Bill Text: NY S01851 | 2009-2010 | General Assembly | Amended
Bill Title: Requires physicians, chiropractors, dentists, registered nurses, podiatrists, optometrists, psychiatrists, psychologists, and dental hygienists to have completed one hour of coursework or training regarding the identification and reporting of elderly abuse prior to the renewal of a license, registration or limited permit; provides procedures and provides for exemptions when no need therefor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-06-14 - ADVANCED TO THIRD READING [S01851 Detail]
Download: New_York-2009-S01851-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 1851--A 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recom- mitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to health care practi- tioner professional education in the area of elderly abuse THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph a of subdivision 3 of section 6507 of the educa- 2 tion law, as amended by chapter 356 of the laws of 2006, is amended to 3 read as follows: 4 a. Establish standards for preprofessional and professional education, 5 experience and licensing examinations as required to implement the arti- 6 cle for each profession. Notwithstanding any other provision of law, the 7 commissioner shall establish standards requiring that all persons apply- 8 ing, on or after January first, nineteen hundred ninety-one, initially, 9 or for the renewal of, a license, registration or limited permit to be a 10 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 11 trist, psychiatrist, psychologist, licensed master social worker, 12 licensed clinical social worker, licensed creative arts therapist, 13 licensed marriage and family therapist, licensed mental health counse- 14 lor, licensed psychoanalyst, or dental hygienist shall, in addition to 15 all the other licensure, certification or permit requirements, have 16 completed [two] THREE hours of coursework or training regarding the 17 identification and reporting of child AND ELDER abuse and maltreatment. 18 The coursework or training shall be obtained from an institution or 19 provider which has been approved by the department to provide such 20 coursework or training. [The] TWO HOURS OF THE coursework or training 21 shall include information regarding the physical and behavioral indica- 22 tors of child abuse and maltreatment and the statutory reporting EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02895-02-0 S. 1851--A 2 1 requirements set out in sections four hundred thirteen through four 2 hundred twenty of the social services law, including but not limited to, 3 when and how a report must be made, what other actions the reporter is 4 mandated or authorized to take, the legal protections afforded repor- 5 ters, and the consequences for failing to report. ONE HOUR OF THE 6 COURSEWORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION 7 REGARDING THE PHYSICAL AND BEHAVIORAL INDICATORS OF ELDER ABUSE AND 8 MALTREATMENT, AND WHEN AND HOW A REPORT OF ELDER ABUSE AND MALTREATMENT 9 MAY BE MADE, WHAT OTHER ACTIONS THE REPORTER IS MANDATED OR AUTHORIZED 10 TO TAKE, THE LEGAL PROTECTIONS AFFORDED REPORTERS, AND THE CONSEQUENCES, 11 IF ANY, FOR FAILING TO REPORT. FOR THE PURPOSES OF THIS PARAGRAPH, 12 "ELDER ABUSE AND MALTREATMENT" MEANS PHYSICAL ABUSE, SEXUAL ABUSE, 13 EMOTIONAL ABUSE, ACTIVE NEGLECT, PASSIVE NEGLECT OR SELF NEGLECT, AS 14 SUCH TERMS ARE DEFINED BY SUBDIVISION SIX OF SECTION FOUR HUNDRED SEVEN- 15 TY-THREE OF THE SOCIAL SERVICES LAW, COMMITTED AGAINST A PERSON SIXTY 16 YEARS OF AGE OR OLDER. Such coursework or training may also include 17 information regarding the physical and behavioral indicators of the 18 abuse of individuals with mental retardation and other developmental 19 disabilities and voluntary reporting of abused or neglected adults to 20 the office of mental retardation and developmental disabilities or the 21 local adult protective services unit. Each applicant shall provide the 22 department with documentation showing that he or she has completed the 23 required training. The department shall provide an exemption from the 24 child AND ELDER abuse and maltreatment training requirements to any 25 applicant who requests such an exemption and who shows, to the depart- 26 ment's satisfaction, that there would be no need because of the nature 27 of his or her practice for him or her to complete such training; 28 S 2. This act shall take effect on the first of January of the second 29 calendar year commencing after the date on which it shall have become a 30 law.