Bill Text: NY A05499 | 2019-2020 | General Assembly | Amended


Bill Title: Relates to the licensure of athletic trainers; adds athletic trainers to the list of persons and officials required to report cases of suspected child abuse or maltreatment.

Spectrum: Slight Partisan Bill (Democrat 10-4)

Status: (Introduced) 2019-07-08 - print number 5499a [A05499 Detail]

Download: New_York-2019-A05499-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5499--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 12, 2019
                                       ___________

        Introduced  by  M.  of  A.  SOLAGES, EPSTEIN, GRIFFIN, McDONALD, HUNTER,
          PALUMBO, GARBARINO,  ORTIZ,  MOSLEY,  MONTESANO,  LIFTON,  LiPETRI  --
          Multi-Sponsored  by  --  M.  of  A.  BRONSON,  STECK  -- read once and
          referred to the Committee on Higher Education -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT  to  amend  the  education  law, in relation to the licensure of
          athletic trainers; and to amend the social services law,  in  relation
          to  adding  athletic  trainers  to  the  list of persons and officials
          required to report cases of suspected child abuse or maltreatment

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  8351 of the education law, as amended by chapter
     2  658 of the laws of 1993, is amended to read as follows:
     3    § 8351. [Definition.] Definitions. As used in this article:
     4    1. "athletic  trainer"  means  any  person  who  is  duly  [certified]
     5  licensed  in  accordance  with this article to perform athletic training
     6  under the supervision of a physician [and limits his or her practice  to
     7  secondary schools, institutions of postsecondary education, professional
     8  athletic  organizations,  or  a  person  who, under the supervision of a
     9  physician, carries out comparable functions on orthopedic athletic inju-
    10  ries, excluding spinal cord injuries, in  a  health  care  organization.
    11  Supervision  of  an  athletic trainer by a physician shall be continuous
    12  but shall not be construed as requiring the  physical  presence  of  the
    13  supervising  physician  at  the  time  and place where such services are
    14  performed]. The practice of  the  profession  of  athletic  training  is
    15  performed  by  athletic  trainers who are defined as health care profes-
    16  sionals who engage in the prevention, recognition,  examination,  evalu-
    17  ation,  assessment, management, treatment and rehabilitation of athletic
    18  injuries that occur in active individuals in accordance with the  super-
    19  vising  physician  pursuant  to  standard written protocol. These active

