Bill Text: NY A05499 | 2019-2020 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-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 to7secondary schools, institutions of postsecondary education, professional8athletic organizations, or a person who, under the supervision of a9physician, carries out comparable functions on orthopedic athletic inju-10ries, excluding spinal cord injuries, in a health care organization.11Supervision of an athletic trainer by a physician shall be continuous12but shall not be construed as requiring the physical presence of the13supervising physician at the time and place where such services are14performed]. 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. LBD09434-02-9A. 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-14izing 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 of9the profession of athletic training is defined as the application of10principles, methods and procedures for managing athletic injuries, which11shall include the preconditioning, conditioning and reconditioning of an12individual who has suffered an athletic injury through the use of appro-13priate preventative and supportive devices, under the supervision of a14physician and recognizing illness and referring to the appropriate15medical professional with implementation of treatment pursuant to physi-16cian'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-49izing 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-18standing the foregoing, the members of the first committee need not be19certified 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-2ination provided that, within three years from the effective date of3regulations implementing the provisions of this article, the individual:41. files an application and pays the appropriate fees to the depart-5ment; and62. meets the requirements of subdivisions two and five of section7eight thousand three hundred fifty-five of this article and who in addi-8tion:9(a) has been actively engaged in the profession of athletic training10for a minimum of four years during the seven years immediately preceding11the effective date of this article; or12(b) is certified by a United States certifying body acceptable to the13department.] 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 UnitedA. 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 ofA. 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 forA. 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 orA. 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 [of13mental 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.