S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   345

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PAULIN, GUNTHER, GALEF, CLARK, LIFTON, LUPARDO,
  REILLY, SCHROEDER, N. RIVERA, JAFFEE -- Multi-Sponsored by -- M. of A.
  BOYLAND, V. LOPEZ, PHEFFER, SWEENEY -- read once and referred  to  the
  Committee on Health

AN  ACT  to  amend  the public health law, in relation to establishing a
  forensic fellowship program to provide education and training in child
  abuse pediatrics

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
2807-z to read as follows:
  S 2807-Z. CHILD ABUSE PEDIATRICS EDUCATION AND  TRAINING.  1.    DEFI-
NITIONS.  THE  FOLLOWING  WORDS OR PHRASES AS USED IN THIS SECTION SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "CHILD ABUSE PEDIATRICS" SHALL MEAN THE SUBSPECIALTY IN THE  FIELD
OF  PEDIATRICS  AS  DEFINED  BY  THE AMERICAN BOARD OF PEDIATRICS OR THE
AMERICAN OSTEOPATHIC  BOARD  OF  PEDIATRICS.  SPECIFICALLY,  THIS  FIELD
INVOLVES MEDICAL SPECIALISTS WHO ASSESS, DOCUMENT, MANAGE, AND TREAT THE
MEDICAL  COMPONENT OF CHILD ABUSE AND NEGLECT, INCLUDING BUT NOT LIMITED
TO (I) PHYSICAL EXAMINATION AND  EVALUATION  OF  SUSPECTED  CHILD  ABUSE
VICTIMS,  INCLUDING EVALUATION OF FAILURE-TO-THRIVE, NEGLECT AND MEDICAL
NEGLECT, (II) FORENSIC INTERVIEWING OF SUSPECTED VICTIMS OF CHILD  ABUSE
AND NEGLECT BEYOND THE TAKING OF MEDICAL HISTORY, AND OF SUSPECTED ABUSE
PERPETRATORS,  (III)  COLLECTION  AND  MAINTENANCE OF FORENSIC EVIDENCE,
(IV) INTERPRETATION OF CLINICAL MEDICAL DATA, (V) DOCUMENTATION, INCLUD-
ING PHOTODOCUMENTATION, OF FINDINGS AND INJURIES, (VI) CONSULTATION WITH
MEDICAL PROFESSIONALS HAVING CARED FOR SUSPECTED  CHILD  ABUSE  VICTIMS,
(VII) MEETING WITH LAW ENFORCEMENT, CHILD PROTECTION PERSONNEL, COMMUNI-
TY  AGENCIES  AND MULTIDISCIPLINARY TEAMS, (VIII) KNOWLEDGE OF CIVIL AND
CRIMINAL LAWS INVOLVING ABUSED  AND  NEGLECTED  CHILDREN  AND  OF  COURT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00319-01-1

