S. 7865 2
standards relating to torture of detained or incarcerated individuals,
and related matters. It is guided by basic principles: (1) health
professionals shall be dedicated to providing the highest standard of
care, with compassion and respect for human dignity and rights; and (2)
torture of detained or incarcerated individuals is wrong and inconsist-
ent with the practice of the health professions and all persons respon-
sible for the care and custody of detained or incarcerated individuals.
The legislature further finds that the conduct prohibited by this act
violates the ethical and legal obligations of licensed health profes-
sionals and all others working or volunteering in a detention facility.
§ 3. The public health law is amended by adding a new section 25 to
read as follows:
§ 25. PARTICIPATION IN TORTURE OF DETAINED OR INCARCERATED INDIVIDUALS
BY HEALTH PROFESSIONALS. 1. DEFINITIONS. AS USED IN THIS SECTION,
UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, THE FOLLOWING TERMS HAVE
THE FOLLOWING MEANINGS:
(A) "HEALTH PROFESSIONAL" MEANS ANY PERSON LICENSED, REGISTERED,
CERTIFIED, OR EXEMPT TO PRACTICE UNDER (I) ANY OF THE FOLLOWING ARTICLES
OF THE EDUCATION LAW: ONE HUNDRED THIRTY-ONE (MEDICINE), ONE HUNDRED
THIRTY-ONE-B (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-ONE-C (SPECIAL-
IST ASSISTANTS), ONE HUNDRED THIRTY-TWO (CHIROPRACTIC), ONE HUNDRED
THIRTY-THREE (DENTISTRY, DENTAL HYGIENE, AND REGISTERED DENTAL ASSIST-
ING), ONE HUNDRED THIRTY-SIX (PHYSICAL THERAPY AND PHYSICAL THERAPIST
ASSISTANTS), ONE HUNDRED THIRTY-SEVEN (PHARMACY), ONE HUNDRED THIRTY-
NINE (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY PRACTICE ACT),
ONE HUNDRED FORTY-ONE (PODIATRY), ONE HUNDRED FORTY-THREE (OPTOMETRY),
ONE HUNDRED FORTY-FOUR (OPHTHALMIC DISPENSING), ONE HUNDRED FIFTY-THREE
(PSYCHOLOGY), ONE HUNDRED FIFTY-FOUR (SOCIAL WORK), ONE HUNDRED FIFTY-
FIVE (MASSAGE THERAPY), ONE HUNDRED FIFTY-SIX (OCCUPATIONAL THERAPY),
ONE HUNDRED FIFTY-SEVEN (DIETETICS AND NUTRITION), ONE HUNDRED FIFTY-
NINE (SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS), ONE HUNDRED SIXTY
(ACUPUNCTURE), ONE HUNDRED SIXTY-THREE (MENTAL HEALTH PRACTITIONERS),
ONE HUNDRED SIXTY-FOUR (RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY
TECHNICIANS), ONE HUNDRED SIXTY-FIVE (CLINICAL LABORATORY TECHNOLOGY
PRACTICE ACT), OR ONE HUNDRED SIXTY-SIX (MEDICAL PHYSICS PRACTICE), OR
(II) ARTICLE THIRTY-FIVE OF THIS CHAPTER (PRACTICE OF RADIOLOGIC TECH-
NOLOGY).
(B) "TORTURE" MEANS ANY INTENTIONAL ACT OR INTENTIONAL OMISSION BY
WHICH SEVERE PAIN OR SUFFERING, WHETHER PHYSICAL OR MENTAL, IS INFLICTED
ON A PERSON FOR NO LAWFUL PURPOSE OR FOR SUCH PURPOSES AS OBTAINING FROM
THE PERSON OR FROM A THIRD PERSON INFORMATION OR A CONFESSION, PUNISHING
OR DISCIPLINING OR RETALIATING AGAINST THE PERSON FOR AN ACT THE PERSON
OR A THIRD PERSON HAS CARRIED OUT (INCLUDING THE HOLDING OF A BELIEF OR
MEMBERSHIP IN ANY GROUP) OR IS SUSPECTED OF HAVING OR PERCEIVED TO HAVE
CARRIED OUT, OR INTIMIDATING OR COERCING THE PERSON OR A THIRD PERSON,
OR FOR ANY REASON BASED ON DISCRIMINATION OF ANY KIND.
(I) "TORTURE" INCLUDES ANY CRUEL, INHUMAN OR DEGRADING TREATMENT OR
PUNISHMENT AS THOSE TERMS AND PRINCIPLES ARE DEFINED AND ARTICULATED IN
RELEVANT INTERNATIONAL TREATIES AND STANDARDS INCLUDING BUT NOT LIMITED
TO THE CONVENTION AGAINST TORTURE, AND OTHER CRUEL, INHUMANE, OR DEGRAD-
ING TREATMENT OR PUNISHMENT, THE ISTANBUL PROTOCOL, THE INTERNATIONAL
COVENANT ON CIVIL AND POLITICAL RIGHTS, THE UNITED NATIONS STANDARD
MINIMUM RULES FOR TREATMENT OF PRISONERS, THE BODY OF PRINCIPLES FOR THE
PROTECTION OF ALL PERSONS UNDER ANY FORM OF DETENTION OR IMPRISONMENT,
THE BASIC PRINCIPLES FOR THE TREATMENT OF PRISONERS, AND THE UNITED
S. 7865 3
NATIONS STANDARD MINIMUM RULES FOR THE ADMINISTRATION OF JUVENILE
JUSTICE AND THEIR CORRESPONDING INTERPRETING BODIES.
(II) "TORTURE" ALSO INCLUDES ANY CRUEL AND UNUSUAL PUNISHMENT AS
DEFINED IN THE UNITED STATES CONSTITUTION OR THE NEW YORK STATE CONSTI-
TUTION.
(C) "COVERED FACILITY" MEANS ANY FACILITY IN NEW YORK WHERE A HEALTH
PROFESSIONAL LICENSED BY THE STATE WORKS, INCLUDING BUT NOT LIMITED TO A
CORRECTIONAL FACILITY, A LOCAL CORRECTIONAL FACILITY, A JUVENILE OFFEN-
DER FACILITY, A COUNTY DETENTION FACILITY FOR JUVENILE DELINQUENTS AND
PERSONS IN NEED OF SUPERVISION, A POLICE DETENTION FACILITY, AND A
FACILITY IN WHICH A PERSON IS DETAINED DUE TO THEIR IMMIGRATION STATUS.
(D) "INCARCERATED INDIVIDUAL" MEANS ANY PERSON WHO IS SUBJECT TO
DETENTION OR INCARCERATION.
(E) TO "ADVERSELY AFFECT" A PERSON'S PHYSICAL OR MENTAL HEALTH OR
CONDITION DOES NOT INCLUDE CAUSING ADVERSE EFFECTS THAT MAY ARISE FROM
TREATMENT OR CARE WHEN THAT TREATMENT OR CARE IS PERFORMED IN ACCORDANCE
WITH GENERALLY APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS AND
FOR THE PURPOSES OF EVALUATING, TREATING, PROTECTING OR IMPROVING THE
PERSON'S HEALTH.
