Bill Text: NY A09134 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to hospital domestic violence procedures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-04-17 - signed chap.37 [A09134 Detail]

Download: New_York-2019-A09134-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9134

                   IN ASSEMBLY

                                    January 22, 2020
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Health

        AN  ACT to amend the public health law, in relation to hospital domestic
          violence policies and procedures; and to amend a chapter of  the  laws
          of  2019  amending the public health law relating to hospital domestic
          violence policies and procedures  as  proposed  in  legislative  bills
          numbers  S.  3962-A  and  A.  2850-A, in relation to the effectiveness
          thereof

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

     1    Section  1.  Section  2805-z  of  the public health law, as added by a
     2  chapter of the laws of 2019 amending the public health law  relating  to
     3  hospital domestic violence policies and procedures as proposed in legis-
     4  lative  bills  numbers  S.  3962-A  and A. 2850-A, is amended to read as
     5  follows:
     6    § 2805-z. Hospital domestic violence policies and procedures. 1. Every
     7  general hospital shall: (a) develop, maintain  and  disseminate  written
     8  policies  and  procedures  for the identification, assessment, treatment
     9  and referral of confirmed or suspected cases of domestic  violence;  (b)
    10  establish, and implement on an ongoing basis, a training program for all
    11  [current  and  new  employees]  nursing,  medical, social work and other
    12  clinical personnel, and security personnel working in  hospital  service
    13  units regarding the policies and procedures established pursuant to this
    14  section;  and  (c)  designate  a staff member to [coordinate services to
    15  victims of domestic violence; and (d)] contact the domestic violence  or
    16  victim  assistance  organization  identified  by  the commissioner under
    17  subdivision three of this section providing  victim  assistance  to  the
    18  geographic area served by such hospital to establish the coordination of
    19  services to domestic violence victims.
    20    2.  Upon  admittance  or  commencement  of treatment of a confirmed or
    21  suspected domestic violence  victim,  such  hospital  shall  advise  the
    22  victim  of  the  availability  of the services of a domestic violence or
    23  victim assistance organization.  If  after  receiving  such  advice  the
    24  domestic  violence  victim wishes the presence of a domestic violence or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04595-05-0
        A. 9134                             2

     1  victim assistance advocate, such hospital shall contact the  appropriate
     2  organization and request that one be provided.
     3    3. The commissioner shall promulgate such rules and regulations as may
     4  be  necessary and proper to carry out effectively the provisions of this
     5  section.  Prior to promulgating such rules and regulations, the  commis-
     6  sioner  shall  consult  with  the  office for the prevention of domestic
     7  violence and other such persons as the commissioner deems  necessary  to
     8  develop  a  model policy for hospitals to utilize in complying with this
     9  section and to identify  the  domestic  violence  or  victim  assistance
    10  organizations  operating  in  each hospital's geographic area, a list of
    11  which the commissioner shall provide to hospitals with the model policy.
    12    § 2. Section 2 of a chapter of the laws of 2019, amending  the  public
    13  health  law  relating  to hospital domestic violence policies and proce-
    14  dures as proposed in legislative bills numbers S. 3962-A and A.  2850-A,
    15  is amended to read as follows:
    16    § 2. This act shall take effect [on the first of January next succeed-
    17  ing the date on which] one year after it shall have become a law. Effec-
    18  tive immediately, the addition, amendment and/or repeal of any rules  or
    19  regulations necessary for the implementation of the foregoing section of
    20  this  act  on its effective date are authorized to be made and completed
    21  on or before such effective date.
    22    § 3. This act shall take effect immediately;  provided,  however  that
    23  section  one  of  this act shall take effect on the same date and in the
    24  same manner as a chapter of the laws of 2019, amending the public health
    25  law relating to hospital domestic violence policies  and  procedures  as
    26  proposed  in  legislative  bills  numbers S. 3962-A and A. 2850-A, takes
    27  effect.