NY State Senate Bill 2021-S5343

Senate Bill S5343

2021-2022 Legislative Session

Relates to requiring care providers to provide information in cases of suspected domestic violence

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services 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 05, 2022	referred to social services
Mar 02, 2021	referred to social services

co-Sponsors

2021-S5343 (ACTIVE) - Details

See Assembly Version of this Bill:: A921
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Add §459-i, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7155, A9542
2019-2020: S5628, A7400
2023-2024: S29

2021-S5343 (ACTIVE) - Summary

Relates to requiring care providers to provide information in cases of suspected domestic violence.

2021-S5343 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5343

SPONSOR: STEC
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring care
providers to provide information in cases of suspected domestic violence

 
PURPOSE:

To provide information and care to those to be suspected victims of
domestic violence.

 
SUMMARY OF PROVISIONS:

Section 1 cites the act as the "Jamie Rose Care Provider Act"

Section 2 amends the social service law by adding new section 459-I
parts (1) which sets a population cap, establishes primary domestic
violence agencies, lists, but not limits, Care Providers, identifies
administrative necessities by this legislation, gives protections to

Care Providers, (2) creation of educational material educating Care
Providers on protocol in the case of suspected domestic violence, (3)
creation of a evidential paper trail of suspected domestic violence, (4)
requirement of annual training sessions for Care Providers on how to
recognize the signs of domestic violence, (5) providing informative
material on local programs for suspected victims of domestic violence,
(6) and requiring the right for the suspected victim of domestic
violence to refuse support from a Care Provider at any time.

Section 3 provides the effective date.

 
JUSTIFICATION:

Jamie Rose, a young woman from Tupper Lake, and her estranged partner
with a history of domestic violence were at the doctor's office.  While
at the doctor's office, Jamie's estranged partner made audible verbal
threats, heard by staff of the doctor's office, on Jamie's life. Under
current law, no one who was working in the doctor's office, who heard
the threats, would have been required to ensure Jamie's safety. Sadly,
after the appointment, Jamie was murdered by her estranged partner.

All too often, survivors of domestic violence are unaware of the help
they can receive within their communities. This legislation will help
the many domestic violence survivors, which are in a similar situation
as Jamie was, to ensure that they know there are reliable and helpful
options available at any time.

 
LEGISLATIVE HISTORY:

2020/2019: S5628 referred to Social Services; A7400 referred to Social
Services

2018: S7155A referred to Social Services; A9542A referred to Social
Services

 
FISCAL IMPLICATIONS:

To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law.

2021-S5343 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5343
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2021
                                ___________
 
 Introduced  by  Sen.  STEC  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to  requiring  care
   providers  to  provide  information  in  cases  of  suspected domestic
   violence

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Jamie Rose
 care provider act".
   §  2. The social services law is amended by adding a new section 459-i
 to read as follows:
   § 459-I. CARE PROVIDERS REQUIRED TO PROVIDE INFORMATION  IN  CASES  OF
 SUSPECTED  DOMESTIC VIOLENCE. 1. (A) CARE PROVIDERS IN CITIES, TOWNS AND
 VILLAGES (I) WITH A POPULATION LESS THAN ONE MILLION; AND  (II)  LOCATED
 IN A COUNTY IN WHICH THE COUNTY LEGISLATURE HAS DECLARED AN AGENCY OTHER
 THAN  A  LAW-ENFORCEMENT  AGENCY AS ITS PRIMARY DOMESTIC VIOLENCE AGENCY
 ARE REQUIRED TO PROVIDE DOMESTIC VIOLENCE SUPPORT INFORMATION OR, AT THE
 REQUEST OF THE SUSPECTED VICTIM, CAUSE A REPORT TO BE MADE IN ACCORDANCE
 WITH THIS ARTICLE WHEN THEY HAVE REASONABLE CAUSE  TO  SUSPECT  THAT  AN
 INDIVIDUAL COMING BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY
 IS  THE  VICTIM OF DOMESTIC VIOLENCE. FOR PURPOSES OF THIS SECTION "CARE
 PROVIDERS" SHALL INCLUDE, BUT ARE NOT LIMITED TO: ANY PHYSICIAN;  REGIS-
 TERED  PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; CORONER; DENTIST;
 DENTAL  HYGIENIST;  OSTEOPATH;  OPTOMETRIST;  CHIROPRACTOR;  PODIATRIST;
 RESIDENT;  INTERN;  PSYCHOLOGIST;  REGISTERED NURSE; NURSE PRACTITIONER;
 SOCIAL WORKER; EMERGENCY  MEDICAL  TECHNICIAN;  LICENSED  CREATIVE  ARTS
 THERAPIST;  LICENSED  MARRIAGE  AND  FAMILY  THERAPIST;  LICENSED MENTAL
 HEALTH COUNSELOR; LICENSED  PSYCHOANALYST;  LICENSED  BEHAVIOR  ANALYST;
 CERTIFIED  BEHAVIOR ANALYST ASSISTANT; HOSPITAL PERSONNEL ENGAGED IN THE
 ADMISSION, EXAMINATION,  CARE  OR  TREATMENT  OF  PERSONS;  A  CHRISTIAN
 SCIENCE PRACTITIONER; SCHOOL OFFICIAL, WHICH INCLUDES BUT IS NOT LIMITED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05537-01-1

