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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 12-4)

Status: (Introduced - Dead) 2020-05-11 - print number 5499b [A05499 Detail]

Download: New_York-2019-A05499-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5499
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 12, 2019
                                       ___________
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Higher Education
        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.
    15    The scope of work described herein shall not be construed as authoriz-
    16  ing the reconditioning of neurologic injuries, conditions or disease].
    17    2.  "emergent"  means  a serious, unexpected and often dangerous situ-
    18  ation requiring immediate action.
    19    3. "supervision" shall mean by a physician and shall be continuous but
    20  shall not be construed as requiring the physical presence of the  super-
    21  vising  physician  at  the  time  and  place  where  such  services  are
    22  performed, and shall further include use of standard  written  protocols
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09434-01-9
        A. 5499                             2
     1  for athletic training services developed in consultation with the super-
     2  vising physician.
     3    §  2.  Section 8352 of the education law, as amended by chapter 658 of
     4  the laws of 1993, is amended to read as follows:
     5    § 8352. Definition of practice of athletic training.  [The practice of
     6  the profession of athletic training is defined  as  the  application  of
     7  principles, methods and procedures for managing athletic injuries, which
     8  shall include the preconditioning, conditioning and reconditioning of an
     9  individual who has suffered an athletic injury through the use of appro-
    10  priate  preventative  and supportive devices, under the supervision of a
    11  physician and recognizing  illness  and  referring  to  the  appropriate
    12  medical professional with implementation of treatment pursuant to physi-
    13  cian's  orders.]  1. The practice of the profession of athletic training
    14  is performed by athletic trainers. It includes the prevention,  recogni-
    15  tion,  examination,  evaluation,  assessment,  management, treatment and
    16  rehabilitation of neuromusculoskeletal injuries  that  occur  in  active
    17  individuals  and the work is performed under the supervision of a physi-
    18  cian pursuant to a standard written protocol. Athletic training involves
    19  the recognition, evaluation, and assistance in the management of  sport-
    20  related  illnesses  and  medical  conditions,  pursuant  to the athletic
    21  trainer's education,  experience,  and  competencies.  The  practice  of
    22  athletic  training  may  include  use  of various clinically appropriate
    23  therapeutic modalities and techniques pursuant to the athletic trainer's
    24  education and training as determined by the department.  Supervision  by
    25  a  physician shall be continuous but shall not be construed as requiring
    26  the physical presence of the supervising physician at the time and place
    27  where such services are performed.
    28    2. The scope of work described in this section shall not be  construed
    29  as  authorizing  the  management  and  treatment  of acute, subacute, or
    30  chronic  neurological  pathologies  and  comorbidities  or  neurological
    31  disease processes with the exception of initial evaluation and triage of
    32  emergent  neurological  conditions such as potential concussions, spinal
    33  cord injuries or nerve  injuries  resulting  from  participation  in  an
    34  athletic  endeavor,  while training, engaging in performing arts, public
    35  protection or emergency services, or during adaptive athletics. Further,
    36  athletic trainers shall work with individuals pursuant to standard writ-
    37  ten protocol to manage, monitor and treat such injuries after  an  indi-
    38  vidual  has  been  cleared by a supervising physician to begin rehabili-
    39  tation for  participation  in  an  athletic  endeavor,  while  training,
    40  engaging in performing arts, public protection or emergency services, or
    41  during  adaptive  athletics.  Athletic  training includes instruction to
    42  coaches, athletes, active individuals, parents,  medical  personnel  and
    43  communities in the area of care and prevention of [athletic] neuromuscu-
    44  loskeletal  injuries.  Supervision by a physician shall include standard
    45  written protocols for athletic training services.
    46    [The scope of work described herein shall not be construed as  author-
    47  izing the reconditioning of neurologic injuries, conditions or disease.]
    48    § 3. Section 8353 of the education law, as added by chapter 798 of the
    49  laws of 1992, is amended to read as follows:
    50    § 8353. Use  of  the  title  "[certified]  athletic trainer".   Only a
    51  person [certified] licensed or otherwise authorized under  this  article
    52  shall  practice athletic training or use the title "[certified] athletic
    53  trainer" or the abbreviation "AT".
    54    § 4. Section 8354 of the education law, as added by chapter 798 of the
    55  laws of 1992, is amended to read as follows:
        A. 5499                             3
     1    § 8354. State committee for athletic trainers.  A state committee  for
     2  athletic  trainers  shall be appointed by the board of regents, upon the
     3  recommendation of the  commissioner  and  shall  assist  on  matters  of
     4  [certification]  professional  licensing  and  professional  conduct  in
     5  accordance  with  section six thousand five hundred eight of this title.
