Bill Text: NY S02937 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Establishes within the department of mental hygiene a statewide central registry of persons terminated from employment for abuse, neglect or mistreatment of mentally ill or developmentally disabled persons.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S02937 Detail]

Download: New_York-2015-S02937-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2937
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 30, 2015
                                      ___________
       Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law, in relation  to  establishing  a
         statewide  central registry of employees of mental health and develop-
         mental disability facilities terminated  from  employment  for  abuse,
         neglect or mistreatment
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The mental hygiene law is amended by adding a new  section
    2  5.11 to read as follows:
    3  S 5.11 STATEWIDE  CENTRAL  REGISTRY  OF  EMPLOYEES TERMINATED FOR ABUSE,
    4           NEGLECT OR MISTREATMENT.
    5    (A) THE COMMISSIONERS OF MENTAL HEALTH AND DEVELOPMENTAL  DISABILITIES
    6  SHALL JOINTLY ESTABLISH AND MAINTAIN, WITHIN THE DEPARTMENT, A STATEWIDE
    7  CENTRAL REGISTRY OF PERSONS, WHO ARE OR WERE SUBJECT TO A CRIMINAL BACK-
    8  GROUND  HISTORY  CHECK  PURSUANT  TO  LAW,  AND WHO WERE TERMINATED FROM
    9  EMPLOYMENT BY ANY FACILITY LICENSED,  REGISTERED  OR  CERTIFIED  BY  THE
   10  OFFICE  OF  MENTAL  HEALTH  OR  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
   11  DISABILITIES ON THE BASIS OF ABUSE, NEGLECT OR MISTREATMENT. THE  REGIS-
   12  TRY  SHALL  MAINTAIN  SUCH  INFORMATION  AS  THE COMMISSIONERS OF MENTAL
   13  HEALTH AND DEVELOPMENTAL DISABILITIES SHALL REQUIRE INCLUDING THE  NAME,
   14  ADDRESS,  DATE  OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PERSON TERMI-
   15  NATED FROM EMPLOYMENT; THE NAME, ADDRESS AND  TELEPHONE  NUMBER  OF  THE
   16  TERMINATING  FACILITY;  THE  DATE  AND  REASONS FOR TERMINATION; AND THE
   17  TYPES AND DISPOSITIONS OF ALL PROCEEDINGS AGAINST SUCH PERSON RELATED TO
   18  THE TERMINATION OF EMPLOYMENT.
   19    (B) EACH FACILITY SHALL TRANSMIT  THE  REQUISITE  INFORMATION  TO  THE
   20  REGISTRY NOT LATER THAN THE FIFTEENTH CALENDAR DAY FOLLOWING TERMINATION
   21  OF EMPLOYMENT OF ANY PERSON FOR ABUSE, NEGLECT OR MISTREATMENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06464-01-5
       S. 2937                             2
    1    (C)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EVERY
    2  FACILITY LICENSED, REGISTERED OR  CERTIFIED  BY  THE  OFFICE  OF  MENTAL
    3  HEALTH  OR  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL
    4  HAVE ACCESS TO THE INFORMATION IN THE REGISTRY FOR THE PURPOSE OF MAKING
    5  INQUIRES RELATING TO PERSONS EMPLOYED OR APPLYING FOR EMPLOYMENT AT SUCH
    6  FACILITY.
    7    (D)  THE INFORMATION REQUIRED TO BE SUBMITTED PURSUANT TO THIS SECTION
    8  WHICH IS REQUIRED TO BE KEPT CONFIDENTIAL SHALL ONLY BE DISCLOSED PURSU-
    9  ANT TO THE PROVISIONS OF THIS SECTION.
   10    S 2. This act shall take effect on the first of January next  succeed-
   11  ing the date on which it shall have become a law.