY THROUGH THE REFUSAL OR FAILURE
 TO PROVIDE HIMSELF OR HERSELF WITH ADEQUATE FOOD, WATER, CLOTHING, SHEL-
 TER,  PERSONAL  HYGIENE, MEDICATION (WHEN INDICATED), AND SAFETY PRECAU-
 TIONS.
   2. ADULT PROTECTIVE SERVICES SHALL ESTABLISH A REGISTRY THAT SHALL  BE
 CAPABLE  OF  RECEIVING  REPORTS BY TELEPHONE, FAX, E-MAIL, AND ANY OTHER
 FORMS OF COMMUNICATION THE LOCAL COMMISSIONER OF SOCIAL  SERVICES  DEEMS
 APPROPRIATE,  ALLEGING  THAT  A  SENIOR  HAS BECOME AN ABUSED SENIOR, OR
 IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ABUSE INVOLVING SUCH SENIOR  OR
 OTHER PERSONS NAMED IN THE REPORT.
   3.  THE  FOLLOWING PERSONS ARE REQUIRED TO REPORT OR CAUSE A REPORT TO
 BE MADE IN ACCORDANCE WITH THIS SECTION  WHEN,  WHILE  ACTING  IN  THEIR
 PROFESSIONAL OR OFFICIAL CAPACITY, THEY HAVE REASONABLE CAUSE TO SUSPECT
 S. 8733                             3
 
 THAT  A SENIOR COMING BEFORE THEM IS AN ABUSED SENIOR, OR WHEN THEY HAVE
 REASONABLE CAUSE TO SUSPECT THAT  A  SENIOR  IS  AN  ABUSED  SENIOR,  AS
 DEFINED IN SUBDIVISION ONE OF THIS SECTION:
   (A) ANY HEALTH CARE WORKER, INCLUDING ANY PHYSICIAN, PHYSICIAN ASSIST-
 ANT,  SURGEON,  MEDICAL  EXAMINER,  CORONER,  DENTIST, DENTAL HYGIENIST,
 OSTEOPATH,  OPTOMETRIST,  CHIROPRACTOR,  PODIATRIST,  RESIDENT,  INTERN,
 PSYCHOLOGIST,  REGISTERED  NURSE,  EMERGENCY  MEDICAL TECHNICIAN, OR ANY
 HOSPITAL OR NURSING HOME AND ASSISTED LIVING PERSONNEL  ENGAGED  IN  THE
 ADMISSION,  EXAMINATION,  CARE  OR  TREATMENT  OF  PERSONS, OR ANY OTHER
 HEALTH CARE OR  HEALTH  SERVICES  PRACTITIONER,  INCLUDING  A  CHRISTIAN
 SCIENCE PRACTITIONER, ACUPUNCTURIST, OR OTHER SUCH PERSON;
   (B)  ANY  SOCIAL  WORKER,  SOCIAL  SERVICES WORKER, OR ANY PROVIDER OF
 FAMILY OR GROUP FAMILY DAY CARE;
   (C) ANY MENTAL HEALTH PROFESSIONAL, SUBSTANCE ABUSE COUNSELOR OR ALCO-
 HOLISM COUNSELOR;
   (D) ANY PERSON, INCLUDING A DIRECTOR, OPERATOR,  EMPLOYEE,  VOLUNTEER,
 OR  CONTRACTOR,  IN  A PUBLIC, PRIVATE, OR NOT-FOR-PROFIT FACILITY WHICH
 PROVIDES CARE TO ONE OR MORE SENIORS AND WHICH IS LICENSED OR REGISTERED
 PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR THE PUBLIC HEALTH LAW;
   (E) ANY PEACE OFFICER, POLICE OFFICER, DISTRICT ATTORNEY OR  ASSISTANT
 DISTRICT  ATTORNEY,  INVESTIGATOR  EMPLOYED  IN THE OFFICE OF A DISTRICT
 ATTORNEY OR OTHER LAW ENFORCEMENT OFFICIAL; AND
   (F) ANY BANKER, FINANCIAL  CONSULTANT,  ATTORNEY,  OR  PARALEGAL  WITH
 ACCESS  TO  A SENIOR'S FINANCIAL RECORDS OR RESOURCES OR LEGAL DOCUMENTS
 OR WHO POSSESSES POWER OF ATTORNEY FOR SUCH SENIOR.