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09434-02-9

        A. 5499--A                          2

     1  individuals engage in activities that require a high degree of  physical
     2  exertion,  that  involve  training  and  where injury occurs during such
     3  training or athletic endeavor, including but  not  limited  to  athletic
     4  individuals,  performing  artists,  and  individuals  involved in public
     5  protection, emergency services,  or  military  service,  or  individuals
     6  involved  in adaptive athletics.  Athletic trainers recognize, evaluate,
     7  and assist in the management  of  sport-related  illnesses  and  medical
     8  conditions.    Athletic  trainers may use various clinically appropriate
     9  therapeutic modalities and techniques. Supervision by a physician  shall
    10  be continuous but shall not be construed as requiring the physical pres-
    11  ence  of  the  supervising  physician  at  the time and place where such
    12  services are performed.
    13    The scope of work described [herein shall not be construed as  author-
    14  izing  the reconditioning of neurologic injuries, conditions or disease]
    15  in this section shall not be construed as authorizing the management and
    16  treatment of acute, subacute, or chronic  neurological  pathologies  and
    17  comorbidities  or  neurological  disease processes with the exception of
    18  initial evaluation and triage of emergent neurological  conditions  such
    19  as potential concussions, spinal cord injuries or nerve injuries result-
    20  ing  from  participation  in  an  athletic  endeavor, while training, or
    21  engaged in performing arts, public protection,  emergency  services,  or
    22  military service, or during adaptive athletics. Further, athletic train-
    23  ers shall work with individuals pursuant to standard written protocol to
    24  manage,  monitor  and  treat  such injuries after an individual has been
    25  cleared by a supervising physician to begin rehabilitation  for  partic-
    26  ipation  in  an  athletic  endeavor,  training,  performing arts, public
    27  protection or emergency services, or during adaptive athletics.
    28    2. "emergent" means a serious, unexpected and  often  dangerous  situ-
    29  ation requiring immediate action.
    30    3. "supervision" shall mean by a physician and shall be continuous but
    31  shall  not be construed as requiring the physical presence of the super-
    32  vising  physician  at  the  time  and  place  where  such  services  are
    33  performed,  and  shall further include use of standard written protocols
    34  for athletic training services developed in consultation with the super-
    35  vising physician.
    36    4. "sport-related illnesses and medical conditions" means any disease,
    37  disorder, sickness or affliction that arises from or is a  manifestation
    38  of  a  physically  active  individual's  participation in an exercise, a
    39  sport, a game, a recreational activity or other activity, or  any  other
    40  condition, that may require immediate intervention by an athletic train-
    41  er, acting with the consent and under the direction of a physician.
    42    5.  "standard  written  protocol"  means  a written agreement or other
    43  document developed in conjunction with the supervising physician,  which
    44  identifies  and  is signed by the supervising physician and the licensed
    45  athletic trainer, and describes the manner and frequency  in  which  the
    46  licensed  athletic  trainer  regularly communicates with the supervising
    47  physician and  includes  standard  operating  procedures,  developed  in
    48  agreement  with the supervising physician and licensed athletic trainer,
    49  that the licensed athletic trainer follows when not directly  supervised
    50  onsite by the supervising physician.
    51    6. "active individual" is one who engages in activities that require a
    52  high degree of physical exertion, that involve training and where injury
    53  occurs  during  such  training  or  athletic endeavor, including but not
    54  limited to athletic  individuals,  performing  artists  and  individuals
    55  involved  in public protection, emergency services, or military service,
    56  or individuals involved in adaptive athletics.

        A. 5499--A                          3

     1    7. "athletic injury" means any injury sustained as a result of partic-
     2  ipation in an exercise, a sport, a game, a recreational activity or  any
     3  other activity that requires a level of strength, flexibility or agility
     4  that  is  comparable  to  the  level of strength, flexibility or agility
     5  required for an exercise, a sport, a game or a recreational activity.
     6    §  2.  Section 8352 of the education law, as amended by chapter 658 of
     7  the laws of 1993, is amended to read as follows:
     8    § 8352. Definition of practice of athletic training.  [The practice of
     9  the profession of athletic training is defined  as  the  application  of
    10  principles, methods and procedures for managing athletic injuries, which
    11  shall include the preconditioning, conditioning and reconditioning of an
    12  individual who has suffered an athletic injury through the use of appro-
    13  priate  preventative  and supportive devices, under the supervision of a
    14  physician and recognizing  illness  and  referring  to  the  appropriate
    15  medical professional with implementation of treatment pursuant to physi-
    16  cian's  orders.]  1. The practice of the profession of athletic training
    17  is performed by athletic trainers. It includes the prevention,  recogni-
    18  tion,  examination,  evaluation,  assessment,  management, treatment and
    19  rehabilitation of athletic injuries thatoccur in active individuals  and
    20  the work is performed under the supervision of a physician pursuant to a
    21  standard  written  protocol. Athletic training involves the recognition,
    22  evaluation, and assistance in the management of sport-related  illnesses
    23  and  medical  conditions,  pursuant to the athletic trainer's education,
    24  experience, and competencies. The  practice  of  athletic  training  may
    25  include use of various clinically appropriate therapeutic modalities and
    26  techniques.    Supervision  by a physician shall be continuous but shall
    27  not be construed as requiring the physical presence of  the  supervising
    28  physician at the time and place where such services are performed.
    29    2.  The scope of work described in this section shall not be construed
    30  as authorizing the management  and  treatment  of  acute,  subacute,  or
    31  chronic  neurological  pathologies  and  comorbidities  or  neurological
    32  disease processes with the exception of initial evaluation and triage of
    33  emergent neurological conditions such as potential  concussions,  spinal
    34  cord  injuries  or  nerve  injuries  resulting  from participation in an
    35  athletic endeavor, while training, engaging in performing  arts,  public
    36  protection or emergency services, or during adaptive athletics. Further,
    37  athletic trainers shall work with individuals pursuant to standard writ-
    38  ten  protocol  to manage, monitor and treat such injuries after an indi-
    39  vidual has been cleared by a supervising physician  to  begin  rehabili-
    40  tation  for  participation  in  an  athletic  endeavor,  while training,
    41  engaging in performing  arts,  public  protection,  emergency  services,
    42  military  services  or  during  adaptive  athletics.  Athletic  training
    43  includes education and instruction to coaches, athletes, active individ-
    44  uals, parents, medical personnel and communities in the area of care and
    45  prevention of athletic injuries, sports-related  illnesses  and  medical
    46  conditions.    Supervision by a physician shall include standard written
    47  protocols for athletic training services.
    48    [The scope of work described herein shall not be construed as  author-
    49  izing the reconditioning of neurologic injuries, conditions or disease.]
    50    § 3. Section 8353 of the education law, as added by chapter 798 of the
    51  laws of 1992, is amended to read as follows:
    52    § 8353. Use  of  the  title  "[certified]  athletic trainer".   Only a
    53  person [certified] licensed or otherwise authorized under  this  article
    54  shall  practice athletic training or use the title "[certified] athletic
    55  trainer" or the abbreviation "AT".