(F) "INTERROGATION" MEANS THE QUESTIONING OF AN INDIVIDUAL WHO HAS
BEEN INCARCERATED, DETAINED, OR WHOSE FREEDOM OF MOVEMENT HAS BEEN
OTHERWISE RESTRICTED BY A LAW ENFORCING ENTITY, ORGANIZATION, OR OFFI-
CIAL.
(I) "INTERROGATION" INCLUDES THE QUESTIONING OF SUCH INDIVIDUAL TO AID
OR ACCOMPLISH ANY ILLEGAL OR NOT LEGALLY SANCTIONED ACTIVITY OR PURPOSE.
(II) "INTERROGATION" DOES NOT INCLUDE QUESTIONING BY HEALTH PROFES-
SIONALS TO ASSESS THE PHYSICAL OR MENTAL CONDITION OF AN INDIVIDUAL IF
UNDERTAKEN IN ACCORDANCE WITH GENERALLY APPLICABLE LEGAL, HEALTH AND
PROFESSIONAL STANDARDS AND FOR THE PURPOSES OF EVALUATING, TREATING,
PROTECTING OR IMPROVING THE PERSON'S HEALTH.
(G) "CONFLICT OF INTEREST" MEANS A SITUATION IN WHICH A HEALTH PROFES-
SIONAL'S PERSONAL, PROFESSIONAL, FINANCIAL, OR OTHER INTERESTS OR
RELATIONSHIPS COULD INFLUENCE SUCH PROFESSIONAL'S OBJECTIVITY, COMPE-
TENCE, OR EFFECTIVENESS IN PERFORMING THEIR PROFESSIONAL RESPONSIBIL-
ITIES AS SET FORTH IN ANY FEDERAL OR STATE LAW OR ANY CODE, RULES, OR
REGULATIONS, WHICH GOVERN THE HEALTH PROFESSIONAL'S PROFESSION AND THE
REQUIREMENTS SET FORTH BY THIS SECTION.
(I) "CONFLICT OF INTEREST" INCLUDES, BUT IS NOT LIMITED TO, HAVING
PRESENT DURING A MEDICAL ENCOUNTER CLOSE RELATIVES OF THE HEALTH PROFES-
SIONAL OR A PERSON WITH WHOM THE HEALTH PROFESSIONAL LIVES IN A CLOSE
RELATIONSHIP.
(II) "CONFLICT OF INTEREST" ALSO INCLUDES WHEN A PATIENT REPORTS THAT,
DURING A MEDICAL ENCOUNTER, A PERSON MAY HAVE BEEN INVOLVED IN IMPROPER
TREATMENT OF THE PATIENT OR ANOTHER INDIVIDUAL AND THE HEALTH PROFES-
SIONAL REALIZES THAT SUCH IDENTIFIED PERSON IS A CLOSE RELATIVE OF THE
HEALTH PROFESSIONAL OR A PERSON WITH WHOM THE PROFESSIONAL LIVES IN A
CLOSE RELATIONSHIP.
2. KNOWLEDGE. A HEALTH PROFESSIONAL WHO RECEIVES INFORMATION THAT
INDICATES THAT AN INCARCERATED INDIVIDUAL AS DEFINED BY THIS SECTION IS
BEING, MAY IN THE FUTURE BE, OR HAS BEEN SUBJECTED TO TORTURE, SHALL USE
DUE DILIGENCE IN FULFILLING ALL OF THEIR RESPONSIBILITIES UNDER THIS
SECTION.
3. GENERAL OBLIGATIONS OF HEALTH PROFESSIONALS. (A) EVERY HEALTH
PROFESSIONAL SHALL PROVIDE EVERY INCARCERATED INDIVIDUAL UNDER THEIR
PROFESSIONAL CARE WITH CARE OR TREATMENT CONSISTENT WITH GENERALLY
APPLICABLE LEGAL, HEALTH AND PROFESSIONAL STANDARDS TO THE EXTENT THAT
S. 7865 4
THEY ARE REASONABLY ABLE TO DO SO UNDER THE CIRCUMSTANCES, INCLUDING
PROTECTING THE CONFIDENTIALITY OF PATIENT INFORMATION.
(B) STATE AND LOCAL CORRECTIONAL FACILITIES SHALL PROVIDE VISUAL AND
AUDITORY PRIVACY TO ENSURE PATIENT-PROVIDER CONFIDENTIALITY, AS REQUIRED
BY APPLICABLE STATE AND FEDERAL LAWS, DURING ALL HEALTH ENCOUNTERS
INVOLVING PERSONS HELD UNDER THEIR JURISDICTION. NON-HEALTH PERSONNEL
SHALL NOT BE PRESENT IN THE AREAS IN WHICH THE ENCOUNTER IS OCCURRING
UNLESS THEIR PRESENCE IS PERMITTED PURSUANT TO THIS SECTION, AND SHALL
REMAIN SUFFICIENTLY DISTANT TO MAINTAIN PATIENT-PROVIDER CONFIDENTIALITY
SO THAT CONVERSATIONS BETWEEN AN INDIVIDUAL WHO HAS BEEN INCARCERATED,
DETAINED, OR WHOSE FREEDOM OF MOVEMENT HAS BEEN RESTRICTED AND HEALTH
PROFESSIONALS CANNOT BE OVERHEARD AND PATIENTS' VISUAL PRIVACY DURING
SUCH ENCOUNTERS CAN BE MAINTAINED, EXCEPT WHEN NON-HEALTH PROFESSIONALS'
PRESENCE IS REQUESTED BY A HEALTH PROFESSIONAL PURSUANT TO THIS PARA-
GRAPH. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO MAXI-
MIZE SUCH CONFIDENTIALITY. SUCH RULES AND REGULATIONS SHALL: (I) PROVIDE
FOR SECURE AND, WHEN REASONABLE, UNIFORM FILING OF HEALTH RECORDS AND
REPORTING PURSUANT TO THIS SECTION BY THE CORRECTIONAL AND HEALTH-RELAT-
ED AGENCIES INVOLVED IN PROVIDING CARE; (II) ENSURE THAT THE DESIGN OF
THE ENCOUNTER SPACE FACILITATES, WHERE REASONABLE, CONFIDENTIALITY AND
SAFETY THROUGH THE USE OF DEVICES AND PHYSICAL STRUCTURES INCLUDING BUT
NOT LIMITED TO, PANIC BUTTONS, WINDOWS TO ALLOW VISUAL MONITORING,
PRIVACY BOOTHS, AND ELECTRONIC SILENT CAMERA MONITORING OF THE ENCOUNTER
BY SECURITY STAFF; AND (III) ALLOW FOR HAVING PRESENT ADDITIONAL MEDICAL
PROVIDERS OR NON-SECURITY OBSERVERS DURING THE ENCOUNTER. SUCH RULES AND
REGULATIONS SHALL BE IN ACCORDANCE WITH ALL FEDERAL OR STATE LAWS RELAT-
ING TO MEDICAL CONFIDENTIALITY. NON-HEALTH PERSONNEL MAY BE PERMITTED TO
BE IN THE ENCOUNTER SPACE IF NEEDED FOR INTERPRETER SERVICES OR ONLY IN
EXCEPTIONAL CIRCUMSTANCES IF THE HEALTH PROFESSIONALS ENGAGED IN THE
ENCOUNTER DETERMINE THAT NON-HEALTH STAFF IS NEEDED TO BE PRESENT IN
ORDER TO ENSURE THE SAFETY OF THE PATIENT OR HEALTH STAFF. SUCH DETERMI-
NATION SHALL BE BASED UPON SPECIFIC BEHAVIOR BY THE PATIENT AT THE TIME
OF THE ENCOUNTER OR IMMEDIATELY PRECEDING THE ENCOUNTER THAT CREATES A
SUBSTANTIAL RISK OF IMMINENT VIOLENCE OR UNCONTROLLABLE DISRUPTION
OCCURRING DURING THE MEDICAL ENCOUNTER. THE HEALTH PROFESSIONAL SHALL
DOCUMENT IN WRITING SUCH DETERMINATION AND THE REASONS FOR DETERMINING
THAT THERE WAS SUCH SUBSTANTIAL RISK. A SECURE ELECTRONIC LOG SHALL BE
MAINTAINED BY THE AGENCY AND COVERED FACILITY OF ALL ENCOUNTERS WHEN
NON-HEALTH PERSONNEL ARE PRESENT DURING ANY HEALTH ENCOUNTER.
