NY State Senate Bill 2015-S3886

Senate Bill S3886

2015-2016 Legislative Session

Relates to the training of police officers and firefighters with respect to persons with disabilities and hearing-impaired people

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
Feb 20, 2015	referred to local government

2015-S3886 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Add §209-ff, Gen Muni L; add §3054, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3417
2013-2014: S1571
2017-2018: S3615

2015-S3886 (ACTIVE) - Summary

Relates to the training of police officers, firefighters and emergency responders with respect to persons with disabilities and hearing-impaired people.

2015-S3886 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3886

TITLE OF BILL:

An act to amend the general municipal law and the public health law,
in relation to the training of police officers and firefighters

PURPOSE:

This bill amends the general municipal law and the public health law,
in relation to the training of police officers, firefighters and
emergency responders with respect to persons with disabilities; the
training is designed to further educate first responders on the
appropriate recognition and response techniques for handling emergency
situations involving persons with disabilities.

SUMMARY OF PROVISIONS:

Section 1. Amends the general municipal law by adding a new section
209-ff to require training for police officers and firefighters with
respect to persons with disabilities.

Sub-section (1) (a). Provides that the Commissioner of the New York
State Division of Criminal Justice Services in consultation with the
Commissioner of the Office of People with Developmental Disabilities
along with disability advocacy groups shall review the training course

entitled "persons with Disabilities" under the "Basic Course" to make
necessary modifications to include additional information on
developmental disabilities and hearing impairments. Further, that the
training course be administered by the Commission on Quality of Care
and Advocacy for Persons with Disabilities, created under article
forty-five of the mental hygiene law, as part of the in-service
training provided to police officers.

Subsection (1) (b). Provides that every local police officer shall
complete the above-mentioned training course and that every police
officer appointed prior to the effective date of this law shall
complete the course within thirty-six months.

Subsection (2) (a). Provides that the State Fire Administrator of the
Office of Fire Prevention and Control in consultation with the
Commissioner of the Office of People with Developmental Disabilities
along with disability advocacy groups shall adapt training programs in
accordance with (1) (a) above within sixteen months.  Subsection (2)
(b), Provides that all individuals engaged in fire suppression, fire
fighting, or fire rescue shall complete training as part of their
continuing education requirements at least every thirty six months.

Section 2. Amends the public health law by adding a new section 3054
in relation to the training of emergency responders with respect to
persons with disabilities.

Subsection (1). Provides that the Director of the New York State
Health Department Bureau of Emergency Medical Services in consultation
with the Commissioner of the Office of People with Developmental
Disabilities along with disability advocacy groups shall adapt


training Programs in accordance with (1) (a) above within eighteen
months.

Subsection (2). Requires training pursuant to 209-ff (1) (a) above
prior to certification of every advanced emergency medical technician,
emergency medical technician or first responder by the Health
Department. Subsection (3). Requires training that is substantially
similar to the training mandated under 209-ff (1) (a) above prior to
recertification of every advanced emergency medical technician,
emergency medical technician or first responder by the Health
Department. This section also provides that no advanced emergency
medical technician, emergency medical technician or first responder
shall be exempt from this requirement fox and reason, certification or
test score.

Section 3. Sets forth the effective date.

JUSTIFICATION:

Individuals with developmental disabilities comprise about 1.5% of the
entire population of the United States and they rely on first
responders (police, firefighters and emergency medical technicians) in
emergency situations. In fact, an individual with a developmental
disability is approximately seven times more likely to come into
contact with a first responder. Without proper training for first
responders, the emergency needs of these individuals may not be
proper-y served, and an emergency situation can escalate leading to an
unnecessary fear, injury or even death. Standard protocols cannot
always be used because of communication and comprehension barriers,
differences in danger perception or sensitivity to pain and physical
contact.

When emergency situations arise, it is essential that first responders
have the appropriate skill set so that persons with developmental
disabilities will receive proper assistance. Therefore, specialized
training is necessary to ensure New York's first responders are
capable of identifying individuals with developmental disabilities and
communicating in an appropriate and effective manner in response to
the particular emergency situation. This legislation will ensure New
York's first responders receive that training by adding to existing
training and re-certification requirements.