        A. 5499--A                          4

     1    § 4. Section 8354 of the education law, as added by chapter 798 of the
     2  laws of 1992, is amended to read as follows:
     3    § 8354. State  committee for athletic trainers.  A state committee for
     4  athletic trainers shall be appointed by the board of regents,  upon  the
     5  recommendation  of  the  commissioner  and  shall  assist  on matters of
     6  [certification]  professional  licensing  and  professional  conduct  in
     7  accordance  with  section six thousand five hundred eight of this title.
     8  The committee shall consist of [five] seven members [who], five of  whom
     9  are athletic trainers [certified] licensed in this state, one practicing
    10  physician  who  is  licensed  in this state to practice as an orthopedic
    11  surgeon, a primary care/family practice  physician,  a  sports  medicine
    12  practitioner, or a neurologist, and one public member that is a consumer
    13  of the profession.  The committee shall assist the state board for medi-
    14  cine  in  athletic  training matters. Nominations and terms of office of
    15  the members of the state committee for athletic trainers  shall  conform
    16  to  the corresponding provisions relating thereto for state boards under
    17  article one hundred thirty of title eight  of  this  chapter.  [Notwith-
    18  standing  the  foregoing, the members of the first committee need not be
    19  certified prior to their appointment to the committee.]
    20    § 5. Section 8355 of the education law, as added by chapter 798 of the
    21  laws of 1992, is amended to read as follows:
    22    § 8355. Requirements and procedure  for  professional  [certification]
    23  licensure.   [For certification as a certified] To qualify for a license
    24  as an athletic trainer under this article, an  applicant  shall  fulfill
    25  the following requirements:
    26    1. Application: file an application with the department;
    27    2. Education:  have  received an education including a bachelor's, its
    28  equivalent or higher degree in accordance with the commissioner's  regu-
    29  lations,  provided  however,  as  of December thirty-first, two thousand
    30  twenty-six, applicants must have received a master's degree, its  equiv-
    31  alent or higher in accordance with the commissioner's regulations;
    32    3.  Experience:  have experience in accordance with the commissioner's
    33  regulations;
    34    4. Examination: pass an examination in accordance with the commission-
    35  er's regulations;
    36    5. Age: be at least twenty-one years of age; [and]
    37    6. Fees: pay a fee for an initial [certificate] license of one hundred
    38  dollars to the department; and a fee of fifty dollars for each triennial
    39  registration period[.]; and
    40    7. Character: be of good moral character as determined by the  depart-
    41  ment.
    42    §  6.  The  education law is amended by adding a new section 8355-a to
    43  read as follows:
    44    § 8355-a. Boundaries of professional practice.  Any  individual  whose
    45  license  or  authority  to  practice derives from the provisions of this
    46  article  shall  be  prohibited  from  prescribing  any   medication   or
    47  controlled  substance  or  performing surgery, suturing, or any invasive
    48  procedures, in which human tissue is cut, altered, or otherwise  pierced
    49  by  mechanical or other means, including needles, except that nothing in
    50  this section shall be construed to prohibit the use  of  an  epinephrine
    51  auto-injector  device pursuant to section three thousand-c of the public
    52  health law.
    53    § 7. Section 8356 of the education law, as amended by chapter  658  of
    54  the laws of 1993, is amended to read as follows:

        A. 5499--A                          5

     1    § 8356. [Special provisions. A person shall be certified without exam-
     2  ination  provided  that,  within  three years from the effective date of
     3  regulations implementing the provisions of this article, the individual:
     4    1.  files  an application and pays the appropriate fees to the depart-
     5  ment; and
     6    2. meets the requirements of subdivisions  two  and  five  of  section
     7  eight thousand three hundred fifty-five of this article and who in addi-
     8  tion:
     9    (a)  has  been actively engaged in the profession of athletic training
    10  for a minimum of four years during the seven years immediately preceding
    11  the effective date of this article; or
    12    (b) is certified by a United States certifying body acceptable to  the
    13  department.]  Exempt persons. 1. Nothing contained in this article shall
    14  prohibit:
    15    (a) the practice of athletic training that is an integral  part  of  a
    16  program  of  study  by students enrolled in an athletic training program
    17  approved by the department or the substantial equivalent  as  determined
    18  by  the  department.  Students enrolled in an approved athletic training
    19  program shall be identified as "athletic training  students"  and  shall
    20  only  practice  athletic training under the direction and supervision of
    21  an athletic trainer currently licensed under this article.  An  athletic
    22  training  student  shall  not  hold himself or herself out as a licensed
    23  athletic trainer; or
    24    (b) the practice of athletic training by any person who  is  appropri-
    25  ately  authorized  and in good standing to practice athletic training in
    26  another state from acting as an athletic  trainer  without  a  New  York
    27  state license solely for the following purposes:
    28    (1)  clinical  education, practice demonstrations or clinical research
    29  that is within the practice of athletic training in  connection  with  a
    30  program  of basic clinical education, graduate education, or post-gradu-
    31  ate education in an approved school of athletic training, or in a  clin-
    32  ical  facility, or a health care agency, or for the purposes of continu-
    33  ing education not to exceed a duration of_thirty_days  in  any  calendar
    34  year, and any athletic trainer who is licensed in another state or coun-
    35  try,  who  is visiting an athletic training program, conducting clinical
    36  education or clinical research shall be  under  the  supervision  of  an
    37  athletic trainer licensed in the state and such practice shall be limit-
    38  ed to such instruction or research; or
    39    (2) assisting in the care of athletes in a specific sanctioned athlet-
    40  ic event.
    41    2.  Any  person practicing athletic training in this state pursuant to
    42  this subdivision shall be subject to personal and subject matter  juris-
    43  diction  and  the  disciplinary and regulatory authority of the board of
    44  regents as if he or she is a licensee and as if the  exemption  pursuant
    45  to  this subdivision is a license. Such individuals shall consent to the
    46  appointment of the secretary of state or other public official  accepta-
    47  ble to the department, in such athletic trainers' states of licensure as
    48  the  athletic  trainers'  agents  upon whom process may be served in any
    49  actions or proceedings by the department against such athletic trainers.
    50  Such individuals shall comply with the provisions of this  article,  the
    51  rules  of  the  board of regents and the regulations of the commissioner
    52  relating to professional misconduct, disciplinary proceedings and penal-
    53  ties for professional misconduct.
    54    3. (a) Any athletic trainer who is licensed and in  good  standing  in
    55  another  state  or territory, and who has a written agreement to provide
    56  athletic training services to athletes and team personnel  of  a  United

