S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7865
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2025
                                ___________
 
 Introduced  by  Sens.  SALAZAR,  HOYLMAN-SIGAL, BROUK, COMRIE, KAVANAGH,
   KRUEGER, RIVERA, SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, the education law and  the  labor
   law,  in relation to prohibiting participation in torture of incarcer-
   ated individuals by health professionals
 
   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 "end health
 professionals'  complicity  in  the  torture of detained or incarcerated
 individuals act of 2025".
   § 2. Legislative policy and intent. This legislation  is  intended  to
 ensure  health professionals fulfill their professional and human rights
 obligations to prevent and report torture of people who are detained  or
 incarcerated.  The  purpose  is  to promote the health and safety of all
 persons who are held  in,  work  at,  or  volunteer  in  a  carceral  or
 detention facility in New York by requiring measures that will assist in
 eliminating  torture of detained or incarcerated persons. These measures
 include: creating a  safe  environment  for  detained  and  incarcerated
 persons  to  report  concerns  about  torture  to  health professionals;
 requiring that non-incarcerated persons working or volunteering in these
 facilities report all allegations of torture to an appropriate  official
 in  these  facilities;  mandating documentation and investigation of all
 reports of torture by the agency responsible for managing these  facili-
 ties;  and  designating  an  agency independent from these facilities to
 monitor implementation of these requirements. To facilitate the  report-
 ing  of  alleged  torture, this legislation requires that such reporting
 preserve the confidentiality of those involved and prohibits any retali-
 ation against persons making such reports. The legislation is based  on,
 and  is intended to give effect to: accepted standards, including feder-
 al, state, and local law; as  well  as  professional  and  international
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01712-03-5
              

 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.