Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2803-P
Disclosure of information concerning family violence
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2803-p. Disclosure of information concerning family violence. 1. As
used in this section:

(a) Domestic violence shall mean acts as referred to in and qualified
by section four hundred fifty-nine-a of the social services law.

(b) Child abuse and maltreatment shall have the same meaning as
provided for in section four hundred twelve of the social services law.

(c) Family violence shall mean any act which would constitute domestic
violence as defined in paragraph (a) of this subdivision or any act
which would constitute child abuse and maltreatment as defined in
paragraph (b) of this subdivision.

2. Every hospital having maternity and newborn services shall provide
information concerning family violence to parents of newborn infants at
any time prior to the discharge of the mother. Such information shall
also be provided by every diagnostic and treatment center offering
prenatal care services to women upon an initial prenatal care visit.
The commissioner shall, in consultation with the state office for the
prevention of domestic violence and the department of social services,
prepare, produce and transmit such notice to such facilities in
quantities sufficient to comply with the requirements of this section.
Such notice shall contain information which shall include but not be
limited to the effects of family violence and the services available to
women and children experiencing family violence.

Such information shall be in clear and concise language readily
comprehensible. Nothing in this section shall preclude a facility from
providing the notice required by this section as an addendum to, or in
connection with, any other information required to be provided by any
other provision of law, rule or regulation.

3. No cause of action of whatever nature or kind arising out of a
failure to give or receive the notice required by this section shall
accrue to any person against the state or any subdivision or agency
thereof or any hospital or diagnostic and treatment center providing
prenatal care services.