        A. 5499--A                          6

     1  States  sports team recognized by the United States Olympic Committee or
     2  an out-of-state secondary school, an institution of postsecondary educa-
     3  tion, a professional athletic organization sports team, or a  performing
     4  arts troupe, may provide athletic training services to such athletes and
     5  team  personnel at a discrete sanctioned team sporting event or perform-
     6  ance in this state  as  defined  by  the  commissioner  in  regulations,
     7  provided  such  services  are  provided  only  to such athletes and team
     8  personnel at the discrete sanctioned team sporting event or performance.
     9  Any such athletic training services shall be  provided  only  five  days
    10  before  through  three days after each discrete sanctioned team sporting
    11  event or traveling performance.
    12    (b) Any person practicing as an athletic trainer in this state  pursu-
    13  ant  to  this  subdivision  shall be subject to the personal and subject
    14  matter jurisdiction and disciplinary and  regulatory  authority  of  the
    15  board  of  regents as if he or she is a licensee and as if the exemption
    16  pursuant to this subdivision is a license. Such individual shall  comply
    17  with applicable provisions of the rules of the board of regents, and the
    18  regulations  of  the  commissioner, relating to professional misconduct,
    19  disciplinary proceedings and penalties for professional misconduct.
    20    4. This article shall not be construed to prohibit  qualified  members
    21  of other licensed or legally recognized professions from performing work
    22  incidental to the practice of their profession, except that such persons
    23  may  not  hold  themselves  out  under  the title athletic trainer or as
    24  performing athletic training.
    25    § 8. The education law is amended by adding two  new  sections  8356-a
    26  and 8356-b to read as follows:
    27    § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet-
    28  ic  trainer required under this article to register triennially with the
    29  department to practice in the state shall comply with the provisions  of
    30  the  mandatory  continuing education requirements prescribed in subdivi-
    31  sion two of this section except as set forth in paragraphs (b)  and  (c)
    32  of  this subdivision.  Licensed athletic trainers who do not satisfy the
    33  mandatory continuing education requirements  shall  not  practice  until
    34  they  have  met such requirements, and they have been issued a registra-
    35  tion certificate, except that a licensed athletic trainer  may  practice
    36  without  having  met  such  requirements if he or she is issued a condi-
    37  tional registration certificate pursuant to subdivision  three  of  this
    38  section.
    39    (b)  Each licensed athletic trainer shall be exempt from the mandatory
    40  continuing education requirement for the triennial  registration  period
    41  during  which he or she is first licensed. In accordance with the intent
    42  of this  section,  adjustment  to  the  mandatory  continuing  education
    43  requirement  may  be  granted  by  the  department for reasons of health
    44  certified by an  appropriate  health  care  professional,  for  extended
    45  active  duty  with  the  armed forces of the United States, or for other
    46  good cause acceptable to the department which may prevent compliance.
    47    (c) A licensed athletic trainer not engaged in practice, as determined
    48  by the department, shall be exempt from the mandatory continuing  educa-
    49  tion  requirement  upon  the  filing  of a statement with the department
    50  declaring such status. Any licensee  who  returns  to  the  practice  of
    51  athletic  training during the triennial registration period shall notify
    52  the department prior to reentering the profession and  shall  meet  such
    53  mandatory  education  requirements as shall be prescribed by regulations
    54  of the commissioner.
    55    2. During each triennial registration period, an applicant for  regis-
    56  tration  as  a  licensed  athletic  trainer  shall complete a minimum of

