S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5803
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by Sens. SEPULVEDA, JACKSON -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Cities 1
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to requiring the New York city department of corrections and
   the New York city health and hospitals  corporation  to  adopt  safety
   policies and training to protect health care workers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 9-168 to read as follows:
   §  9-168 HEALTH CARE WORKER SAFETY POLICY; REPORTS. A. DEFINITIONS. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   1. "CORRECTIONAL HEALTH SERVICES" MEANS THE DIVISION OF THE  NEW  YORK
 CITY  HEALTH  AND  HOSPITALS CORPORATION RESPONSIBLE FOR THE DELIVERY OF
 HEALTH AND MENTAL HEALTH SERVICES TO  INCARCERATED  INDIVIDUALS  IN  THE
 CUSTODY  OF  THE DEPARTMENT, AND ANY OTHER HEALTH CARE ENTITY DESIGNATED
 BY THE CITY OF NEW YORK AS THE AGENCY OR AGENCIES RESPONSIBLE FOR HEALTH
 SERVICES FOR INCARCERATED INDIVIDUALS IN THE CARE  AND  CUSTODY  OF  THE
 DEPARTMENT, INCLUDING AN OUTSIDE PROVIDER SHARING SUCH RESPONSIBILITIES.
   2.  "HEALTH  CARE WORKER" MEANS A HEALTH CARE PROFESSIONAL EMPLOYED BY
 CORRECTIONAL HEALTH SERVICES OR ANOTHER ENTITY  DESCRIBED  IN  PARAGRAPH
 ONE  OF THIS SUBDIVISION WHO REGULARLY PROVIDES HEALTH AND MENTAL HEALTH
 SERVICES TO INCARCERATED INDIVIDUALS IN THE CUSTODY OF  THE  DEPARTMENT.
 SUCH TERM SHALL INCLUDE DENTISTS, PHYSICAL THERAPISTS AND SUBCONTRACTORS
 OF  ANY  HEALTH  CARE  ENTITY  DESIGNATED BY THE CITY OF NEW YORK AS THE
 AGENCY OR AGENCIES RESPONSIBLE  FOR  HEALTH  SERVICES  FOR  INCARCERATED
 INDIVIDUALS  IN  THE  CARE  AND  CUSTODY OF THE DEPARTMENT, INCLUDING AN
 OUTSIDE PROVIDER.
   3. "HOSPITALS CORPORATION" OR "CORPORATION" MEANS THE  NEW  YORK  CITY
 HEALTH AND HOSPITALS CORPORATION.
   4.  "SPECIAL  OFFICER"  MEANS  A  PEACE  OFFICER APPOINTED PURSUANT TO
 SUBDIVISION FORTY OF SECTION 2.10 OF  THE  CRIMINAL  PROCEDURE  LAW  AND
 EMPLOYED  BY THE CITY OF NEW YORK OR THE NEW YORK CITY HEALTH AND HOSPI-
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01236-01-5
 S. 5803                             2

 TALS CORPORATION TO PERFORM THE PATROL, INVESTIGATION,  AND  MAINTENANCE
 OF  THE  PEACE  DUTIES  OF  SPECIAL  OFFICER, SENIOR SPECIAL OFFICER AND
 HOSPITAL SECURITY OFFICER.
   B.  HEALTH  CARE  WORKER  SAFETY POLICY. 1. THE DEPARTMENT, IN COLLAB-
 ORATION WITH CORRECTIONAL HEALTH SERVICES SHALL DEVELOP AND IMPLEMENT  A
 JOINT  HEALTH  CARE  WORKER SAFETY POLICY TO PROTECT HEALTH CARE WORKERS
 FROM ASSAULT  AND  OTHER  VIOLENT  INCIDENTS  DURING  THE  PROVISION  OF
 SERVICES  TO  INCARCERATED  INDIVIDUALS.  SUCH  POLICY SHALL ESTABLISH A
 MINIMUM STANDARD OF CARE FOR HEALTH CARE WORKER SAFETY WHICH  SHALL,  AT
 MINIMUM:
   2.  REQUIRE  YEARLY TRAINING FOR ALL UNIFORMED STAFF OF THE DEPARTMENT
 AND ALL SPECIAL OFFICERS AS DEFINED IN PARAGRAPH FOUR OF  SUBDIVISION  A
 OF  THIS  SECTION  REGARDING  MINIMUM  STANDARDS  NECESSARY TO SECURE AN
 INCARCERATED INDIVIDUAL IN THE PRESENCE OF A HEALTH CARE WORKER.
