S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6477
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2017
                                ___________
 
 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:
   §  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.
                                                            LBD09233-01-7

 A. 6477                             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.
   § 2. This act shall take effect immediately.