     6  The committee shall consist of [five] seven members [who], five of  whom
     7  are athletic trainers [certified] licensed in this state, one practicing
     8  physician  who  is  licensed  in this state to practice as an orthopedic
     9  surgeon, a primary care/family practice  physician,  a  sports  medicine
    10  practitioner, or a neurologist, and one public member that is a consumer
    11  of the profession.  The committee shall assist the state board for medi-
    12  cine  in  athletic  training matters. Nominations and terms of office of
    13  the members of the state committee for athletic trainers  shall  conform
    14  to  the corresponding provisions relating thereto for state boards under
    15  article one hundred thirty of this chapter. [Notwithstanding the forego-
    16  ing, the members of the first committee need not be certified  prior  to
    17  their appointment to the committee.]
    18    § 5. Section 8355 of the education law, as added by chapter 798 of the
    19  laws of 1992, is amended to read as follows:
    20    § 8355. Requirements  and  procedure  for professional [certification]
    21  licensure.  [For certification as a certified] To qualify for a  license
    22  as  an  athletic  trainer under this article, an applicant shall fulfill
    23  the following requirements:
    24    1. Application: file an application with the department;
    25    2. Education: have received an education including a  bachelor's,  its
    26  equivalent  or higher degree in accordance with the commissioner's regu-
    27  lations, provided however, as of  December  thirty-first,  two  thousand
    28  twenty-six,  applicants must have received a master's degree, its equiv-
    29  alent or higher in accordance with the commissioner's regulations;
    30    3. Experience: have experience in accordance with  the  commissioner's
    31  regulations;
    32    4. Examination: pass an examination in accordance with the commission-
    33  er's regulations;
    34    5. Age: be at least twenty-one years of age; [and]
    35    6. Fees: pay a fee for an initial [certificate] license of one hundred
    36  dollars to the department; and a fee of fifty dollars for each triennial
    37  registration period[.]; and
    38    7.  Character: be of good moral character as determined by the depart-
    39  ment.
    40    § 6. Section 8356 of the education law, as amended by chapter  658  of
    41  the laws of 1993, is amended to read as follows:
    42    § 8356. [Special provisions. A person shall be certified without exam-
    43  ination  provided  that,  within  three years from the effective date of
    44  regulations implementing the provisions of this article, the individual:
    45    1. files an application and pays the appropriate fees to  the  depart-
    46  ment; and
    47    2.  meets  the  requirements  of  subdivisions two and five of section
    48  eight thousand three hundred fifty-five of this article and who in addi-
    49  tion:
    50    (a) has been actively engaged in the profession of  athletic  training
    51  for a minimum of four years during the seven years immediately preceding
    52  the effective date of this article; or
    53    (b)  is certified by a United States certifying body acceptable to the
    54  department.] Exempt persons. 1. Nothing contained in this article  shall
    55  prohibit:
        A. 5499                             4
     1    (a)  the  practice  of athletic training that is an integral part of a
     2  program of study by students enrolled in an  athletic  training  program
     3  approved  by  the department or the substantial equivalent as determined
     4  by the department. Students enrolled in an  approved  athletic  training
     5  program  shall  be  identified as "athletic training students" and shall
     6  only practice athletic training under the direction and immediate super-
     7  vision of an athletic trainer currently licensed under this article.  An
     8  athletic  training  student  shall  not hold himself or herself out as a
     9  licensed athletic trainer; or
    10    (b) the practice of athletic training by any person who  is  appropri-
    11  ately  authorized  and in good standing to practice athletic training in
    12  another state from acting as an athletic  trainer  without  a  New  York
    13  state license solely for the following purposes:
    14    (1)  clinical  education, practice demonstrations or clinical research
    15  that is within the practice of athletic training in  connection  with  a
    16  program  of basic clinical education, graduate education, or post-gradu-
    17  ate education in an approved school of athletic training, or in a  clin-
    18  ical  facility, or a health care agency, or for the purposes of continu-
    19  ing education not to exceed a duration of_thirty_days  in  any  calendar
    20  year, and any athletic trainer who is licensed in another state or coun-
    21  try,  who  is visiting an athletic training program, conducting clinical
    22  education or clinical research shall be  under  the  supervision  of  an
    23  athletic trainer licensed in the state and such practice shall be limit-
    24  ed to such instruction or research; or
    25    (2) assisting in the care of athletes in a specific sanctioned athlet-
    26  ic event.