 S. 5343                             2
 
 TO  SCHOOL  TEACHER,  SCHOOL  GUIDANCE  COUNSELOR,  SCHOOL PSYCHOLOGIST,
 SCHOOL SOCIAL WORKER, SCHOOL NURSE, SCHOOL ADMINISTRATOR OR OTHER SCHOOL
 PERSONNEL REQUIRED TO HOLD  A  TEACHING  OR  ADMINISTRATIVE  LICENSE  OR
 CERTIFICATE;  FULL  OR PART-TIME COMPENSATED SCHOOL EMPLOYEE REQUIRED TO
 HOLD A TEMPORARY COACHING LICENSE OR PROFESSIONAL COACHING  CERTIFICATE;
 SOCIAL  SERVICES WORKER; EMPLOYEE OF A PUBLICLY-FUNDED EMERGENCY SHELTER
 FOR FAMILIES WITH CHILDREN; DIRECTOR OF  A  CHILDREN'S  OVERNIGHT  CAMP,
 SUMMER  DAY CAMP OR TRAVELING SUMMER DAY CAMP, AS SUCH CAMPS ARE DEFINED
 IN SECTION THIRTEEN HUNDRED NINETY-TWO OF THE  PUBLIC  HEALTH  LAW;  DAY
 CARE  CENTER WORKER; SCHOOL-AGE CHILD CARE WORKER; PROVIDER OF FAMILY OR
 GROUP FAMILY DAY CARE; EMPLOYEE  OR  VOLUNTEER  IN  A  RESIDENTIAL  CARE
 FACILITY  FOR  CHILDREN  THAT  IS LICENSED, CERTIFIED OR OPERATED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES;  OR  ANY  OTHER  CHILD  CARE  OR
 FOSTER  CARE WORKER; MENTAL HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSE-
 LOR; ALCOHOLISM COUNSELOR; ALL PERSONS CREDENTIALED  BY  THE  OFFICE  OF
 ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES; PEACE OFFICER; POLICE OFFICER;
 DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR  EMPLOYED
 IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL.
   (B)  WHENEVER  SUCH PERSON FILES A REPORT UNDER THIS ARTICLE IN HIS OR
 HER CAPACITY AS A MEMBER OF THE STAFF OF A MEDICAL OR  OTHER  PUBLIC  OR
 PRIVATE  INSTITUTION,  SCHOOL, FACILITY OR AGENCY, HE OR SHE SHALL IMME-
 DIATELY NOTIFY THE PERSON IN CHARGE OF SUCH INSTITUTION, SCHOOL, FACILI-
 TY OR AGENCY, OR HIS OR HER DESIGNATED AGENT. SUCH PERSON IN CHARGE,  OR
 THE DESIGNATED AGENT OF SUCH PERSON, SHALL BE RESPONSIBLE FOR ALL SUBSE-
 QUENT  ADMINISTRATION  NECESSITATED  BY  THE  REPORT.  ANY  REPORT SHALL
 INCLUDE THE NAME, TITLE AND CONTACT INFORMATION FOR EVERY  STAFF  PERSON
 OF THE INSTITUTION WHO IS BELIEVED TO HAVE DIRECT KNOWLEDGE OF THE ALLE-
 GATIONS IN THE REPORT. NOTHING IN THIS SECTION OR ARTICLE IS INTENDED TO
 REQUIRE  MORE THAN ONE REPORT FROM ANY SUCH INSTITUTION, SCHOOL OR AGEN-
 CY.
   (C) A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, SCHOOL, FACILITY
 OR AGENCY 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  BECAUSE  SUCH  EMPLOYEE
 BELIEVES THAT HE OR SHE HAS REASONABLE CAUSE TO SUSPECT THAT AN INDIVID-
 UAL IS THE VICTIM OF DOMESTIC VIOLENCE AND THAT EMPLOYEE THEREFORE MAKES
 A REPORT IN ACCORDANCE WITH THIS ARTICLE AT THE REQUEST OF THE SUSPECTED
 VICTIM.  NO  SCHOOL,  SCHOOL  OFFICIAL, CHILD CARE PROVIDER, FOSTER CARE
 PROVIDER, RESIDENTIAL CARE FACILITY PROVIDER, HOSPITAL, MEDICAL INSTITU-
 TION PROVIDER OR MENTAL HEALTH FACILITY PROVIDER SHALL IMPOSE ANY CONDI-
 TIONS, INCLUDING PRIOR APPROVAL OR PRIOR NOTIFICATION, UPON A MEMBER  OF
 THEIR STAFF WHO FILES A REPORT UNDER THIS ARTICLE.
   2.  ANY  PERSON,  INSTITUTION, SCHOOL, FACILITY, AGENCY, ORGANIZATION,
 PARTNERSHIP OR CORPORATION WHICH EMPLOYS PERSONS THAT FILE A  REPORT  OF
 SUSPECTED  INCIDENTS OF DOMESTIC VIOLENCE PURSUANT TO SUBDIVISION ONE OF
 THIS SECTION SHALL MAKE A GOOD-FAITH EFFORT TO PROVIDE ALL SUCH  CURRENT
 AND  NEW  EMPLOYEES  WITH  WRITTEN  INFORMATION EXPLAINING THE REPORTING
 PROCESS SET OUT IN SUCH SUBDIVISION. SUCH WRITTEN INFORMATION  SHALL  BE
 PREPARED  BY  THE  ADVISORY  COUNCIL OF THE OFFICE FOR THE PREVENTION OF
 DOMESTIC VIOLENCE, AND SHALL BE MADE AVAILABLE ON  THE  OFFICE  FOR  THE
 PREVENTION OF DOMESTIC VIOLENCE WEBSITE.  THE EMPLOYERS SHALL BE RESPON-
 SIBLE  FOR THE COSTS ASSOCIATED WITH PRINTING AND DISTRIBUTING THE WRIT-
 TEN INFORMATION.  IF AN EMPLOYER IS UNABLE TO PROVIDE SUCH  INFORMATION,
 THE  EMPLOYER  MAY  REQUEST  THE  OFFICE  FOR THE PREVENTION OF DOMESTIC
 VIOLENCE MAIL THE INFORMATION TO SUCH EMPLOYER.