(C) IN ALL CLINICAL ASSESSMENTS RELATING TO AN INCARCERATED INDIVID-
UAL, WHETHER FOR THERAPEUTIC OR EVALUATIVE PURPOSES, HEALTH PROFES-
SIONALS SHALL EXERCISE THEIR PROFESSIONAL JUDGMENT INDEPENDENT OF THE
INTERESTS OF A GOVERNMENT OR OTHER THIRD PARTY. DURING SUCH MEDICAL
ENCOUNTERS, THE HEALTH PROFESSIONAL SHALL NOT PROCEED WITH THE ENCOUNTER
IF PROCEEDING WOULD INVOLVE A CONFLICT OF INTEREST AS DEFINED IN PARA-
GRAPH (G) OF SUBDIVISION ONE OF THIS SECTION AND SHALL SEEK ARRANGEMENTS
FOR THE PATIENT TO BE PROMPTLY SEEN BY ANOTHER PROVIDER.
4. CERTAIN CONDUCT OF HEALTH PROFESSIONALS PROHIBITED. (A) NO HEALTH
PROFESSIONAL SHALL KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY APPLY THEIR
KNOWLEDGE OR SKILLS IN RELATION TO, ENGAGE IN ANY PROFESSIONAL RELATION-
SHIP WITH, OR PERFORM PROFESSIONAL SERVICES IN RELATION TO ANY INCARCER-
ATED INDIVIDUAL UNLESS THE PURPOSE IS SOLELY TO EVALUATE, TREAT,
PROTECT, OR IMPROVE THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF THE
INCARCERATED INDIVIDUAL (EXCEPT AS PERMITTED BY PARAGRAPH (B) OR (C) OF
SUBDIVISION FIVE OF THIS SECTION).
S. 7865 5
(B) NO HEALTH PROFESSIONAL SHALL KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY
ENGAGE, DIRECTLY OR INDIRECTLY, IN ANY ACT WHICH CONSTITUTES TORTURE OF
AN INCARCERATED INDIVIDUAL, WHICH MAY INCLUDE PARTICIPATION IN, COMPLIC-
ITY IN, INCITEMENT TO, ASSISTANCE IN, PLANNING OR DESIGN OF, COVER UP
OF, FAILURE TO DOCUMENT, OR ATTEMPT OR CONSPIRACY TO COMMIT SUCH
TORTURE. PROHIBITED FORMS OF ENGAGEMENT INCLUDE BUT ARE NOT LIMITED TO:
(I) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY PROVIDING MEANS, KNOWLEDGE
OR SKILLS, INCLUDING CLINICAL FINDINGS OR TREATMENT, WITH THE INTENT TO
FACILITATE THE PRACTICE OF TORTURE;
(II) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY PERMITTING THEIR KNOWLEDGE,
SKILLS OR CLINICAL FINDINGS OR TREATMENT TO BE USED IN THE PROCESS OF OR
TO FACILITATE TORTURE;
(III) KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY EXAMINING, EVALUATING, OR
TREATING AN INCARCERATED INDIVIDUAL TO CERTIFY WHETHER TORTURE CAN
BEGIN, BE CONTINUED, OR BE RESUMED;
(IV) BEING PRESENT WHILE TORTURE IS BEING ADMINISTERED;
(V) OMITTING OR SUPPRESSING INDICATIONS OF TORTURE FROM RECORDS OR
REPORTS; AND
(VI) ALTERING HEALTH RECORDS OR REPORTS TO HIDE, MISREPRESENT OR
DESTROY EVIDENCE OF TORTURE.
(C) NO HEALTH PROFESSIONAL SHALL KNOWINGLY, RECKLESSLY, OR NEGLIGENTLY
APPLY THEIR KNOWLEDGE OR SKILLS OR PERFORM ANY PROFESSIONAL SERVICE IN
ORDER TO ASSIST IN THE PUNISHMENT, DETENTION, INCARCERATION, INTIM-
IDATION, OR COERCION OF AN INCARCERATED INDIVIDUAL WHEN SUCH ASSISTANCE
IS PROVIDED IN A MANNER THAT MAY ADVERSELY AFFECT THE PHYSICAL OR MENTAL
HEALTH OR CONDITION OF THE INCARCERATED INDIVIDUAL (EXCEPT AS PERMITTED
BY PARAGRAPH (A) OR (B) OF SUBDIVISION FIVE OF THIS SECTION).
(D) NO HEALTH PROFESSIONAL SHALL PARTICIPATE IN THE INTERROGATION OF
AN INCARCERATED INDIVIDUAL, INCLUDING BEING PRESENT IN THE INTERROGATION
ROOM, ASKING OR SUGGESTING QUESTIONS, ADVISING ON THE USE OF SPECIFIC
INTERROGATION TECHNIQUES, MONITORING THE INTERROGATION, OR MEDICALLY OR
PSYCHOLOGICALLY EVALUATING A PERSON FOR THE PURPOSE OF IDENTIFYING
POTENTIAL INTERROGATION METHODS OR STRATEGIES. HOWEVER, THIS PARAGRAPH
SHALL NOT BAR A HEALTH PROFESSIONAL FROM BEING PRESENT FOR THE INTERRO-
GATION OF A MINOR UNDER PARAGRAPH (A) OF SUBDIVISION FIVE OF THIS
SECTION OR ENGAGING IN CONDUCT UNDER PARAGRAPH (D) OF SUBDIVISION FIVE
OF THIS SECTION.