    27    2.  Any  person practicing athletic training in this state pursuant to
    28  this subdivision shall be subject to personal and subject matter  juris-
    29  diction  and  the  disciplinary and regulatory authority of the board of
    30  regents as if he or she is a licensee and as if the  exemption  pursuant
    31  to  this subdivision is a license. Such individuals shall consent to the
    32  appointment of the secretary of state or other public official  accepta-
    33  ble to the department, in such athletic trainers' states of licensure as
    34  the  athletic  trainers'  agents  upon whom process may be served in any
    35  actions or proceedings by the department against such athletic trainers.
    36  Such individuals shall comply with the provisions of this  article,  the
    37  rules  of  the  board of regents and the regulations of the commissioner
    38  relating to professional misconduct, disciplinary proceedings and penal-
    39  ties for professional misconduct.
    40    3. (a) Any athletic trainer who is licensed and in  good  standing  in
    41  another  state  or territory, and who has a written agreement to provide
    42  athletic training services to athletes and team personnel  of  a  United
    43  States  sports team recognized by the United States Olympic Committee or
    44  an out-of-state secondary school, an institution of postsecondary educa-
    45  tion, a professional athletic organization sports team, or a  performing
    46  arts troupe, may provide athletic training services to such athletes and
    47  team  personnel at a discrete sanctioned team sporting event or perform-
    48  ance in this state  as  defined  by  the  commissioner  in  regulations,
    49  provided  such  services  are  provided  only  to such athletes and team
    50  personnel at the discrete sanctioned team sporting event or performance.
    51  Any such athletic training services shall be  provided  only  five  days
    52  before  through  three days after each discrete sanctioned team sporting
    53  event or traveling performance.
    54    (b) Any person practicing as an athletic trainer in this state  pursu-
    55  ant  to  this  subdivision  shall be subject to the personal and subject
    56  matter jurisdiction and disciplinary and  regulatory  authority  of  the
        A. 5499                             5
     1  board  of  regents as if he or she is a licensee and as if the exemption
     2  pursuant to this subdivision is a license. Such individual shall  comply
     3  with applicable provisions of the rules of the board of regents, and the
     4  regulations  of  the  commissioner, relating to professional misconduct,
     5  disciplinary proceedings and penalties for professional misconduct.
     6    § 7. The education law is amended by adding two  new  sections  8356-a
     7  and 8356-b to read as follows:
     8    § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet-
     9  ic  trainer required under this article to register triennially with the
    10  department to practice in the state shall comply with the provisions  of
    11  the  mandatory  continuing education requirements prescribed in subdivi-
    12  sion two of this section except as set forth in paragraphs (b)  and  (c)
    13  of  this subdivision.  Licensed athletic trainers who do not satisfy the
    14  mandatory continuing education requirements  shall  not  practice  until
    15  they  have  met such requirements, and they have been issued a registra-
    16  tion certificate, except that a licensed athletic trainer  may  practice
    17  without  having  met  such  requirements if he or she is issued a condi-
    18  tional registration certificate pursuant to subdivision  three  of  this
    19  section.
    20    (b)  Each licensed athletic trainer shall be exempt from the mandatory
    21  continuing education requirement for the triennial  registration  period
    22  during  which he or she is first licensed. In accordance with the intent
    23  of this  section,  adjustment  to  the  mandatory  continuing  education
    24  requirement  may  be  granted  by  the  department for reasons of health
    25  certified by an  appropriate  health  care  professional,  for  extended
    26  active  duty  with  the  armed forces of the United States, or for other
    27  good cause acceptable to the department which may prevent compliance.
    28    (c) A licensed athletic trainer not engaged in practice, as determined
    29  by the department, shall be exempt from the mandatory continuing  educa-
    30  tion  requirement  upon  the  filing  of a statement with the department
    31  declaring such status. Any licensee  who  returns  to  the  practice  of
    32  athletic  training during the triennial registration period shall notify
    33  the department prior to reentering the profession and  shall  meet  such
    34  mandatory  education  requirements as shall be prescribed by regulations
    35  of the commissioner.
