Bill Text: NY A03542 | 2013-2014 | General Assembly | Amended
Bill Title: Creates an environment in the workplace that does not discourage witnessing and reporting on abusive behavior and provides penalties for acts of retribution against such person.
Spectrum: Slight Partisan Bill (Democrat 11-6)
Status: (Introduced - Dead) 2014-06-03 - held for consideration in mental health [A03542 Detail]
Download: New_York-2013-A03542-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3542--A 2013-2014 Regular Sessions I N A S S E M B L Y January 28, 2013 ___________ Introduced by M. of A. WEISENBERG, GUNTHER, SCHIMEL, SWEENEY, TITUS, McKEVITT, BARRON, JAFFEE, GIBSON, COLTON, ROBERTS -- Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CROUCH, DUPREY, GOTTFRIED, GRAF, McDONOUGH, RA, ROBINSON -- read once and referred to the Committee on Mental Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to duties of provid- ers of services for the developmentally disabled THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 31.11 of the mental hygiene law, 2 as amended by chapter 558 of the laws of 2011, is amended to read as 3 follows: 4 2. (A) making such reports as are necessary to provide IMMEDIATE 5 REPORTING AND notification to 911 BY THE MANDATED REPORTER, the district 6 attorney or other appropriate law enforcement official and the commis- 7 sioner or his or her authorized representative as soon as possible, [or 8 in any event within three working days,] if it appears that a crime may 9 have been committed against a patient receiving services from such 10 provider, unless it appears that the crime includes an employee, intern, 11 volunteer, consultant, contractor, or visitor and the alleged conduct 12 caused physical injury or the patient was subject to unauthorized sexual 13 contact, or if it appears the crime is endangering the welfare of an 14 incompetent or physically disabled person pursuant to section 260.25 of 15 the penal law, or if the crime was any felony under state or federal 16 law, then the district attorney or other appropriate law enforcement 17 official must be contacted immediately[, and in any event no later than 18 twenty-four hours and such] . SUCH other reports, uniform and otherwise, 19 as are required by the commissioner or his or her authorized represen- 20 tative with respect to its operations. If there is reasonable cause to 21 believe that the crime against the client may have occurred in a facili- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07649-04-3 A. 3542--A 2 1 ty or program of any other service provider licensed, certified, funded 2 or operated by a state agency, the administrator or chief executive 3 officer of such other service provider shall also be notified AND ALSO 4 HAS THE RESPONSIBILITY TO ENSURE THAT 911 WAS NOTIFIED as soon as possi- 5 ble[, or in any event within three working days]. Provided however, 6 nothing herein shall require such report to an administrator or chief 7 executive officer of a provider who is alleged to have committed the 8 crime. [The commissioner may execute a memorandum of understanding with 9 the commissioners of other appropriate state agencies to ensure the 10 coordination and cooperation of such agencies and providers of services 11 with regard to the conduct of any investigation and prevention of unnec- 12 essary duplicative investigations resulting from the report of an 13 alleged crime that may have occurred in a facility or program of another 14 service provider.] Information obtained by the commissioner or the 15 commission on quality of care for the mentally disabled from the records 16 of patients receiving services shall be kept confidential in accordance 17 with the provisions of this chapter. 18 (B) ANY AND ALL STATE OR PRIVATE DIRECT CARE EMPLOYEES OR ANY OTHER 19 OFFICIAL, EMPLOYEE OR VOLUNTEER WITHIN ANY FACILITY OPERATED BY, CERTI- 20 FIED, LICENSED, FUNDED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT THAT 21 WITNESSES AND REPORTS ANY ALLEGATION OF ABUSE, NEGLECT, MALTREATMENT, 22 UNAUTHORIZED USE OF RESTRAINTS OR SECLUSION, OR ANY OTHER SUSPICIOUS 23 ACTS, OR PREMATURE DEATHS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION 24 SHALL BE PROTECTED FROM ANY AND ALL RETRIBUTION, SUSPENSION OR TERMI- 25 NATION BY THE FACILITY, ITS EMPLOYEES OR THE DEPARTMENT FOR REPORTING 26 SUCH. ANY PERSON THAT TREATS A WHISTLEBLOWER WRONGFULLY, SUSPENDS A 27 WHISTLEBLOWER OR FIRES A WHISTLEBLOWER FOR HIS OR HER ACTIONS SHALL BE 28 SUBJECT TO TERMINATION AND SHALL NOT BE ENTITLED TO ABSOLUTE OR QUALI- 29 FIED IMMUNITY IN A CAUSE OF ACTION FOR CIVIL LIABILITY. 30 S 2. This act shall take effect immediately.