5. CERTAIN CONDUCT OF HEALTH PROFESSIONALS PERMITTED. A HEALTH PROFES-
SIONAL MAY ENGAGE IN THE FOLLOWING CONDUCT SO LONG AS SUCH CONDUCT DOES
NOT OTHERWISE VIOLATE SUBDIVISION THREE OR FOUR OF THIS SECTION, DOES
NOT ADVERSELY AFFECT THE PHYSICAL OR MENTAL HEALTH OR CONDITION OF AN
INCARCERATED INDIVIDUAL OR POTENTIAL SUBJECT, AND IS NOT OTHERWISE
UNLAWFUL:
(A) APPROPRIATELY PARTICIPATING OR AIDING IN THE INVESTIGATION, PROSE-
CUTION, OR DEFENSE OF A CRIMINAL, ADMINISTRATIVE OR CIVIL MATTER,
INCLUDING PRESENCE DURING THE INTERROGATION OF A MINOR AT THE REQUEST OF
THE MINOR OR THE MINOR'S PARENT OR GUARDIAN AND FOR THE PURPOSE OF
SUPPORTING THE HEALTH OF THE MINOR;
(B) PARTICIPATING IN AN ACT THAT RESTRAINS AN INCARCERATED INDIVIDUAL
OR TEMPORARILY ALTERS THE PHYSICAL OR MENTAL ACTIVITY OF AN INCARCERATED
INDIVIDUAL, WHERE THE ACT COMPLIES WITH GENERALLY APPLICABLE LEGAL,
HEALTH AND PROFESSIONAL STANDARDS, IS NECESSARY FOR THE PROTECTION OF
THE PHYSICAL OR MENTAL HEALTH, CONDITION OR SAFETY OF THE INCARCERATED
INDIVIDUAL, OTHER INCARCERATED INDIVIDUALS, OR PERSONS CARING FOR,
GUARDING OR CONFINING THE INCARCERATED INDIVIDUAL;
S. 7865 6
(C) CONDUCTING BONA FIDE HUMAN SUBJECT RESEARCH IN ACCORDANCE WITH
GENERALLY ACCEPTED LEGAL, HEALTH AND PROFESSIONAL STANDARDS WHERE THE
RESEARCH INCLUDES SAFEGUARDS FOR HUMAN SUBJECTS EQUIVALENT TO THOSE
REQUIRED BY FEDERAL LAW, INCLUDING INFORMED CONSENT AND INSTITUTIONAL
REVIEW BOARD APPROVAL WHERE APPLICABLE;
(D) TRAINING RELATED TO THE FOLLOWING PURPOSES, SO LONG AS SUCH TRAIN-
ING IS NOT PROVIDED IN SUPPORT OF SPECIFIC ONGOING OR ANTICIPATED INTER-
ROGATIONS:
(I) RECOGNIZING AND RESPONDING TO PERSONS WITH PHYSICAL OR MENTAL
ILLNESS OR CONDITIONS,
(II) THE POSSIBLE PHYSICAL AND MENTAL EFFECTS OF PARTICULAR TECHNIQUES
AND CONDITIONS OF INTERROGATION, OR
(III) THE DEVELOPMENT OF EFFECTIVE INTERROGATION STRATEGIES NOT
INVOLVING THE PRACTICE OF TORTURE.
6. DUTY TO REPORT. (A) HEALTH PROFESSIONALS IN A COVERED FACILITY, OR
OTHER INDIVIDUALS PROVIDING SUPERVISION OR SERVICES TO AN INCARCERATED
INDIVIDUAL IN A COVERED FACILITY, SHALL REPORT ANY INSTANCES OF TORTURE
OF INCARCERATED INDIVIDUALS, OR OTHER VIOLATIONS OF THIS SECTION OR
RULES OR REGULATIONS PROMULGATED PURSUANT THERETO, TO AN INDIVIDUAL
DESIGNATED BY THE COVERED FACILITY TO RECEIVE SUCH COMPLAINTS AND/OR THE
OFFICE OF THE INSPECTOR GENERAL PURSUANT TO THIS SECTION.
(B) INDIVIDUALS WHO HAVE INFORMATION ABOUT POTENTIAL VIOLATIONS OF
THIS SECTION SHALL BE PROVIDED THE OPPORTUNITY TO CONFIDENTIALLY CONTACT
GOVERNMENTAL AND NONGOVERNMENTAL ORGANIZATIONS WHICH MAY PROVIDE ASSIST-
ANCE ON HOW SUCH INDIVIDUALS MAY FILE A COMPLAINT UNDER THIS SECTION.
7. PROHIBITION ON RETALIATION. NO OFFICER, OTHER EMPLOYEE OF A COVERED
FACILITY OR AN EMPLOYEE OR AGENT OF ANOTHER GOVERNMENTAL OR NON-GOVERN-
MENTAL ORGANIZATION WHO IS WORKING, OPERATING, OR VOLUNTEERING IN A
COVERED FACILITY SHALL CARRY OUT, OR CAUSE OTHERS TO CARRY OUT, ANY FORM
OF RETALIATION AGAINST, OR THREATS TO, ANY INCARCERATED INDIVIDUAL,
STAFF OF THE COVERED FACILITY OR OTHERS WORKING IN, OPERATING, OR VOLUN-
TEERING IN THE COVERED FACILITY, OR OTHER PERSONS, FOR REPORTING
TORTURE, OR OTHER VIOLATIONS OF THIS SECTION OR RULES OR REGULATIONS
PROMULGATED PURSUANT THERETO. FOR THE PURPOSES OF THIS SUBDIVISION,
"REPORTING" SHALL INCLUDE: (A) ANY CONTACT WITH ANY EMPLOYEE OF A
COVERED FACILITY, OR AN EMPLOYEE OR AGENT OF ANY GOVERNMENTAL, OR NON-
GOVERNMENTAL ORGANIZATION; OR (B) COMMUNICATING WITH BUT NOT LIMITED TO
THE MEDIA, LAWMAKERS, THE CORRECTIONAL ASSOCIATION OF NEW YORK, AN
ATTORNEY, AN ADVOCATE, AN INVESTIGATIVE BODY OR ANY OTHER PERSON OR
ENTITY. THIS SUBDIVISION SHALL APPLY TO ANY REPORTING OF TORTURE BY A
PERSON INCLUDING, BUT NOT LIMITED TO, PROVIDING INFORMATION: ABOUT
POTENTIAL VIOLATIONS OF THIS SECTION; CONCERNING HOW AN INCARCERATED
INDIVIDUAL OR OTHER PERSON MAY EXERCISE THEIR RIGHTS PURSUANT TO THIS
SECTION; ABOUT THE RESPONSIBILITIES OF STAFF OF THE COVERED FACILITY
CONCERNING THE OBLIGATIONS OF THIS SECTION; OR TO, OR IN SUPPORT OF,
ANOTHER INCARCERATED INDIVIDUAL, OR OTHER PERSON NOT INVOLVED IN A
POTENTIAL VIOLATION OF THIS SECTION, BUT WHO IS CONSIDERING ASSISTING OR
HAS ASSISTED AN INCARCERATED INDIVIDUAL WHO MAY HAVE BEEN TORTURED BY OR
IN THE COVERED FACILITY OR CONCERNED ABOUT VIOLATIONS OF THIS SECTION.
