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

                                  8307

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 19, 2015
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Mental Health

AN  ACT  to amend the social services law, in relation to duty to report
  incidents to 9-1-1 and the county district attorney's office

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

  Section  1.  Section  491  of  the  social services law, as amended by
section 1 of part B of chapter 501 of the laws of 2012 and subdivision 4
as amended by chapter 126 of the laws of 2014, is  amended  to  read  as
follows:
  S  491.  Duty  to  report  incidents.  1. (a) Mandated reporters shall
report allegations of reportable incidents  to  A  9-1-1  OPERATOR,  THE
COUNTY  DISTRICT  ATTORNEY'S  OFFICE AND the vulnerable persons' central
register as established by section four hundred ninety-two of this arti-
cle and in accordance with the requirements set forth therein.
  (b) Allegations of reportable incidents shall be reported  immediately
to  A  9-1-1  OPERATOR,  THE  COUNTY  DISTRICT ATTORNEY'S OFFICE AND 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 subdivi-
sion 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, thera-
peutic, 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

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11697-01-5

A. 8307                             2

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  investi-
gation  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.
  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  A  9-1-1  OPERATOR,  THE
COUNTY  DISTRICT  ATTORNEY'S  OFFICE AND the vulnerable persons' central
register who knowingly and willfully fails to do so shall be guilty of a
class [A misdemeanor] E FELONY.
  (b) A mandated reporter who knowingly and willfully fails to report  a
case  of  suspected  abuse  or  neglect  to A 9-1-1 OPERATOR, THE COUNTY
DISTRICT ATTORNEY'S OFFICE AND 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  A  9-1-1  OPERATOR,  THE
COUNTY  DISTRICT  ATTORNEY'S  OFFICE AND 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. ALL STATE AND  PRIVATE  AGENCIES  WITH  MANDATORY  REPORTERS  SHALL
RETRAIN  ALL  STAFF  ON  REPORTING  TO  A  9-1-1 OPERATOR AND THE COUNTY
DISTRICT ATTORNEY'S OFFICE AND ALL STATE AND PRIVATE WEBSITES,  TRAINING
MANUALS,  INFORMATIONAL BROCHURES OR PAMPHLETS DIRECTING REPORTING SHALL
STATE THAT SUCH INSTANCES BE REPORTED TO A 9-1-1 OPERATOR AND THE COUNTY
DISTRICT ATTORNEY'S OFFICE. ALL FORMER POSTERS AND WALLET CARDS AND  ANY
OTHER  INFORMATION  DIRECTING REPORTING OF CRIMES AND EMERGENCIES TO THE
JUSTICE CENTER SHALL BE REMOVED AND REPLACED BY 9-1-1 REPORTING POSTERS,
WALLET CARDS AND ALL OTHER SOURCES THAT SHALL BE  LOCATED  CONSPICUOUSLY
IN A TIMELY MANNER.
  S 2. This act shall take effect immediately.