Bill Text: NY S05127 | 2019-2020 | General Assembly | Amended
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: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2020-07-06 - PRINT NUMBER 5127A [S05127 Detail]
Download: New_York-2019-S05127-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5127--A 2019-2020 Regular Sessions IN SENATE April 10, 2019 ___________ Introduced by Sens. MAY, RIVERA, SEWARD, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted 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 commit- tee 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 of the practice of athletic training. [As used in4this article5"athletic trainer" means any person who is duly certified in accord-6ance with this article to perform athletic training under the super-7vision of a physician [and limits his or her practice to secondary8schools, institutions of postsecondary education, professional athletic9organizations, or a person who, under the supervision of a physician,10carries out comparable functions on orthopedic athletic injuries,11excluding spinal cord injuries, in a health care organization. Super-12vision of an athletic trainer by a physician shall be continuous but13shall not be construed as requiring the physical presence of the super-14vising physician at the time and place where such services are15performed.] 1. Definition. The practice of the profession of athletic 16 training is performed by athletic trainers who are defined as health 17 care professionals, and is defined as: 18 (a) The prevention, recognition, examination, evaluation, assessment, 19 management, treatment and rehabilitation of athletic injuries that occur EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09434-05-0S. 5127--A 2 1 in active individuals. Athletic training involves the recognition, 2 evaluation, and assistance in the management of sport-related illnesses 3 and medical conditions, pursuant to the athletic trainer's education, 4 experience, and competencies. 5 (b) The work of athletic training is performed under the supervision 6 of a physician pursuant to a standard written protocol for athletic 7 training services. Supervision by a physician shall be continuous but 8 shall not be construed as requiring the physical presence of the super- 9 vising physician at the time and place where such services are 10 performed. 11 (c) The practice of athletic training may include use of various clin- 12 ically appropriate therapeutic modalites and techniques. 13 (d) The scope of work described [herein shall not be construed as14authorizing the reconditioning of neurologic injuries, conditions or15disease] in this section shall not be construed as authorizing the 16 management and treatment of acute, subacute, or chronic neurological 17 pathologies and comorbidities or neurological disease processes with the 18 exception of initial evaluation and triage of emergent neurological 19 conditions such as potential concussions, spinal cord injuries or nerve 20 injuries resulting from participation in an athletic endeavor, while 21 training, or engaged in performing arts, public protection, emergency 22 services, or military service, or during adaptive athletics. Once the 23 individual has been cleared by a supervising physician, after sustaining 24 such an injury, the athletic trainer shall work with the individual 25 pursuant to standard written protocol to manage, monitor and treat such 26 injuries for participation in rehabilitation for an athletic endeavor, 27 while training, engaging in performing arts, public protection, emergen- 28 cy services, military services or during adaptive athletics. Athletic 29 trainers shall work with individuals pursuant to standard written proto- 30 col to manage, monitor and treat such injuries for participation in 31 rehabilitation for an athletic endeavor, while training, engaging in 32 performing arts, public protection, emergency services, military 33 services or during adaptive athletics. 34 (e) Athletic training includes education and instruction to coaches, 35 athletes, active individuals, parents, medical personnel and communities 36 in the area of care and prevention of athletic injuries, sports-related 37 illnesses and medical conditions. 38 2. Boundaries of professional practice. Any individual whose license 39 or authority to practice derives from the provisions of this article 40 shall be prohibited from prescribing any medication or controlled 41 substance or performing surgery, suturing, or any invasive procedures, 42 in which human tissue is cut, altered, or otherwise pierced by mechan- 43 ical or other means, including needles, except that nothing in this 44 section shall be construed to prohibit the use of an epinephrine auto- 45 injector device pursuant to section three thousand-c of the public 46 health law. 47 § 2. Section 8352 of the education law, as amended by chapter 658 of 48 the laws of 1993, is amended to read as follows: 49 § 8352. [Definition of practice of] Definitions related to athletic 50 training. [The practice of the profession of athletic training is51defined as the application of principles, methods and procedures for52managing athletic injuries, which shall include the preconditioning,53conditioning and reconditioning of an individual who has suffered an54athletic injury through the use of appropriate preventative and support-55ive devices, under the supervision of a physician and recognizing56illness and referring to the appropriate medical professional withS. 5127--A 3 1implementation of treatment pursuant to physician's orders. Athletic2training includes instruction to coaches, athletes, parents, medical3personnel and communities in the area of care and prevention of athletic4injuries.5The scope of work described herein shall not be construed as authoriz-6ing the reconditioning of neurologic injuries, conditions or disease.] 7 As used in this article, the following terms shall have the following 8 meanings: 9 1. "emergent" shall mean a serious, unexpected and often dangerous 10 situation requiring immediate action. 11 2. "supervision" shall mean by a physician and shall be continuous but 12 shall not be construed as requiring the physical presence of the super- 13 vising physician at the time and place where such services are 14 performed, and shall further include use of standard written protocols 15 for athletic training services developed in consultation with the super- 16 vising physician. 