8. REPORTS OF TORTURE; CONFIDENTIALITY. ALL REPORTS OF TORTURE OR
OTHER VIOLATIONS OF THIS SECTION, OR RULES OR REGULATIONS PROMULGATED
PURSUANT THERETO, BY ANY PERSON TO AN EMPLOYEE OR OTHER PERSON WORKING,
OPERATING, OR VOLUNTEERING IN A COVERED FACILITY, OR AN EMPLOYEE OR
AGENT OF ANOTHER GOVERNMENTAL OR NON-GOVERNMENTAL ORGANIZATION SHALL BE
CONSIDERED CONFIDENTIAL BY THE GOVERNMENTAL OR NON-GOVERNMENTAL ORGAN-
IZATION UNLESS THE PERSON WHOSE IDENTITY WOULD BE DISCLOSED AGREES IN
S. 7865 7
WRITING TO PERMIT DISCLOSURE OF SUCH INFORMATION. SUCH INFORMATION SHALL
NOT BE REVEALED TO ANY OTHER PERSON OR ORGANIZATION EXCEPT TO THE EXTENT
THAT IS NECESSARY TO TREAT, INVESTIGATE, OR UNDERTAKE SECURITY OR
MANAGEMENT DECISIONS TO RESPOND TO AN ALLEGED ACTION AND ENSURE THE
SAFETY, INCLUDING PROTECTION AGAINST RETALIATION, OF ALL PERSONS PROVID-
ING SUCH INFORMATION.
9. FACILITY-BASED ADMINISTRATIVE INVESTIGATION. WHEN A REPORT OF
ALLEGED TORTURE OR OTHER VIOLATION OF THIS SECTION, OR RULES OR REGU-
LATIONS PROMULGATED PURSUANT THERETO, IS MADE TO STAFF OF A COVERED
FACILITY AND THE INCARCERATED INDIVIDUAL HAS AGREED THAT SUCH INFORMA-
TION MAY BE COMMUNICATED TO THE COVERED FACILITY, SUCH INFORMATION SHALL
BE CONFIDENTIALLY COMMUNICATED TO THE SENIOR MANAGEMENT OFFICIALS OF THE
COVERED FACILITY, WHO SHALL BE RESPONSIBLE FOR DOCUMENTING THE ALLEGA-
TION AND ENSURING THE SAFETY, INCLUDING PROTECTION AGAINST RETALIATION,
OF THE PERSON WHO HAS MADE AN ALLEGATION OF BEING TORTURED AND ANY INDI-
VIDUAL WHO HAS PROVIDED INFORMATION ABOUT THE ALLEGED TORTURE OR OTHER
VIOLATION OF THIS SECTION, OR RULES OR REGULATIONS PROMULGATED PURSUANT
THERETO. THE COVERED FACILITY SHALL OVERSEE A FACILITY-BASED ADMINIS-
TRATIVE INVESTIGATION INTO THE ALLEGATION AND REPORT SUCH INFORMATION TO
THE AGENCY RESPONSIBLE FOR THE ADMINISTRATION OF THE COVERED FACILITY.
SUCH INVESTIGATION SHALL: BE DONE PROMPTLY, THOROUGHLY, AND OBJECTIVELY
OF ALL ALLEGATIONS; REQUIRE THAT INVESTIGATORS GATHER AND PRESERVE
DIRECT AND CIRCUMSTANTIAL EVIDENCE; AND REQUIRE THAT INVESTIGATORS
INTERVIEW ALLEGED VICTIMS, OTHERS INVOLVED IN THE INCIDENT, AND
WITNESSES, AND DOCUMENT SUCH INTERVIEWS. THE RESULTING OUTCOME OF THE
INVESTIGATION SHALL BE DOCUMENTED, INCLUDING, BUT NOT LIMITED TO, A
DESCRIPTION OF PHYSICAL AND TESTIMONIAL EVIDENCE, REASONING BEHIND CRED-
IBILITY ASSESSMENTS, INVESTIGATIVE FACTS AND FINDINGS, AND ANY ACTION
TAKEN IN RESPONSE TO THE FINDINGS OF THE INVESTIGATION. REPORTS OF ALLE-
GATIONS OF TORTURE OR OTHER VIOLATIONS OF THIS SECTION, OR RULES OR
REGULATIONS PROMULGATED PURSUANT THERETO, SHALL PROMPTLY BE PROVIDED TO
THE OFFICE OF THE INSPECTOR GENERAL. THE RESULTS OF ANY INVESTIGATIONS
CONDUCTED BY OR ON BEHALF OF THE ADMINISTRATION OF A COVERED FACILITY
PURSUANT TO THIS SECTION SHALL ALSO BE PROMPTLY PROVIDED TO THE OFFICE
OF THE INSPECTOR GENERAL. THE AGENCY RESPONSIBLE FOR THE COVERED FACILI-
TY SHALL PUBLISH REPORTS ON THE AGENCY'S WEBSITE WITH QUARTERLY, SEMI-
ANNUAL AND ANNUAL CUMULATIVE REPORTS OF THE NUMBER OF INCIDENTS OF
ALLEGED TORTURE OR OTHER VIOLATION OF THIS SECTION OR RULES OR REGU-
LATIONS PROMULGATED PURSUANT THERETO, THE MONTH SUCH INCIDENTS OCCURRED,
THE FACILITIES IN WHICH SUCH INCIDENTS ALLEGEDLY OCCURRED, THE TYPE OF
TORTURE OR OTHER VIOLATION OF THIS SECTION OR RULES OR REGULATIONS
PROMULGATED PURSUANT THERETO ALLEGED, THE FINDINGS OF THE INVESTIGATION,
AND ANY DISCIPLINARY ACTION TAKEN IN RESPONSE TO SUCH INVESTIGATION. THE
AGENCY SHALL MAINTAIN THE CONFIDENTIALITY OF THE REPORTERS, INCARCERATED
INDIVIDUALS, AND WITNESSES IN SUCH PUBLISHED REPORTS.