   THE LOCAL COMMISSIONER OF SOCIAL SERVICES  SHALL  FURTHER  DEFINE  AND
 ENUMERATE  IN  REGULATIONS PERSONS AND OCCUPATIONS WHICH ARE REQUIRED TO
 REPORT WHEN THEY SUSPECT THAT A SENIOR HAS BECOME AN ABUSED SENIOR.
   4. REPORTS OF SENIOR ABUSE MADE PURSUANT TO THIS SECTION SHALL BE MADE
 WITHIN FORTY-EIGHT HOURS OF DISCOVERY TO ADULT  PROTECTIVE  SERVICES  BY
 TELEPHONE,  FAX,  E-MAIL  OR  ANY OTHER COMMUNICATION PROTOCOL ON A FORM
 SUPPLIED BY THE LOCAL COMMISSIONER  OF  SOCIAL  SERVICES.  ORAL  REPORTS
 SHALL  BE FOLLOWED BY A REPORT IN WRITING WITHIN FORTY-EIGHT HOURS AFTER
 SUCH ORAL REPORT.
   5. WRITTEN REPORTS SHALL BE MADE IN A  MANNER  PRESCRIBED  BY  AND  ON
 FORMS  SUPPLIED  BY  THE LOCAL COMMISSIONER OF SOCIAL SERVICES AND SHALL
 INCLUDE THE FOLLOWING INFORMATION:
   (A) THE NAME AND ADDRESS OF THE SENIOR;
   (B) THE PERSON RESPONSIBLE FOR HIS OR HER CARE, IF KNOWN;
   (C) THE NAME AND ADDRESS OF THE CARE FACILITY OR PROGRAM IN WHICH  THE
 SENIOR RESIDES OR IS RECEIVING CARE;
   (D) THE SENIOR'S AGE, SEX AND RACE;
   (E)  THE  NATURE  AND  EXTENT  OF THE INJURIES, ABUSE OR MALTREATMENT,
 INCLUDING ANY EVIDENCE OF PRIOR INJURIES, ABUSE OR MALTREATMENT;
   (F) THE NAME OF THE PERSON OR PERSONS ALLEGED TO  BE  RESPONSIBLE  FOR
 CAUSING THE INJURY, ABUSE OR MALTREATMENT, IF KNOWN;
   (G) FAMILY COMPOSITION, WHERE APPROPRIATE;
   (H) THE SOURCE OF THE REPORT;
   (I) THE PERSON MAKING THE REPORT AND WHERE HE OR SHE CAN BE REACHED;
   (J) THE ACTIONS TAKEN BY THE REPORTING SOURCE, INCLUDING THE TAKING OF
 PHOTOGRAPHS  AND  TECHNOLOGICAL SCANS, OR NOTIFYING THE MEDICAL EXAMINER
 OR CORONER; AND
   (K) ANY OTHER INFORMATION  WHICH  THE  LOCAL  COMMISSIONER  OF  SOCIAL
 SERVICES  MAY  BY  REGULATION  REQUIRE,  OR  WHICH THE PERSON MAKING THE
 REPORT BELIEVES MIGHT BE HELPFUL, IN THE FURTHERANCE OF THE  INTENT  AND
 PURPOSES OF THIS ARTICLE.
