§ 491. Duty to report incidents. 1. (a) Mandated reporters shall
report allegations of reportable incidents to the vulnerable persons'
central register as established by section four hundred ninety-two of
this article and in accordance with the requirements set forth therein.

(b) Allegations of reportable incidents shall be reported immediately
to the vulnerable persons' central register upon discovery. For purposes
of this article, "discovery" occurs when the mandated reporter witnesses
a suspected reportable incident or when another person, including the
vulnerable person, comes before the mandated reporter in the mandated
reporter's professional or official capacity and provides the mandated
reporter with reasonable cause to suspect that the vulnerable person has
been subjected to a reportable incident. A report to the register shall
include the name, title and contact information of every person known to
the mandated reporter to have the same information as the mandated
reporter concerning the reportable incident. Nothing in this subdivision
shall be construed to prohibit a mandated reporter from contacting or
reporting to law enforcement or emergency services before or after
reporting to the vulnerable persons' central register.

(c) The substance or content of any psychological, psychiatric,
therapeutic, clinical or medical reports, evaluations or like materials
or information pertaining to the treatment of a patient or client of a
mandatory reporter who reports a reportable incident of such patient or
client pursuant to this article, must be provided by such mandatory
reporter upon request of the justice center for the protection of people
with special needs if such records are essential for a full
investigation of such allegation, notwithstanding any applicable
privilege which would otherwise bar the disclosure of such materials and
records pursuant to article forty-five of the civil practice law and
rules or other provision of law except applicable federal law governing
the disclosure of patient and related medical records.

(d) Every mandated reporter is required to make a report to the
register as outlined in paragraph (b) of this subdivision unless (i) the
reporter has actual knowledge that the reportable incident has been
reported to the register; and (ii) that the reporter has been named as a
person with knowledge of the incident in such prior report.

2. Any person or official required to report allegations of reportable
incidents pursuant to this section may take or cause to be taken color
photographs of visible trauma and the face of the vulnerable person
named in the report and upon the consent of a person authorized to
consent to medical care for the vulnerable person, shall, if medically
indicated, cause to be performed a radiological examination of the
vulnerable person. Any photographs or radiological examinations taken
shall be provided to the justice center for use only for the purposes of
an investigation of a reportable incident.

3. (a) Any human services professional required by this article to
report a case of suspected abuse or neglect to the vulnerable persons'
central register who knowingly and willfully fails to do so shall be
guilty of a class A misdemeanor.

(b) A mandated reporter who knowingly and willfully fails to report a
case of suspected abuse or neglect to the vulnerable persons' central
register may be subject to termination, subject to any applicable
collective bargaining agreement. Any person or official required by this
article to report a case of suspected abuse or neglect to the vulnerable
persons' central register who knowingly and willfully fails to do so
shall be civilly liable for the damages proximately caused by such
failure.

4. A medical or other public or private institution, state agency,
school, facility or provider agency or its vendors or contractors 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 or agent or vendor or contractor because
such employee or agent or vendor or contractor believes that he or she
has reasonable cause to suspect that a vulnerable person has been
subjected to a reportable incident and that employee or agent or vendor
or contractor therefore makes a report in accordance with this section
and/or cooperated with the investigation of a reportable incident. A
court of competent jurisdiction may grant injunctive relief to any
person determined to have been subjected to such retaliation.

5. State oversight agencies shall ensure that all facilities or
provider agencies operated, licensed, or certified by such state
oversight agencies have policies and procedures in place to identify and
report possible crimes against a service recipient by a custodian. State
oversight agencies shall provide guidance to facilities or provider
agencies operated, licensed, or certified by such state oversight
agencies that do not already have policies and procedures for the
identification and reporting of possible crimes.