10. OBLIGATIONS OF THE INSPECTOR GENERAL. THE OFFICE OF THE INSPECTOR
GENERAL, IN RECEIVING COMPLAINTS AND INVESTIGATING COMPLIANCE WITH THIS
SECTION AND RULES OR REGULATIONS PROMULGATED PURSUANT THERETO AND IN ITS
INTERACTION WITH AGENCIES OF COVERED FACILITIES, SHALL BE OBLIGATED TO:
(A) PROVIDE A MEANS FOR AN INCARCERATED INDIVIDUAL OR A THIRD PARTY TO
REPORT AN ALLEGATION OF TORTURE OR OTHER VIOLATION OF THIS SECTION, OR
RULES OR REGULATIONS PROMULGATED PURSUANT THERETO, TO THE OFFICE OF THE
INSPECTOR GENERAL. THE INCARCERATED INDIVIDUAL SHALL BE PROVIDED A MEANS
TO REPORT SUCH A COMPLAINT CONFIDENTIALLY THROUGH THE MAIL, TELEPHONE,
AND THEIR TABLET OR OTHER ELECTRONIC DEVICE PROVIDING ACCESS TO OUTSIDE
SOURCES. STAFF OR OTHER INDIVIDUALS WORKING OR VOLUNTEERING IN A COVERED
S. 7865 8
FACILITY OR AN EMPLOYEE OR AGENT OF ANOTHER GOVERNMENTAL OR NON-GOVERN-
MENTAL ORGANIZATION MAY ALSO REPORT AN ALLEGATION OF TORTURE OR OTHER
VIOLATION OF THIS SECTION, OR RULES OR REGULATIONS PROMULGATED PURSUANT
THERETO, TO THE OFFICE OF THE INSPECTOR GENERAL WHEN: (I) THE INCARCER-
ATED INDIVIDUAL HAS AGREED THAT SUCH INFORMATION MAY BE COMMUNICATED TO
THE OFFICE OF THE INSPECTOR GENERAL; AND (II) THE REPORTING PERSON IS
CONCERNED ABOUT THE SAFETY OF THE INCARCERATED INDIVIDUAL, STAFF OR
OTHER INDIVIDUALS REPORTING TORTURE OR A VIOLATION OF THIS SECTION, OR
RULES OR REGULATIONS PROMULGATED PURSUANT THERETO, IF SUCH REPORT WAS
MADE TO OFFICIALS OF THE COVERED FACILITY OR ANOTHER STATE AGENCY. WHEN
AN INCARCERATED INDIVIDUAL DOES NOT PROVIDE CONSENT TO REPORT AN ALLEGA-
TION OF TORTURE OR OTHER VIOLATION OF THIS SECTION, OR RULES OR REGU-
LATIONS PROMULGATED PURSUANT THERETO, THE STAFF OR OTHER INDIVIDUALS
WORKING OR VOLUNTEERING IN A COVERED FACILITY OR AN EMPLOYEE OR AGENT OF
ANOTHER GOVERNMENTAL OR NON-GOVERNMENTAL ORGANIZATION WHO HAS RECEIVED
AN ALLEGATION OF TORTURE OR OTHER VIOLATION OF THIS SECTION, OR RULES OR
REGULATIONS PROMULGATED PURSUANT THERETO, MAY REPORT TO THE OFFICE OF
THE INSPECTOR GENERAL INFORMATION ABOUT SUCH VIOLATION TO THE EXTENT
THAT SUCH INFORMATION CANNOT LEAD TO THE IDENTIFICATION OF THE PERSON
WHO HAS PROVIDED THE INFORMATION ABOUT THE ALLEGED VIOLATION. SUCH
REPORT MAY INCLUDE BUT NEED NOT BE LIMITED TO: IDENTIFYING THE FACILITY,
BUT NOT THE LOCATION, WHERE THE ALLEGED VIOLATION OCCURRED; THE MONTH,
BUT NOT THE DATE, OF THE ALLEGED INCIDENT; AND CONCERNS ABOUT A PATTERN
OR PRACTICE OF VIOLATIONS OF THE LAW OR REGULATIONS, WITHOUT SPECIFYING
INFORMATION ABOUT ANY PARTICULAR INCIDENT. THE OFFICE OF THE INSPECTOR
GENERAL SHALL PROVIDE A MEANS BY WHICH SUCH INFORMATION CAN BE REPORTED
ANONYMOUSLY AND BY MEANS OF MAIL, TELEPHONE, AND AN ONLINE COMPLAINT
FORM;
(B) REPORT ANY COMPLAINT THEY RECEIVE TO THE COVERED FACILITY WHERE
SUCH COMPLAINT ALLEGEDLY OCCURRED OR WHERE SUCH INCARCERATED INDIVIDUAL
IS DETAINED OR INCARCERATED UNLESS THE OFFICE OF THE INSPECTOR GENERAL
DETERMINES THAT SUCH REPORTING WILL RESULT IN UNREASONABLE RISK TO THE
SAFETY OF THE INCARCERATED INDIVIDUAL OR OTHER PERSONS INVOLVED IN THE
REPORTING OF A VIOLATION OF THIS SECTION, OR RULES OR REGULATIONS
PROMULGATED PURSUANT THERETO; AND
(C) PUBLISH REPORTS ON ITS WEBSITE WITH QUARTERLY, SEMI-ANNUAL AND
ANNUAL CUMULATIVE DATA ON: THE NUMBER OF INCIDENTS OF ALLEGED TORTURE OR
OTHER VIOLATIONS OF THIS SECTION, OR RULES OR REGULATIONS PROMULGATED
PURSUANT THERETO; THE MONTH SUCH INCIDENTS ALLEGEDLY OCCURRED; THE
FACILITY IN WHICH SUCH INCIDENTS ALLEGEDLY OCCURRED; THE TYPE OF TORTURE
OR OTHER VIOLATION OF THIS SECTION, OR RULES OR REGULATIONS PROMULGATED
PURSUANT THERETO, ALLEGED; AND WHAT ACTION AGENCIES HAVE TAKEN IN
RESPONSE TO SUCH REPORTS. THE AGENCY SHALL MAINTAIN THE CONFIDENTIALITY
OF THE REPORTERS, INCARCERATED INDIVIDUALS AND WITNESSES IN SUCH
PUBLISHED REPORTS.
11. MONITORING OF COVERED FACILITIES. THE OFFICE OF THE INSPECTOR
GENERAL SHALL MONITOR ALL COVERED FACILITIES CONCERNING THEIR COMPLIANCE
WITH THIS SECTION AND ANY RULES OR REGULATIONS PROMULGATED PURSUANT
THERETO. IN EXERCISING SUCH AUTHORITY, THE OFFICE OF THE INSPECTOR
GENERAL SHALL HAVE DIRECT AND IMMEDIATE ACCESS TO: (A) ALL AREAS IN THE
COVERED FACILITIES WHERE INCARCERATED INDIVIDUALS RESIDE, WHERE THEY
PARTICIPATE IN PROGRAMS OR OTHER ACTIVITIES, OR WHERE THEY MIGHT TEMPO-
RARILY BE LOCATED; (B) REVIEW AND PROMPTLY OBTAIN COPIES OF ALL CLINICAL
RECORDS, DATA, OTHER RECORDS AND INFORMATION MAINTAINED BY THE COVERED
FACILITY OR OTHER GOVERNMENTAL OR NON-GOVERNMENTAL AGENCIES WORKING,
OPERATING OR VOLUNTEERING IN THE COVERED FACILITY OR PROVIDING SERVICES
S. 7865 9
TO AN INCARCERATED INDIVIDUAL, RELATING TO THE OFFICE'S OBLIGATION TO
MONITOR COMPLIANCE WITH THIS SECTION, INCLUDING, BUT NOT LIMITED TO,
ASSESSMENT OF ANY ALLEGED COMPLAINTS CONCERNING ANY INCARCERATED INDI-
VIDUAL AND ANY OTHER ALLEGED VIOLATION OF THIS SECTION OR RULES OR REGU-
LATIONS PROMULGATED PURSUANT THERETO; AND (C) INTERVIEW AND COMMUNICATE
CONFIDENTIALLY WITH ANY INCARCERATED INDIVIDUAL, ANY EMPLOYEE OF A
COVERED FACILITY OR AN EMPLOYEE OR AGENT OF ANOTHER GOVERNMENTAL OR
NON-GOVERNMENTAL ORGANIZATION WHO IS WORKING, OPERATING OR VOLUNTEERING
IN A COVERED FACILITY. THE OFFICE OF THE INSPECTOR GENERAL SHALL MAIN-
TAIN THE CONFIDENTIALITY OF ALL PATIENT-SPECIFIC INFORMATION OBTAINED
DURING THE COURSE OF ITS MONITORING ACTIVITIES.