        A. 5499--A                          7

     1  forty-five hours of acceptable formal continuing education, as specified
     2  in subdivision four of this section. Any licensed athletic trainer whose
     3  first registration date following the effective  date  of  this  section
     4  occurs  less  than three years from such effective date, but on or after
     5  January first, two thousand twenty, shall complete continuing  education
     6  hours  on  a  prorated  basis  at the rate of one hour per month for the
     7  period beginning January first, two thousand  twenty  and  then  fifteen
     8  hours  per  year  until his or her first registration date thereafter. A
     9  licensee who  has  not  satisfied  the  mandatory  continuing  education
    10  requirements shall not be issued a triennial registration certificate by
    11  the  department  and  shall  not practice unless and until a conditional
    12  registration certificate is issued as provided for in subdivision  three
    13  of  this  section. Continuing education hours taken during one triennium
    14  may not be transferred to a subsequent triennium.
    15    3. The department, in its discretion, may issue a  conditional  regis-
    16  tration  to  a  licensee  who  fails  to  meet  the continuing education
    17  requirements established in subdivision two  of  this  section  but  who
    18  agrees to make up any deficiencies and complete any additional education
    19  which  the department may require. The fee for such a conditional regis-
    20  tration shall be the same as, and in addition to, the fee for the trien-
    21  nial registration. The duration of such conditional  registration  shall
    22  be  determined  by  the  department  but shall not exceed one year.  Any
    23  licensee who is notified of the denial of registration  for  failure  to
    24  submit  evidence, satisfactory to the department, of required continuing
    25  education and who practices without such registration may be subject  to
    26  disciplinary  proceedings  pursuant to section sixty-five hundred ten of
    27  this title.
    28    4. As used in subdivision two  of  this  section,  "acceptable  formal
    29  education"  shall  mean  formal  courses of learning which contribute to
    30  professional practice in athletic training and which meet the  standards
    31  prescribed  by  regulations  of the commissioner. Such formal courses of
    32  learning shall include, but not be limited to, collegiate  level  credit
    33  and  non-credit courses, professional development programs and technical
    34  sessions offered by national, state and local professional associations,
    35  and any other organized educational and technical programs acceptable to
    36  the department. The department may, in its discretion and as  needed  to
    37  contribute  to  the  health  and  welfare  of  the  public,  require the
    38  completion of continuing  education  courses  in  specific  subjects  to
    39  fulfill  this  mandatory  continuing  education  requirement. Continuing
    40  education courses must be taken from a provider approved by the  depart-
    41  ment,  based  upon an application and fee pursuant to the regulations of
    42  the commissioner.
    43    5. A licensed athletic trainer shall maintain  adequate  documentation
    44  of  completion  of  acceptable  formal  continuing  education  and shall
    45  provide such documentation at the request of the department. Failure  to
    46  provide  such  documentation upon the request of the department shall be
    47  an act of misconduct subject to  disciplinary  proceedings  pursuant  to
    48  section sixty-five hundred ten of this title.
    49    6.  The  mandatory  continuing  education  fee  shall be payable on or
    50  before the first day of each triennial registration period, and shall be
    51  paid in addition to the triennial registration fee required  by  section
    52  eighty-three hundred fifty-five of this article.
    53    §  8356-b.  Special  provisions.  Any  person  who  is certified as an
    54  athletic trainer by the department on the effective date of this section
    55  shall have one year from the effective date to apply for and qualify for