LEGISLATIVE HISTORY:

2013-14: S.1571 - Referred to Local Government
2011-12: S.3417 - Referred to Local Government

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2015-S3886 (ACTIVE) - Bill Text download pdf

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

                                  3886

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal law and the public health law,  in
  relation to the training of police officers and firefighters

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

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 209-ff to read as follows:
  S  209-FF.  TRAINING  OF  POLICE OFFICERS AND FIREFIGHTERS. 1. (A) THE
COMMISSIONER  OF  THE  NEW  YORK  STATE  DIVISION  OF  CRIMINAL  JUSTICE
SERVICES, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH  DEVELOPMENTAL  DISABILITIES  AND DISABILITY ADVOCACY GROUPS, SHALL
REVIEW THE TRAINING COURSE ENTITLED "PERSONS  WITH  DISABILITIES,"  PART
FIVE  SECTION E OF THE BASIC COURSE FOR POLICE OFFICERS AND MODIFY IT TO
INCLUDE INSTRUCTION ON OTHER DEVELOPMENTAL  DISABILITIES  AS  WELL.  THE
TRAINING   SHOULD  INCLUDE  INSTRUCTION  ON  CEREBRAL  PALSY,  EPILEPSY,
EMOTIONAL DISTURBANCE, TRAUMATIC BRAIN INJURY, PERSONS WHO ARE  HEARING-
IMPAIRED,  AND  ANY OTHER DISABILITY DEEMED NECESSARY BY THE COMMISSION-
ERS. THE TRAINING SHALL BE DESIGNED TO EDUCATE POLICE OFFICERS ON APPRO-
PRIATE  RECOGNITION  AND  RESPONSE  TECHNIQUES  FOR  HANDLING  EMERGENCY
SITUATIONS  INVOLVING  INDIVIDUALS  WITH  DEVELOPMENTAL  DISABILITIES OR
PEOPLE WHO ARE HEARING-IMPAIRED.   THE CURRICULUM  SHOULD  ALSO  INCLUDE
INSTRUCTION ON APPROPRIATE INTERVIEW AND INTERROGATION TECHNIQUES. ADDI-
TIONAL  ATTENTION  SHOULD BE PLACED UPON BEHAVIORS ASSOCIATED WITH INDI-
VIDUALS WITH AUTISM AND OTHER NEUROLOGICAL AND BEHAVIORALLY BASED DISOR-
DERS.  THIS REVIEW AND MODIFICATION SHALL BE IMPLEMENTED  WITHIN  TWELVE
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
  (B)  NOTWITHSTANDING  ANY STATE OR LOCAL LAW, PRIOR TO BEING APPOINTED
TO PERMANENT STATUS AS A LOCAL POLICE OFFICER IN A LAW ENFORCEMENT UNIT,
AN INDIVIDUAL SHALL BE REQUIRED TO COMPLETE THE TRAINING COURSE ENTITLED
"PERSONS WITH DISABILITIES." EVERY LOCAL POLICE OFFICER APPOINTED  PRIOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09322-01-5