12. ANNUAL REPORTS. THE OFFICE OF THE INSPECTOR GENERAL SHALL SUBMIT
AT LEAST ANNUALLY A REPORT TO THE GOVERNOR AND THE LEGISLATURE DESCRIB-
ING THE STATE'S PROGRESS IN COMPLYING WITH THIS SECTION. SUCH REPORT
SHALL BE PUBLICLY AVAILABLE AND SHALL INCLUDE, BUT NOT BE LIMITED TO:
(A) DATA REGARDING THE NUMBER OF REPORTS RECEIVED BY THE OFFICE CONCERN-
ING ALLEGED VIOLATIONS OF THIS SECTION BY FACILITY, RESULTS OF INVESTI-
GATIONS BY THE COVERED FACILITIES OF ANY COMPLAINTS RELATED TO VIOLATION
OF THIS SECTION, AND TYPES OF CORRECTIVE ACTIONS THAT WERE TAKEN BY THE
COVERED FACILITIES IN RESPONSE TO SUCH INVESTIGATIONS; AND (B) THE
RESULTS OF THE OFFICE'S REVIEW OF PATTERNS AND TRENDS IN THE REPORTING
OF AND RESPONSE TO REPORTABLE INCIDENTS PURSUANT TO THIS SECTION,
INCLUDING THE OFFICE'S RECOMMENDATIONS FOR APPROPRIATE PREVENTIVE AND
CORRECTIVE ACTIONS BASED UPON ITS FINDINGS, AND EFFORTS UNDERTAKEN BY
THE COVERED FACILITIES AND OTHER GOVERNMENTAL OR NON-GOVERNMENTAL
PERSONS WORKING, OPERATING OR VOLUNTEERING IN THE COVERED FACILITY IN
RESPONSE TO THE OFFICE'S FINDINGS AND RECOMMENDATIONS. THE COVERED
FACILITIES AND OTHER GOVERNMENTAL AND NON-GOVERNMENTAL AGENCIES WORKING
OR OPERATING IN A COVERED FACILITY SHALL RESPOND IN WRITING TO THE
OFFICE'S REPORTS, INCLUDING, BUT NOT LIMITED TO, THE OFFICE'S FINDINGS
AND RECOMMENDATIONS AND WHAT ACTIONS IF ANY, THE COVERED FACILITY OR
OTHER AGENCY HAS UNDERTAKEN OR PLANS TO UNDERTAKE TO ADDRESS ISSUES
RAISED IN THE OFFICE'S REPORTS.
13. EMPLOYEE TRAINING. ALL COVERED FACILITIES SHALL ENSURE THAT THE
CURRICULUM FOR NEW EMPLOYEES OR OTHER PERSONS WORKING, OPERATING, OR
VOLUNTEERING IN A COVERED FACILITY SHALL INCLUDE AT LEAST THREE HOURS OF
TRAINING ABOUT THE PROVISIONS OF THIS SECTION AND ANY RULES AND REGU-
LATIONS PROMULGATED THERETO, INCLUDING, BUT NOT LIMITED TO, ALL METHODS
OF REPORTING COMPLAINTS ABOUT TORTURE OF INCARCERATED INDIVIDUALS OR
OTHER VIOLATIONS OF THIS SECTION OR RULES OR REGULATIONS PROMULGATED
THERETO, HOW TO ENSURE CONFIDENTIALITY OF MEDICAL ENCOUNTERS, REQUIRE-
MENTS ON PRESERVING THE CONFIDENTIALITY OF PERSONS REPORTING VIOLATIONS
OF THIS SECTION OR RULES OR REGULATIONS PROMULGATED THERETO, AND THE
OBLIGATIONS OF COVERED FACILITIES TO INVESTIGATE, DOCUMENT AND PUBLICLY
REPORT INSTANCES OF ALLEGED VIOLATIONS OF THIS SECTION AND RULES AND
REGULATIONS PROMULGATED THERETO. ALL EMPLOYEES AND OTHER PERSONS WORKING
OR OPERATING IN A COVERED FACILITY SHALL RECEIVE TWO ADDITIONAL HOURS OF
TRAINING EACH YEAR ON THE REQUIREMENTS OF THIS SECTION AND ANY RULES AND
REGULATIONS PROMULGATED THERETO SIMILAR TO THE TRAINING MANDATED FOR NEW
EMPLOYEES.
14. RULES AND REGULATIONS. ALL COVERED FACILITIES AND OTHER GOVERN-
MENTAL AGENCIES THAT HAVE STAFF WORKING OR OPERATING IN A COVERED FACIL-
ITY SHALL PROMULGATE RULES AND REGULATIONS PERTAINING TO THIS SECTION.
SUCH RULES AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO: MEAS-
URES TO ENSURE THAT HEALTH ENCOUNTERS ARE CONDUCTED IN PRIVATE AND MAIN-
TAIN CONFIDENTIALITY; PROHIBITIONS AGAINST TORTURE OF INCARCERATED INDI-
S. 7865 10
VIDUALS AND THE RESPONSIBILITY OF EVERY PERSON IN THE FACILITY TO REPORT
ANY INSTANCE OF SUCH ABUSE; MEASURES THAT HAVE BEEN IMPLEMENTED FOR
PERSONS TO REPORT VIOLATIONS OF THIS SECTION OR ANY RULES OR REGULATIONS
PROMULGATED THERETO BOTH TO THE COVERED FACILITY AND/OR THE OFFICE OF
THE INSPECTOR GENERAL; PROCEDURES FOR THE COVERED FACILITY TO RECORD,
INVESTIGATE, AND RESPOND TO VIOLATIONS OF THIS SECTION OR ANY RULES OR
REGULATIONS PROMULGATED THERETO; AND THE PROHIBITION OF RETALIATION
AGAINST ANY INCARCERATED INDIVIDUAL, PERSONS WORKING, OPERATION OR
VOLUNTEERING IN THE COVERED FACILITY, OR OTHER PERSONS WHO REPORT ANY
VIOLATION OF THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED THERE-
TO. COVERED FACILITIES SHALL ALSO PROVIDE INFORMATION ORALLY AND IN
WRITING TO ALL INCARCERATED INDIVIDUALS ABOUT THE REQUIREMENTS OF THIS
SECTION AND ANY RULES OR REGULATIONS PROMULGATED THERETO, INCLUDING, BUT
NOT LIMITED TO: THE MEANS BY WHICH INCARCERATED INDIVIDUALS CAN REPORT
VIOLATIONS OF THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED THER-
ETO; THE OBLIGATION OF STAFF AND OTHERS TO REPORT ANY ALLEGED VIOLATIONS
OF THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED THERETO; THE
REQUIREMENT TO MAINTAIN CONFIDENTIALITY OF ANY REPORTS; AND THE DUTIES
OF THE OFFICE OF THE INSPECTOR GENERAL TO RECEIVE SUCH REPORTING AND TO
MONITOR COMPLIANCE WITH THIS SECTION AND ANY RULES OR REGULATIONS
PROMULGATED THERETO.