    36    2. During each triennial registration period, an applicant for  regis-
    37  tration  as  a  licensed  athletic  trainer  shall complete a minimum of
    38  forty-five hours of acceptable formal continuing education, as specified
    39  in subdivision four of this section. Any licensed athletic trainer whose
    40  first registration date following the effective  date  of  this  section
    41  occurs  less  than three years from such effective date, but on or after
    42  January first, two thousand twenty, shall complete continuing  education
    43  hours  on  a  prorated  basis  at the rate of one hour per month for the
    44  period beginning January first, two thousand  twenty  and  then  fifteen
    45  hours  per  year  until his or her first registration date thereafter. A
    46  licensee who  has  not  satisfied  the  mandatory  continuing  education
    47  requirements shall not be issued a triennial registration certificate by
    48  the  department  and  shall  not practice unless and until a conditional
    49  registration certificate is issued as provided for in subdivision  three
    50  of  this  section. Continuing education hours taken during one triennium
    51  may not be transferred to a subsequent triennium.
    52    3. The department, in its discretion, may issue a  conditional  regis-
    53  tration  to  a  licensee  who  fails  to  meet  the continuing education
    54  requirements established in subdivision two  of  this  section  but  who
    55  agrees to make up any deficiencies and complete any additional education
    56  which  the department may require. The fee for such a conditional regis-
        A. 5499                             6
     1  tration shall be the same as, and in addition to, the fee for the trien-
     2  nial registration. The duration of such conditional  registration  shall
     3  be  determined  by  the  department  but shall not exceed one year.  Any
     4  licensee  who  is  notified of the denial of registration for failure to
     5  submit evidence, satisfactory to the department, of required  continuing
     6  education  and who practices without such registration may be subject to
     7  disciplinary proceedings pursuant to section sixty-five hundred  ten  of
     8  this title.
     9    4.  As  used  in  subdivision  two of this section, "acceptable formal
    10  education" shall mean formal courses of  learning  which  contribute  to
    11  professional  practice in athletic training and which meet the standards
    12  prescribed by regulations of the commissioner. Such  formal  courses  of
    13  learning  shall  include, but not be limited to, collegiate level credit
    14  and non-credit courses, professional development programs and  technical
    15  sessions offered by national, state and local professional associations,
    16  and any other organized educational and technical programs acceptable to
    17  the  department.  The department may, in its discretion and as needed to
    18  contribute to  the  health  and  welfare  of  the  public,  require  the
    19  completion  of  continuing  education  courses  in  specific subjects to
    20  fulfill this  mandatory  continuing  education  requirement.  Continuing
    21  education  courses must be taken from a provider approved by the depart-
    22  ment, based upon an application and fee pursuant to the  regulations  of
    23  the commissioner.
    24    5.  A  licensed athletic trainer shall maintain adequate documentation
    25  of completion  of  acceptable  formal  continuing  education  and  shall
    26  provide  such documentation at the request of the department. Failure to
    27  provide such documentation upon the request of the department  shall  be
    28  an  act  of  misconduct  subject to disciplinary proceedings pursuant to
    29  section sixty-five hundred ten of this title.
    30    6. The mandatory continuing education  fee  shall  be  payable  on  or
    31  before the first day of each triennial registration period, and shall be
    32  paid  in  addition to the triennial registration fee required by section
    33  eighty-three hundred fifty-five of this article.
    34    § 8356-b. Special provisions.  Any  person  who  is  certified  as  an
    35  athletic trainer by the department on the effective date of this section
    36  shall have one year from the effective date to apply for and qualify for
    37  licensure as an athletic trainer without meeting any additional require-
    38  ments.
    39    § 8. Section 8357 of the education law, as added by chapter 798 of the
    40  laws of 1992, is amended to read as follows:
    41    § 8357. Non-liability  of  [certified]  licensed athletic trainers for
    42  first aid or emergency  treatment.    Notwithstanding  any  inconsistent
    43  provision of any general, special or local law, any [certified] licensed
    44  athletic trainer who voluntarily and without the expectation of monetary
    45  compensation renders first aid or emergency treatment at the scene of an
    46  accident  or other emergency, outside a hospital, doctor's office or any
    47  other place having proper and necessary athletic training equipment,  to
    48  a  person  who  is  unconscious, ill or injured, shall not be liable for
    49  damages for injuries alleged to have been sustained by  such  person  or
    50  for  damages  for  the  death of such person alleged to have occurred by
    51  reason of an act or omission in the rendering of such first aid or emer-
    52  gency treatment unless it is established that such injuries were or such
    53  death was caused by gross negligence on the part of such athletic train-
    54  er.  Nothing in this section shall be deemed or construed to  relieve  a
    55  [certified]  licensed  athletic  trainer  from liability for damages for
    56  injuries or death caused by an act or omission on the part of an athlet-
        A. 5499                             7
     1  ic trainer while rendering professional services in the normal and ordi-
     2  nary course of his or her practice.