 S. 8733                             4
 
   6.  WHENEVER  SUCH PERSON REQUIRED TO REPORT UNDER THIS SECTION IN HIS
 OR HER CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL OR OTHER PUBLIC OR
 PRIVATE INSTITUTION, FACILITY OR AGENCY, HE OR SHE SHALL MAKE THE REPORT
 AS REQUIRED BY THIS SECTION AND IMMEDIATELY NOTIFY THE PERSON IN  CHARGE
 OF SUCH INSTITUTION, FACILITY OR AGENCY, OR THE DESIGNATED AGENT OF SUCH
 PERSON.  SUCH  PERSON IN CHARGE, OR THE DESIGNATED AGENT OF SUCH PERSON,
 SHALL BE RESPONSIBLE FOR ALL SUBSEQUENT ADMINISTRATION  NECESSITATED  BY
 THE REPORT. NOTHING IN THIS SECTION IS INTENDED TO REQUIRE MORE THAN ONE
 REPORT FROM ANY SUCH INSTITUTION, FACILITY OR AGENCY.
   7.  A  PERSON OR OFFICIAL REQUIRED TO REPORT SUSPECTED SENIOR ABUSE OR
 MALTREATMENT WHO HAS REASONABLE CAUSE TO SUSPECT THAT A SENIOR DIED AS A
 RESULT OF ABUSE OR MALTREATMENT SHALL REPORT THE FACT TO THE APPROPRIATE
 MEDICAL EXAMINER OR CORONER.  THE  MEDICAL  EXAMINER  OR  CORONER  SHALL
 ACCEPT  THE REPORT FOR INVESTIGATION AND SHALL REPORT HIS OR HER FINDING
 TO THE POLICE, THE  APPROPRIATE  DISTRICT  ATTORNEY,  THE  LOCAL  SOCIAL
 SERVICES  OFFICE,  AND, IF THE INSTITUTION MAKING THE REPORT IS A HOSPI-
 TAL, THE HOSPITAL.
   8. A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, FACILITY OR AGEN-
 CY 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  COMING  BEFORE  HIM  OR  HER  IS  A VICTIM OF SENIOR ABUSE AND THAT
 EMPLOYEE THEREFORE MAKES A REPORT IN ACCORDANCE WITH  THIS  SECTION.  NO
 RESIDENTIAL   CARE  FACILITY  PROVIDER,  HOSPITAL,  MEDICAL  INSTITUTION
 PROVIDER OR MENTAL HEALTH FACILITY PROVIDER SHALL IMPOSE ANY CONDITIONS,
 INCLUDING PRIOR APPROVAL OR PRIOR NOTIFICATION, UPON A MEMBER  OF  THEIR
 STAFF SPECIFICALLY REQUIRED TO REPORT UNDER THIS SECTION. AT THE TIME OF
 THE  MAKING OF A REPORT, OR AT ANY TIME THEREAFTER, SUCH PERSON OR OFFI-
 CIAL MAY EXERCISE THE RIGHT TO REQUEST THE FINDINGS OF AN  INVESTIGATION
 MADE PURSUANT TO THIS SECTION.
   9.  ANY  PERSON, INSTITUTION, FACILITY, AGENCY, ORGANIZATION, PARTNER-
 SHIP OR CORPORATION WHICH EMPLOYS PERSONS MANDATED TO  REPORT  SUSPECTED
 SENIOR ABUSE SHALL PROVIDE ALL SUCH CURRENT AND NEW EMPLOYEES WITH WRIT-
 TEN  INFORMATION  EXPLAINING  THE REPORTING REQUIREMENTS SET OUT IN THIS
 SECTION. THE EMPLOYERS SHALL BE RESPONSIBLE  FOR  THE  COSTS  ASSOCIATED
 WITH PRINTING AND DISTRIBUTING THE WRITTEN INFORMATION.
   10.  ANY  PERSON,  OFFICIAL OR INSTITUTION REQUIRED BY THIS SECTION TO
 REPORT A CASE OF SUSPECTED ABUSE OR MALTREATMENT OF A SENIOR  WHO  WILL-
 FULLY  FAILS TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR AND SHALL
 BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
   § 2. This act shall take effect immediately. Effective immediately the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such date.