15. MITIGATION. THE FOLLOWING MAY BE CONSIDERED IN FULL OR PARTIAL
MITIGATION OF A VIOLATION OF THIS SECTION OR ANY RULES OR REGULATIONS
PROMULGATED THERETO BY THE HEALTH PROFESSIONAL:
(A) COMPLIANCE WITH SUBDIVISION SIX OF THIS SECTION; OR
(B) COOPERATION IN GOOD FAITH WITH AN INVESTIGATION OF A VIOLATION OF
THIS SECTION OR ANY RULES OR REGULATIONS PROMULGATED THERETO.
16. SCOPE OF PRACTICE NOT EXPANDED. THIS SECTION SHALL NOT BE
CONSTRUED TO EXPAND THE LAWFUL SCOPE OF PRACTICE OF ANY HEALTH PROFES-
SIONAL.
§ 4. Section 6509 of the education law is amended by adding a new
subdivision 15 to read as follows:
(15) ANY VIOLATION OF SECTION TWENTY-FIVE OF THE PUBLIC HEALTH LAW
(RELATING TO PARTICIPATION IN TORTURE OF INCARCERATED INDIVIDUALS BY
HEALTH PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
§ 5. Section 6530 of the education law is amended by adding a new
subdivision 51 to read as follows:
51. ANY VIOLATION OF SECTION TWENTY-FIVE OF THE PUBLIC HEALTH LAW
(RELATING TO PARTICIPATION IN TORTURE OF INCARCERATED INDIVIDUALS BY
HEALTH PROFESSIONALS), SUBJECT TO MITIGATION UNDER THAT SECTION.
§ 6. Paragraphs (b) and (c) of subdivision 2 of section 740 of the
labor law, as amended by chapter 522 of the laws of 2021, are amended
and a new paragraph (d) is added to read as follows:
(b) provides information to, or testifies before, any public body
conducting an investigation, hearing or inquiry into any such activity,
policy or practice by such employer; [or]
(c) objects to, or refuses to participate in any such activity, policy
or practice[.]; OR
(D) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-
FIVE OF THE PUBLIC HEALTH LAW (RELATING TO PARTICIPATION IN TORTURE OF
INCARCERATED INDIVIDUALS BY HEALTH PROFESSIONALS).
§ 7. Subdivision 3 of section 740 of the labor law, as amended by
chapter 522 of the laws of 2021, is amended to read as follows:
3. Application. The protection against retaliatory action provided by
paragraph (a) of subdivision two of this section pertaining to disclo-
sure to a public body shall not apply to an employee who makes such
S. 7865 11
disclosure to a public body unless the employee has made a good faith
effort to notify [his or her] THEIR employer by bringing the activity,
policy or practice to the attention of a supervisor of the employer and
has afforded such employer a reasonable opportunity to correct such
activity, policy or practice. Such employer notification shall not be
required where: (a) there is an imminent and serious danger to the
public health or safety; (b) the employee reasonably believes that
reporting to the supervisor would result in a destruction of evidence or
other concealment of the activity, policy or practice; (c) such activ-
ity, policy or practice could reasonably be expected to lead to endan-
gering the welfare of a minor; (d) the employee reasonably believes that
reporting to the supervisor would result in physical harm to the employ-
ee or any other person; [or] (e) the employee reasonably believes that
the supervisor is already aware of the activity, policy or practice and
will not correct such activity, policy or practice; OR (F) SUCH ACTIV-
ITY, POLICY, OR PRACTICE CONSTITUTES A VIOLATION UNDER SECTION TWENTY-
FIVE OF THE PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OF INCARCERATED
INDIVIDUALS BY HEALTH PROFESSIONALS).
§ 8. Paragraphs (a) and (b) of subdivision 2 of section 741 of the
labor law, as amended by chapter 117 of the laws of 2020, are amended
and a new paragraph (c) is added to read as follows:
(a) discloses or threatens to disclose to a supervisor, to a public
body, to a news media outlet, or to a social media forum available to
the public at large, an activity, policy or practice of the employer or
agent that the employee, in good faith, reasonably believes constitutes
improper quality of patient care or improper quality of workplace safe-
ty; [or]
(b) objects to, or refuses to participate in any activity, policy or
practice of the employer or agent that the employee, in good faith,
reasonably believes constitutes improper quality of patient care or
improper quality of workplace safety[.]; OR
(C) REPORTS OR THREATENS TO REPORT ANY VIOLATION OF SECTION TWENTY-
FIVE OF THE PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OF INCARCERATED
INDIVIDUALS BY HEALTH PROFESSIONALS).
§ 9. Subdivision 3 of section 741 of the labor law, as amended by
chapter 117 of the laws of 2020, is amended to read as follows:
3. Application. The protection against retaliatory personnel action
provided by subdivision two of this section shall not apply unless the
employee has brought the improper quality of patient care or improper
quality of workplace safety to the attention of a supervisor and has
afforded the employer a reasonable opportunity to correct such activity,
policy or practice. This subdivision shall not apply to an action or
failure to act described in paragraph (a) of subdivision two of this
section where the improper quality of patient care or improper quality
of workplace safety described therein presents an imminent threat to
public health or safety or to the health of a specific patient or
specific health [care] employee and the employee reasonably believes in
good faith that reporting to a supervisor would not result in corrective
action; OR TO ANY REPORT OF A VIOLATION UNDER SECTION TWENTY-FIVE OF THE
PUBLIC HEALTH LAW (PARTICIPATION IN TORTURE OF INCARCERATED INDIVIDUALS
BY HEALTH PROFESSIONALS).
§ 10. The introduction or enactment of this act shall not be construed
to mean that: (a) conduct described by this act does not already violate
state law or constitute professional misconduct; or (b) conduct other
than that described by this act does not violate other state law or
otherwise constitute professional misconduct.
S. 7865 12
§ 11. Severability. If any provision of this act, or any application
of any provision of this act, is held to be invalid, that shall not
affect the validity or effectiveness of any other provision of this act
or any other application of any provision of this act.
§ 12. This act shall take effect on the first of January next
succeeding the date on which it shall have become a law.