     3    §  9. Section 8358 of the education law is renumbered section 8359 and
     4  a new section 8358 is added to read as follows:
     5    § 8358. Limited permits. The  following  requirements  for  a  limited
     6  permit  shall apply to all professions licensed or certified pursuant to
     7  this article:
     8    1. The department may issue a limited permit to an applicant who meets
     9  all qualifications for licensure, except the examination, in  accordance
    10  with regulations promulgated therefor.
    11    2. Limited permits shall be for one year; such limited permits may not
    12  be renewed.
    13    3.  The  fee  for  each  limited  permit and for each renewal shall be
    14  seventy dollars.
    15    4. A limited permit holder shall practice only under  the  supervision
    16  of a physician as determined in accordance with the commissioner's regu-
    17  lations.
    18    §  10.  Paragraph  a of subdivision 3 of section 6507 of the education
    19  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    20  as follows:
    21    a. Establish standards for preprofessional and professional education,
    22  experience and licensing examinations as required to implement the arti-
    23  cle for each profession. Notwithstanding any other provision of law, the
    24  commissioner shall establish standards requiring that all persons apply-
    25  ing,  on or after January first, nineteen hundred ninety-one, initially,
    26  or for the renewal of, a license, registration or limited permit to be a
    27  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    28  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    29  licensed clinical  social  worker,  licensed  creative  arts  therapist,
    30  licensed  marriage  and family therapist, licensed mental health counse-
    31  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
    32  analyst,  [or]  certified behavior analyst assistant or athletic trainer
    33  shall, in addition to all the other licensure, certification  or  permit
    34  requirements, have completed two hours of coursework or training regard-
    35  ing  the  identification  and reporting of child abuse and maltreatment.
    36  The coursework or training shall be  obtained  from  an  institution  or
    37  provider  which  has  been  approved  by  the department to provide such
    38  coursework or training. The coursework or training shall include  infor-
    39  mation  regarding  the physical and behavioral indicators of child abuse
    40  and maltreatment and the statutory reporting  requirements  set  out  in
    41  sections four hundred thirteen through four hundred twenty of the social
    42  services  law,  including but not limited to, when and how a report must
    43  be made, what other actions the reporter is mandated  or  authorized  to
    44  take, the legal protections afforded reporters, and the consequences for
    45  failing to report. Such coursework or training may also include informa-
    46  tion  regarding  the  physical and behavioral indicators of the abuse of
    47  individuals with mental retardation and other developmental disabilities
    48  and voluntary reporting of abused or neglected adults to the office  [of
    49  mental  retardation  and]  for people with developmental disabilities or
    50  the local adult protective services unit. Each applicant  shall  provide
    51  the  department  with documentation showing that he or she has completed
    52  the required training. The department shall provide  an  exemption  from
    53  the  child abuse and maltreatment training requirements to any applicant
    54  who requests such an exemption and who shows, to the department's satis-
    55  faction, that there would be no need because of the nature of his or her
    56  practice for him or her to complete such training;
        A. 5499                             8
     1    § 11. Section 6505-b of the education law, as amended by chapter 10 of
     2  the laws of 2018, is amended to read as follows:
     3    § 6505-b. Course  work  or  training  in  infection control practices.