A. 345                              2

PROCEDURES  IN  CIVIL  AND CRIMINAL CASES, (IX) PROVIDING EXPERT WITNESS
TESTIMONY IN COURT PROCEEDINGS, (X) MANAGEMENT OF  SEXUALLY  TRANSMITTED
DISEASES  AND  LONG-TERM  MANAGEMENT AND NUTRITIONAL SUPPORT OF CHILDREN
WITH  FAILURE TO THRIVE, AND (XI) ADVOCACY OF METHODS AND APPROACHES FOR
PREVENTING CHILD ABUSE AND NEGLECT, IN ACCORDANCE WITH THE GUIDELINES OF
THE AMERICAN BOARD OF PEDIATRICS.
  (B) "NEW YORK STATE CHILD  ABUSE  PEDIATRICS  EDUCATION  AND  TRAINING
COUNCIL"  OR  "COUNCIL" SHALL MEAN THE NEW YORK STATE CHILD ABUSE PEDIA-
TRICS EDUCATION AND TRAINING COUNCIL ESTABLISHED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
  2. GRANTS FOR GRADUATE MEDICAL EDUCATION IN  CHILD  ABUSE  PEDIATRICS.
(A) THE COMMISSIONER IS AUTHORIZED, WITHIN AMOUNTS APPROPRIATED FOR SUCH
PURPOSE,  TO  MAKE GRANTS IN SUPPORT OF CHILD ABUSE PEDIATRICS CERTIFIED
FELLOWSHIP EDUCATION PROGRAMS TO ESTABLISH OR EXPAND EDUCATION IN  CHILD
ABUSE  PEDIATRICS  FOR  GRADUATE  MEDICAL EDUCATION, AND TO INCREASE THE
OPPORTUNITIES FOR TRAINEE EDUCATION IN CHILD ADVOCACY CENTERS, HOSPITALS
OR MULTIDISCIPLINARY TEAMS.
  (B) GRANTS UNDER THIS SUBDIVISION FOR GRADUATE  MEDICAL  EDUCATION  IN
CHILD  ABUSE PEDIATRICS MAY BE USED FOR ADMINISTRATION, FACULTY RECRUIT-
MENT AND DEVELOPMENT, START-UP COSTS AND  COSTS  INCURRED  IN  PROVIDING
TRAINING  IN  CHILD  ABUSE  PEDIATRICS  CERTIFIED  FELLOWSHIP  PROGRAMS,
INCLUDING, BUT NOT LIMITED TO,  PERSONNEL,  ADMINISTRATION  AND  TRAINEE
RELATED  EXPENSES  AND OTHER EXPENSES JUDGED REASONABLE AND NECESSARY BY
THE COMMISSIONER.
  (C) GRANTS UNDER THIS SUBDIVISION SHALL BE AWARDED BY THE COMMISSIONER
THROUGH A COMPETITIVE APPLICATION PROCESS TO THE  COUNCIL.  THE  COUNCIL
SHALL  MAKE  RECOMMENDATIONS  FOR FUNDING TO THE COMMISSIONER. IN MAKING
AWARDS, THE COMMISSIONER SHALL CONSIDER THE EXTENT TO WHICH  THE  APPLI-
CANT:
  (I)   PLANS  TO  INCORPORATE  CHILD  ABUSE  PEDIATRICS  LONGITUDINALLY
THROUGHOUT THE FELLOWSHIP TRAINING PROGRAM ACCORDING  TO  PROFESSIONALLY
RECOGNIZED STANDARDS;
  (II) FUNCTIONS IN COLLABORATION WITH CHILD ADVOCACY CENTERS, HOSPITALS
OR MULTIDISCIPLINARY TEAMS; AND
  (III) MAKES COMPLEMENTARY EFFORTS TO RECRUIT OR TRAIN QUALIFIED FACUL-
TY IN CHILD ABUSE PEDIATRICS FELLOWSHIP EDUCATION.
  (D)  THE INTENT OF THIS SUBDIVISION IS TO AUGMENT OR INCREASE TRAINING
IN CHILD ABUSE PEDIATRICS FOLLOWING RESIDENCY. GRANT FUNDING  SHALL  NOT
BE  USED  TO OFFSET EXISTING EXPENDITURES THE INSTITUTION OR PROGRAM HAS
OBLIGATED OR INTENDS TO OBLIGATE FOR SUCH TRAINING PROGRAMS.
  (E) THE COMMISSIONER SHALL RECOMMEND THE APPROPRIATE LEVEL AND  SOURCE
OF  FUNDING  FOR  GRANTS  FOR  GRADUATE MEDICAL EDUCATION IN CHILD ABUSE
PEDIATRICS UNDER THIS SECTION AND SUBMIT A REPORT TO  THE  GOVERNOR  AND
THE  LEGISLATURE,  ON  OR  BEFORE  DECEMBER  FIRST, TWO THOUSAND ELEVEN,
CONTAINING SUCH RECOMMENDATIONS.
  3. NEW YORK STATE CHILD ABUSE PEDIATRICS EDUCATION AND TRAINING  COUN-
CIL.  (A) THE NEW YORK STATE CHILD ABUSE PEDIATRICS EDUCATION AND TRAIN-
ING COUNCIL IS ESTABLISHED IN THE DEPARTMENT AS AN EXPERT PANEL IN CHILD
ABUSE  PEDIATRICS EDUCATION AND TRAINING. ITS MEMBERS SHALL BE APPOINTED
BY THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION.
THE COMMISSIONER, IN CONSULTATION WITH THE  COMMISSIONER  OF  EDUCATION,
SHALL  SEEK  RECOMMENDATIONS  FOR  APPOINTMENTS TO SUCH COUNCIL FROM NEW
YORK STATE-BASED HEALTH CARE  PROFESSIONAL,  MEDICAL  INSTITUTIONAL  AND
MEDICAL  EDUCATIONAL LEADERS.  THESE RECOMMENDATIONS WILL BE MADE BY THE
CHILD ABUSE MEDICAL PROVIDERS NETWORK PROGRAM. MEMBERS  OF  THE  COUNCIL
SHALL  INCLUDE:  FIVE  REPRESENTATIVES  OF  MEDICAL  SCHOOLS, SCHOOLS OF