 S. 5343                             3
 
   3. THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE SHALL  CREATE  A
 FORM FOR THE REPORTING OF SUSPECTED DOMESTIC VIOLENCE CASES DESCRIBED IN
 SUBDIVISION ONE OF THIS SECTION. SUCH FORM SHALL BE PROVIDED BY A PERSON
 THAT  FILES  A  REPORT  OF  SUSPECTED  DOMESTIC  VIOLENCE  CASES  TO THE
 SUSPECTED  VICTIM  OF  DOMESTIC VIOLENCE, AND SHALL BE MADE AVAILABLE ON
 THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE  WEBSITE.  SUCH  FORM
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A DESCRIPTION OF THE CIRCUMSTANCES
 LEADING  TO  THE SUSPECTED CASE OF DOMESTIC VIOLENCE, THE ALLEGED PERPE-
 TRATOR OF DOMESTIC VIOLENCE AND THE DATE OF THE SUSPECTED INCIDENT. SUCH
 FORM SHALL BE SUBMITTED BY THE  CARE  PROVIDER  TO  THE  COUNTY  PRIMARY
 DOMESTIC  VIOLENCE AGENCY.   SUCH PRIMARY DOMESTIC VIOLENCE AGENCY SHALL
 KEEP ALL SUCH FORMS ON FILE.
   4. ANY EMPLOYER WHICH EMPLOYS A CARE PROVIDER SHALL HOLD ANNUAL TRAIN-
 INGS FOR CARE PROVIDERS ON  HOW  TO  RECOGNIZE  THE  SIGNS  OF  DOMESTIC
 VIOLENCE.
   5.  FOR  PURPOSES  OF THIS SECTION "DOMESTIC VIOLENCE SUPPORT INFORMA-
 TION" SHALL INCLUDE, BUT NOT BE LIMITED TO, MATERIALS DISCUSSING OPTIONS
 THAT A SURVIVOR OF DOMESTIC VIOLENCE HAS IN  ORDER  TO  PROTECT  HIM  OR
 HERSELF  AT  ANY  GIVEN  TIME, AND THE RESOURCES THAT A PRIMARY DOMESTIC
 VIOLENCE AGENCY PROVIDES IN THE COUNTY. SUCH MATERIAL SHALL  BE  UPDATED
 BY THE PRIMARY DOMESTIC VIOLENCE AGENCY IN THE COUNTY EVERY TWO YEARS.
   6.  THE  SUSPECTED  DOMESTIC  VIOLENCE  VICTIM SHALL HAVE THE RIGHT TO
 REFUSE DOMESTIC VIOLENCE SUPPORT INFORMATION AT ANY TIME.
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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Senate Bill S5343

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Sponsored By

Daniel G. Stec