        A. 5499--A                          8

     1  licensure as an athletic trainer without meeting any additional require-
     2  ments.
     3    § 9. Section 8357 of the education law, as added by chapter 798 of the
     4  laws of 1992, is amended to read as follows:
     5    § 8357. Non-liability  of  [certified]  licensed athletic trainers for
     6  first aid or emergency  treatment.    Notwithstanding  any  inconsistent
     7  provision of any general, special or local law, any [certified] licensed
     8  athletic trainer who voluntarily and without the expectation of monetary
     9  compensation renders first aid or emergency treatment at the scene of an
    10  accident  or other emergency, outside a hospital, doctor's office or any
    11  other place having proper and necessary athletic training equipment,  to
    12  a  person  who  is  unconscious, ill or injured, shall not be liable for
    13  damages for injuries alleged to have been sustained by  such  person  or
    14  for  damages  for  the  death of such person alleged to have occurred by
    15  reason of an act or omission in the rendering of such first aid or emer-
    16  gency treatment unless it is established that such injuries were or such
    17  death was caused by gross negligence on the part of such athletic train-
    18  er.  Nothing in this section shall be deemed or construed to  relieve  a
    19  [certified]  licensed  athletic  trainer  from liability for damages for
    20  injuries or death caused by an act or omission on the part of an athlet-
    21  ic trainer while rendering professional services in the normal and ordi-
    22  nary course of his or her practice.
    23    § 10. Section 8358 of the education law is renumbered section 8359 and
    24  a new section 8358 is added to read as follows:
    25    § 8358. Limited permits. The  following  requirements  for  a  limited
    26  permit  shall apply to all professions licensed or certified pursuant to
    27  this article:
    28    1. The department may issue a limited permit to an applicant who meets
    29  all qualifications for licensure, except the examination, in  accordance
    30  with regulations promulgated therefor.
    31    2. Limited permits shall be for one year; such limited permits may not
    32  be renewed.
    33    3.  The  fee  for  each  limited  permit and for each renewal shall be
    34  seventy dollars.
    35    4. A limited permit holder shall practice only under  the  supervision
    36  of a physician as determined in accordance with the commissioner's regu-
    37  lations.
    38    §  11.  Paragraph  a of subdivision 3 of section 6507 of the education
    39  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    40  as follows:
    41    a. Establish standards for preprofessional and professional education,
    42  experience and licensing examinations as required to implement the arti-
    43  cle for each profession. Notwithstanding any other provision of law, the
    44  commissioner shall establish standards requiring that all persons apply-
    45  ing,  on or after January first, nineteen hundred ninety-one, initially,
    46  or for the renewal of, a license, registration or limited permit to be a
    47  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    48  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    49  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    50  licensed  marriage  and family therapist, licensed mental health counse-
    51  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    52  analyst,  [or] certified behavior analyst assistant, or athletic trainer
    53  shall, in addition to all the other licensure, certification  or  permit
    54  requirements, have completed two hours of coursework or training regard-
    55  ing  the  identification  and reporting of child abuse and maltreatment.
    56  The coursework or training shall be  obtained  from  an  institution  or

        A. 5499--A                          9

     1  provider  which  has  been  approved  by  the department to provide such
     2  coursework or training. The coursework or training shall include  infor-
     3  mation  regarding  the physical and behavioral indicators of child abuse
     4  and  maltreatment  and  the  statutory reporting requirements set out in
     5  sections four hundred thirteen through four hundred twenty of the social
     6  services law, including but not limited to, when and how a  report  must
     7  be  made,  what  other actions the reporter is mandated or authorized to
     8  take, the legal protections afforded reporters, and the consequences for
     9  failing to report. Such coursework or training may also include informa-
    10  tion regarding the physical and behavioral indicators of  the  abuse  of
    11  individuals with mental retardation and other developmental disabilities
    12  and  voluntary reporting of abused or neglected adults to the office [of
    13  mental retardation and] for people with  developmental  disabilities  or
    14  the  local  adult protective services unit. Each applicant shall provide
    15  the department with documentation showing that he or she  has  completed
    16  the  required  training.  The department shall provide an exemption from
    17  the child abuse and maltreatment training requirements to any  applicant
    18  who requests such an exemption and who shows, to the department's satis-
    19  faction, that there would be no need because of the nature of his or her
    20  practice for him or her to complete such training;
    21    § 12. Section 6505-b of the education law, as amended by chapter 10 of
    22  the laws of 2018, is amended to read as follows:
    23    § 6505-b. Course  work  or  training  in  infection control practices.
    24  Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
    25  optometrist,  athletic  trainer  and  dental hygienist practicing in the
    26  state shall, on or before July first, nineteen hundred  ninety-four  and
    27  every  four years thereafter, complete course work or training appropri-
    28  ate to the professional's practice approved by the department  regarding
    29  infection  control, which shall include sepsis, and barrier precautions,
    30  including engineering and work practice  controls,  in  accordance  with
    31  regulatory standards promulgated by the department, in consultation with
    32  the department of health, which shall be consistent, as far as appropri-
    33  ate, with such standards adopted by the department of health pursuant to
    34  section  two hundred thirty-nine of the public health law to prevent the
    35  transmission of HIV, HBV, HCV and infections that could lead  to  sepsis
    36  in  the  course  of  professional practice. Each such professional shall
    37  document to the department at the time of registration  commencing  with
    38  the  first  registration  after July first, nineteen hundred ninety-four
    39  that the professional has completed course work or training  in  accord-
    40  ance with this section, provided, however that a professional subject to
    41  the  provisions  of  paragraph (f) of subdivision one of section twenty-
    42  eight hundred five-k of the public health law shall not be  required  to
    43  so  document.  The  department  shall  provide  an  exemption  from this
    44  requirement to anyone who requests such an exemption and who (i) clearly
    45  demonstrates to the department's satisfaction that  there  would  be  no
    46  need  for him or her to complete such course work or training because of
    47  the nature of his or her practice or (ii) that he or she  has  completed
    48  course work or training deemed by the department to be equivalent to the
    49  course  work  or  training  approved  by the department pursuant to this
    50  section. The department shall consult with organizations  representative
    51  of  professions,  institutions  and  those  with  expertise in infection
    52  control and HIV, HBV, HCV and infections that could lead to sepsis  with
    53  respect  to  the  regulatory  standards  promulgated  pursuant  to  this
    54  section.