A. 345                              3

OSTEOPATHIC MEDICINE AND HOSPITAL ORGANIZATIONS;  THREE  REPRESENTATIVES
OF  MEDICAL SPECIALTIES; TWO CHILD ADVOCATES; INDIVIDUAL REPRESENTATIVES
OF AN ORGANIZATION BROADLY  REPRESENTATIVE  OF  PEDIATRICIANS,  INTERNAL
MEDICINE,  FAMILY  PHYSICIANS, NEUROLOGISTS, PSYCHIATRISTS AND ORTHOPED-
ISTS; AND THE EXECUTIVE DIRECTOR OR A MEMBER OF THE  CHILDREN'S  JUSTICE
TASK  FORCE AND OF THE NEW YORK STATE COUNCIL ON GRADUATE MEDICAL EDUCA-
TION. MEMBERS SHALL SERVE A TERM OF THREE YEARS  WITH  RENEWABLE  TERMS.
MEMBERS  SHALL  RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
ALLOWED ACTUAL AND  NECESSARY  EXPENSES  IN  THE  PERFORMANCE  OF  THEIR
DUTIES.
  (B) A CHAIRPERSON AND VICE-CHAIRPERSON OF THE COUNCIL SHALL BE ELECTED
ANNUALLY  BY  THE  COUNCIL.  THE COUNCIL SHALL MEET UPON THE CALL OF THE
CHAIRPERSON, AND MAY ADOPT BYLAWS CONSISTENT WITH THIS SECTION.
  (C) THE COMMISSIONER SHALL DESIGNATE SUCH EMPLOYEES AND PROVIDE  OTHER
RESOURCES  OF  THE  DEPARTMENT  AS  ARE  REASONABLY NECESSARY TO PROVIDE
SUPPORT SERVICES TO THE COUNCIL. THE COUNCIL, ACTING BY THE CHAIR OF THE
COUNCIL, MAY EMPLOY ADDITIONAL STAFF AND  CONSULTANTS  AND  INCUR  OTHER
EXPENSES  TO  CARRY OUT ITS DUTIES, TO BE PAID FROM AMOUNTS WHICH MAY BE
MADE AVAILABLE TO THE COUNCIL FOR THAT PURPOSE.
  (D) THE COUNCIL MAY PROVIDE INFORMATION AND GUIDANCE FOR PRACTITIONERS
ON THE LATEST CHILD ABUSE PEDIATRICS APPROACHES AND STRATEGIES.
  4. REPORTS. THE COMMISSIONER, IN CONJUNCTION WITH THE  COUNCIL,  SHALL
PREPARE  AND  SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE, ON OR
BEFORE FEBRUARY FIRST, TWO THOUSAND FIFTEEN REPORTING  THE  RESULTS  AND
EVALUATING THE EFFECTIVENESS OF THIS SECTION.
  S 2. This act shall take effect immediately.