     4  Every dentist, registered nurse, licensed practical  nurse,  podiatrist,
     5  optometrist,  athletic  trainer  and  dental hygienist practicing in the
     6  state shall, on or before July first, nineteen hundred  ninety-four  and
     7  every  four years thereafter, complete course work or training appropri-
     8  ate to the professional's practice approved by the department  regarding
     9  infection  control, which shall include sepsis, and barrier precautions,
    10  including engineering and work practice  controls,  in  accordance  with
    11  regulatory standards promulgated by the department, in consultation with
    12  the department of health, which shall be consistent, as far as appropri-
    13  ate, with such standards adopted by the department of health pursuant to
    14  section  two hundred thirty-nine of the public health law to prevent the
    15  transmission of HIV, HBV, HCV and infections that could lead  to  sepsis
    16  in  the  course  of  professional practice. Each such professional shall
    17  document to the department at the time of registration  commencing  with
    18  the  first  registration  after July first, nineteen hundred ninety-four
    19  that the professional has completed course work or training  in  accord-
    20  ance with this section, provided, however that a professional subject to
    21  the  provisions  of  paragraph (f) of subdivision one of section twenty-
    22  eight hundred five-k of the public health law shall not be  required  to
    23  so  document.  The  department  shall  provide  an  exemption  from this
    24  requirement to anyone who requests such an exemption and who (i) clearly
    25  demonstrates to the department's satisfaction that  there  would  be  no
    26  need  for him or her to complete such course work or training because of
    27  the nature of his or her practice or (ii) that he or she  has  completed
    28  course work or training deemed by the department to be equivalent to the
    29  course  work  or  training  approved  by the department pursuant to this
    30  section. The department shall consult with organizations  representative
    31  of  professions,  institutions  and  those  with  expertise in infection
    32  control and HIV, HBV, HCV and infections that could lead to sepsis  with
    33  respect  to  the  regulatory  standards  promulgated  pursuant  to  this
    34  section.
    35    § 12. Paragraph (a) of subdivision 1 of  section  413  of  the  social
    36  services  law,  as  amended  by section 7 of part C of chapter 57 of the
    37  laws of 2018, is amended to read as follows:
    38    (a) The following persons and officials  are  required  to  report  or
    39  cause  a  report to be made in accordance with this title when they have
    40  reasonable cause to suspect that a child coming  before  them  in  their
    41  professional  or  official capacity is an abused or maltreated child, or
    42  when they have reasonable cause to suspect that a child is an abused  or
    43  maltreated  child  where the parent, guardian, custodian or other person
    44  legally responsible for such child comes before them  in  their  profes-
    45  sional  or  official  capacity and states from personal knowledge facts,
    46  conditions or circumstances which, if correct, would render the child an
    47  abused or maltreated child: any physician; registered physician  assist-
    48  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    49  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    50  athletic  trainer;  psychologist; registered nurse; social worker; emer-
    51  gency medical technician; licensed  creative  arts  therapist;  licensed
    52  marriage   and  family  therapist;  licensed  mental  health  counselor;
    53  licensed psychoanalyst; licensed behavior  analyst;  certified  behavior
    54  analyst assistant; hospital personnel engaged in the admission, examina-
    55  tion,  care  or  treatment of persons; a Christian Science practitioner;
    56  school official, which includes but is not limited  to  school  teacher,
        A. 5499                             9
     1  school  guidance  counselor,  school psychologist, school social worker,
     2  school nurse, school administrator or other school personnel required to
     3  hold a teaching or administrative license or certificate; full or  part-
     4  time  compensated  school employee required to hold a temporary coaching
     5  license or professional coaching certificate;  social  services  worker;
     6  employee  of a publicly-funded emergency shelter for families with chil-
     7  dren; director of a children's overnight camp, summer day camp or  trav-
     8  eling  summer  day  camp,  as such camps are defined in section thirteen
     9  hundred ninety-two of the public health law;  day  care  center  worker;
    10  school-age  child  care  worker;  provider of family or group family day
    11  care; employee or volunteer in a residential care facility for  children
    12  that  is  licensed,  certified or operated by the office of children and
    13  family services; or any other child care or foster care  worker;  mental
    14  health  professional;  substance  abuse counselor; alcoholism counselor;
    15  all persons credentialed by the office of alcoholism and substance abuse
    16  services; employees, who are expected to have  regular  and  substantial
    17  contact  with  children, of a health home or health home care management
    18  agency contracting with a health home as designated by the department of
    19  health and authorized under section three hundred sixty-five-l  of  this
    20  chapter  or such employees who provide home and community based services
    21  under a demonstration program pursuant to section eleven hundred fifteen
    22  of the federal social security act who are expected to have regular  and
    23  substantial  contact  with  children;  peace  officer;  police  officer;
    24  district attorney or assistant district attorney; investigator  employed
    25  in the office of a district attorney; or other law enforcement official.
    26    §  13. This act shall take effect two years after it shall have become
    27  a law, provided, however, that section 8356-a of the  education  law  as
    28  added  by  section  seven of this act shall take effect five years after
    29  this act shall have become a law. Effective immediately,  the  addition,
    30  amendment  and/or  repeal  of  any  rule or regulation necessary for the
    31  implementation of this act on its effective date are  authorized  to  be
    32  made and completed on or before such date.