S. 3886                             2

TO THE EFFECTIVE DATE OF THIS SECTION SHALL, WITHIN THIRTY-SIX MONTHS OF
SUCH  EFFECTIVE  DATE,  SATISFACTORILY  COMPLETE  THE TRAINING DEVELOPED
UNDER PARAGRAPH (A) OF THIS SUBDIVISION.
  2.  (A)  THE STATE FIRE ADMINISTRATOR OF THE OFFICE OF FIRE PREVENTION
AND CONTROL, IN CONSULTATION WITH THE COMMISSIONER  OF  THE  OFFICE  FOR
PEOPLE  WITH  DEVELOPMENTAL DISABILITIES AND DISABILITY ADVOCACY GROUPS,
SHALL ADAPT THE TRAINING DEVELOPED BY THE COMMISSIONER OF THE  NEW  YORK
STATE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  UNDER PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION TO BE UTILIZED FOR  TRAINING  FIREFIGHT-
ERS. THE CURRICULUM SHALL BE INCORPORATED INTO EXISTING REQUIREMENTS FOR
TRAINING,  RE-CERTIFICATION  AND  CONTINUING  EDUCATION OF FIREFIGHTERS,
WITHIN SIXTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
  (B) NOTWITHSTANDING ANY STATE OR LOCAL LAW, ALL  FIREFIGHTERS,  VOLUN-
TEER OR PAID, PERMANENT OR NON-PERMANENT, AND ALL INDIVIDUALS ENGAGED IN
FIRE  SUPPRESSION,  FIREFIGHTING,  OR  FIRE  RESCUE SHALL BE REQUIRED TO
SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER  PARAGRAPH  (A)  OF
SUBDIVISION  ONE  OF THIS SECTION, AS PART OF EXISTING CONTINUING EDUCA-
TION REQUIREMENTS, AT LEAST ONCE EVERY THIRTY-SIX MONTHS.
  S 2. The public health law is amended by adding a new section 3054  to
read as follows:
  S  3054.  TRAINING OF EMERGENCY RESPONDERS. 1. THE DIRECTOR OF THE NEW
YORK STATE HEALTH DEPARTMENT BUREAU OF EMERGENCY  MEDICAL  SERVICES,  IN
CONSULTATION  WITH THE COMMISSIONER OF THE OFFICE FOR PEOPLE WITH DEVEL-
OPMENTAL DISABILITIES AND DISABILITY ADVOCACY GROUPS,  SHALL  ADAPT  THE
TRAINING DEVELOPED BY THE COMMISSIONER OF THE NEW YORK STATE DIVISION OF
CRIMINAL  JUSTICE  SERVICES PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE
OF SECTION TWO HUNDRED NINE-FF  OF  THE  GENERAL  MUNICIPAL  LAW  TO  BE
UTILIZED  FOR  TRAINING  EMERGENCY  RESPONDERS.  THE CURRICULUM SHALL BE
INCORPORATED INTO EXISTING REQUIREMENTS FOR  TRAINING,  RE-CERTIFICATION
AND CONTINUING EDUCATION OF EMERGENCY RESPONDERS, WITHIN EIGHTEEN MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION.
  2.  PRIOR  TO  CERTIFICATION  BY  THE NEW YORK STATE HEALTH DEPARTMENT
BUREAU OF EMERGENCY MEDICAL SERVICES, EVERY ADVANCED  EMERGENCY  MEDICAL
TECHNICIAN,  EMERGENCY  MEDICAL TECHNICIAN OR CERTIFIED FIRST RESPONDER,
AS DEFINED IN SECTION THREE THOUSAND  ONE  OF  THIS  CHAPTER,  SHALL  BE
REQUIRED  TO SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER SUBDI-
VISION ONE OF THIS SECTION.
  3. PRIOR TO RE-CERTIFICATION BY THE NEW YORK STATE  HEALTH  DEPARTMENT
BUREAU  OF  EMERGENCY MEDICAL SERVICES, EVERY ADVANCED EMERGENCY MEDICAL
TECHNICIAN, EMERGENCY MEDICAL TECHNICIAN OR CERTIFIED  FIRST  RESPONDER,
AS  DEFINED  IN  SECTION  THREE  THOUSAND  ONE OF THIS CHAPTER, SHALL BE
REQUIRED TO SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER  SUBDI-
VISION ONE OF THIS SECTION. THE TRAINING SHALL BE COMPLETED AS PART OF A
STATE  APPROVED  REFRESHER  COURSE  OR  CONTINUING EDUCATION COURSE. THE
TRAINING SHALL BE SUBSTANTIALLY SIMILAR, IN SUBSTANCE AND  DURATION,  TO
THE TRAINING MANDATED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO
HUNDRED  NINE-FF  OF  THE  GENERAL  MUNICIPAL LAW. NO ADVANCED EMERGENCY
MEDICAL TECHNICIAN, EMERGENCY  MEDICAL  TECHNICIAN  OR  CERTIFIED  FIRST
RESPONDER,  AS  DEFINED  IN  SECTION THREE THOUSAND ONE OF THIS CHAPTER,
SHALL BE EXEMPT FROM THIS REQUIREMENT FOR ANY REASON,  CERTIFICATION  OR
TEST SCORE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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