   3. ESTABLISH PROTOCOLS  IN  CONSULTATION  WITH  STAKEHOLDERS  SUCH  AS
 HEALTH  CARE EMPLOYEE UNIONS, ADVOCACY AND COMMUNITY GROUPS, FOR REQUIR-
 ING UNIFORMED STAFF OF THE DEPARTMENT AND ALL SPECIAL OFFICERS TO INFORM
 ALL HEALTH CARE WORKERS WHO WILL OR ARE LIKELY TO COME INTO CONTACT WITH
 AN INCARCERATED INDIVIDUAL WITH  A  HISTORY  OF  VIOLENT  OR  AGGRESSIVE
 BEHAVIOR  WHENEVER  SUCH  INDIVIDUAL  IS ADMITTED TO A HOSPITAL OR OTHER
 MEDICAL FACILITY.  SUCH PROTOCOLS SHALL BE  REVIEWED,  AND  MODIFIED  IF
 DEEMED  NECESSARY,  BY  THE  DEPARTMENT  AND HEALTH CARE PROVIDERS ON AN
 ANNUAL BASIS TO ENSURE SUCH PROTOCOLS ARE  ADEQUATE  TO  PROTECT  HEALTH
 CARE WORKERS.
   C. REPORTING. 1. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF
 THIS  SECTION,  AND  EVERY  SIX  MONTHS  THEREAFTER,  THE DEPARTMENT AND
 CORRECTIONAL HEALTH SERVICES SHALL PUBLISH A JOINT REPORT ON THE  HEALTH
 CARE  WORKER  SAFETY POLICY, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO A
 REVIEW OF ANY NEW RULES AND REGULATIONS PROMULGATED OR AMENDED  PURSUANT
 THERETO, AND AN EVALUATION OF COMPLIANCE WITH THE POLICY AT EACH CORREC-
 TIONAL  FACILITY  AND  ANY MEDICAL FACILITY SUBJECT TO THE PROVISIONS OF
 THIS CHAPTER.
   2. NO LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS  SECTION
 AND  ANNUALLY,  THE  DEPARTMENT  AND  CORRECTIONAL HEALTH SERVICES SHALL
 PREPARE AND SUBMIT A  REPORT  TO  THE  LEGISLATURE.  SUCH  REPORT  SHALL
 INCLUDE A COPY OF EVERY JOINT REPORT PUBLISHED PURSUANT TO PARAGRAPH TWO
 OF THIS SUBDIVISION DURING THE TWELVE MONTHS PRECEDING THE DATE ON WHICH
 THE  REPORT  REQUIRED  PURSUANT TO THIS PARAGRAPH IS DUE AND ANY RELATED
 MATERIALS, TOGETHER WITH ANY RECOMMENDATIONS OR  PROPOSALS  RELATING  TO
 HEALTH  CARE  WORKER  SAFETY.   SUCH REPORT SHALL INCLUDE AN ANALYSIS OF
 WHETHER CERTAIN PUNITIVE MEASURES, INCLUDING  BUT  NOT  LIMITED  TO  THE
 IMPOSITION OF A HIGHER MAXIMUM SENTENCE OF IMPRISONMENT FOR ASSAULT ON A
 HEALTH  CARE WORKER BY AN INCARCERATED INDIVIDUAL, AND/OR PROVISIONS FOR
 THE EXTENSION OF SUCH AN INDIVIDUAL'S CURRENT SENTENCE SHOULD BE CONSID-
 ERED BY THE LEGISLATURE AS A DETERRENT TO SUCH ASSAULTS.
   D. PRIVATE RIGHT OF ACTION. 1. THE  DEPARTMENT,  THE  CORPORATION,  OR
 BOTH  SUCH DEPARTMENT AND CORPORATION SHALL BE LIABLE FOR DAMAGES TO ANY
 HEALTH CARE WORKER WHO SUFFERS INJURIES AS A RESULT OF  ANY  FAILURE  TO
 ENFORCE OR COMPLY WITH MINIMUM STANDARDS OF CARE ESTABLISHED PURSUANT TO
 SUBDIVISION B OF THIS SECTION.
   2.  A  HEALTH CARE WORKER AGGRIEVED BY A VIOLATION OF PARAGRAPH ONE OF
 THIS SUBDIVISION AND SUBDIVISION B OF THIS SECTION SHALL HAVE A CAUSE OF
 ACTION IN ANY COURT OF COMPETENT JURISDICTION  AGAINST  THE  DEPARTMENT,
 THE CORPORATION OR BOTH SUCH DEPARTMENT AND CORPORATION.
   § 2. This act shall take effect immediately.