        A. 5499--A                         10

     1    § 13. Paragraph (a) of subdivision 1 of  section  413  of  the  social
     2  services  law,  as  amended  by section 7 of part C of chapter 57 of the
     3  laws of 2018, is amended to read as follows:
     4    (a)  The  following  persons  and  officials are required to report or
     5  cause a report to be made in accordance with this title when  they  have
     6  reasonable  cause  to  suspect  that a child coming before them in their
     7  professional or official capacity is an abused or maltreated  child,  or
     8  when  they have reasonable cause to suspect that a child is an abused or
     9  maltreated child where the parent, guardian, custodian or  other  person
    10  legally  responsible  for  such child comes before them in their profes-
    11  sional or official capacity and states from  personal  knowledge  facts,
    12  conditions or circumstances which, if correct, would render the child an
    13  abused  or maltreated child: any physician; registered physician assist-
    14  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    15  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    16  athletic trainer; psychologist; registered nurse; social  worker;  emer-
    17  gency  medical  technician;  licensed  creative arts therapist; licensed
    18  marriage  and  family  therapist;  licensed  mental  health   counselor;
    19  licensed  psychoanalyst;  licensed  behavior analyst; certified behavior
    20  analyst assistant; hospital personnel engaged in the admission, examina-
    21  tion, care or treatment of persons; a  Christian  Science  practitioner;
    22  school  official,  which  includes but is not limited to school teacher,
    23  school guidance counselor, school psychologist,  school  social  worker,
    24  school nurse, school administrator or other school personnel required to
    25  hold  a teaching or administrative license or certificate; full or part-
    26  time compensated school employee required to hold a  temporary  coaching
    27  license  or  professional  coaching certificate; social services worker;
    28  employee of a publicly-funded emergency shelter for families with  chil-
    29  dren;  director of a children's overnight camp, summer day camp or trav-
    30  eling summer day camp, as such camps are  defined  in  section  thirteen
    31  hundred  ninety-two  of  the  public health law; day care center worker;
    32  school-age child care worker; provider of family  or  group  family  day
    33  care;  employee or volunteer in a residential care facility for children
    34  that is licensed, certified or operated by the office  of  children  and
    35  family  services;  or any other child care or foster care worker; mental
    36  health professional; substance abuse  counselor;  alcoholism  counselor;
    37  all persons credentialed by the office of alcoholism and substance abuse
    38  services;  employees,  who  are expected to have regular and substantial
    39  contact with children, of a health home or health home  care  management
    40  agency contracting with a health home as designated by the department of
    41  health  and  authorized under section three hundred sixty-five-l of this
    42  chapter or such employees who provide home and community based  services
    43  under a demonstration program pursuant to section eleven hundred fifteen
    44  of  the federal social security act who are expected to have regular and
    45  substantial  contact  with  children;  peace  officer;  police  officer;
    46  district  attorney or assistant district attorney; investigator employed
    47  in the office of a district attorney; or other law enforcement official.
    48    § 14. This act shall take effect two years after it shall have  become
    49  a  law,  provided,  however, that section 8356-a of the education law as
    50  added by section eight of this act shall take effect  five  years  after
    51  this  act  shall have become a law. Effective immediately, the addition,
    52  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    53  implementation  of  this  act on its effective date are authorized to be
    54  made and completed on or before such date.
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