17 3. "sport-related illnesses and medical conditions" shall mean any 18 disease, disorder, sickness or affliction that arises from or is a 19 manifestation of a physically active individual's participation in an 20 exercise, a sport, a game, a recreational activity or other activity, or 21 any other condition, that may require immediate intervention by an 22 athletic trainer, acting with the consent and under the direction of a 23 physician. 24 4. "standard written protocol" shall mean a written agreement or other 25 document developed in conjunction with the supervising physician, which 26 identifies and is signed by the supervising physician and the licensed 27 athletic trainer, and describes the manner and frequency in which the 28 licensed athletic trainer regularly communicates with the supervising 29 physician and includes standard operating procedures, developed in 30 agreement with the supervising physician and licensed athletic trainer, 31 that the licensed athletic trainer follows when not directly supervised 32 onsite by the supervising physician. 33 5. "active individual" shall mean one who engages in activities that 34 require a high degree of physical exertion, that involve training and 35 where injury occurs during such training or athletic endeavor, including 36 but not limited to athletic individuals, performing artists and individ- 37 uals involved in public protection, emergency services, or military 38 service, or individuals involved in adaptive athletics. 39 6. "athletic injury" shall mean any injury sustained as a result of 40 participation in an exercise, a sport, a game, a recreational activity 41 or any other activity that requires a level of strength, flexibility or 42 agility that is comparable to the level of strength, flexibility or 43 agility required for an exercise, a sport, a game or a recreational 44 activity. 45 § 3. Section 8353 of the education law, as added by chapter 798 of the 46 laws of 1992, is amended to read as follows: 47 § 8353. Use of the title "[certified] licensed athletic trainer". 48 Only a person [certified] licensed or otherwise authorized under this 49 article shall practice athletic training or use the title "[certified] 50 licensed athletic trainer" or the abbreviation "AT" in connection with 51 his or her name or with any trade name in the conduct of his or her 52 profession. 53 § 4. Section 8354 of the education law, as added by chapter 798 of the 54 laws of 1992, is amended to read as follows: 55 § 8354. State committee for athletic trainers. A state committee for 56 athletic trainers shall be appointed by the board of regents, upon theS. 5127--A 4 1 recommendation of the commissioner and shall assist on matters of 2 [certification] professional licensing and professional conduct in 3 accordance with section six thousand five hundred eight of this title. 4 The committee shall consist of [five] seven members [who], five of whom 5 are athletic trainers [certified] licensed in this state, one practicing 6 physician who is licensed in this state to practice as an orthopedic 7 surgeon, a primary care/family practice physician, a sports medicine 8 practitioner, or a neurologist, and one public member that is a consumer 9 of the profession. The committee shall assist the state board for medi- 10 cine in athletic training matters. Nominations and terms of office of 11 the members of the state committee for athletic trainers shall conform 12 to the corresponding provisions relating thereto for state boards under 13 article one hundred thirty of title eight of this chapter. [Notwith-14standing the foregoing, the members of the first committee need not be15certified prior to their appointment to the committee.] 16 § 5. Section 8355 of the education law, as added by chapter 798 of the 17 laws of 1992, is amended to read as follows: 18 § 8355. Requirements and procedure for professional [certification] 19 licensure. [For certification as a certified] To qualify for a license 20 as an athletic trainer under this article, an applicant shall fulfill 21 the following requirements: 22 1. Application: file an application with the department; 23 2. Education: have received an education including a bachelor's, its 24 equivalent or higher degree in accordance with the commissioner's regu- 25 lations, provided however, as of December thirty-first, two thousand 26 twenty-eight, applicants must have received a master's degree, its 27 equivalent or higher in accordance with the commissioner's regulations; 28 3. Experience: have experience in accordance with the commissioner's 29 regulations; 30 4. Examination: pass an examination in accordance with the commission- 31 er's regulations; 32 5. Age: be at least twenty-one years of age; [and] 33 6. Fees: pay a fee for an initial [certificate] license of one hundred 34 dollars to the department; and a fee of fifty dollars for each triennial 35 registration period[.]; and 36 7. Character: be of good moral character as determined by the depart- 37 ment. 38 § 6. Section 8356 of the education law, as amended by chapter 658 of 39 the laws of 1993, is amended to read as follows: 40 § 8356. [Special provisions. A person shall be certified without exam-41ination provided that, within three years from the effective date of42regulations implementing the provisions of this article, the individual:431. files an application and pays the appropriate fees to the depart-44ment; and452. meets the requirements of subdivisions two and five of section46eight thousand three hundred fifty-five of this article and who in addi-47tion:48(a) has been actively engaged in the profession of athletic training49for a minimum of four years during the seven years immediately preceding50the effective date of this article; or51(b) is certified by a United States certifying body acceptable to the52department.] Exempt persons. 1. Nothing contained in this article shall 53 prohibit: 54 (a) the practice of athletic training that is an integral part of a 55 program of study by students enrolled in an athletic training program 56 acceptable by the department or the substantial equivalent as determinedS. 5127--A 5 1 by the department. Students enrolled in an athletic training program 2 determined as acceptable by the department shall be identified as 3 "athletic training students" and shall only practice athletic training 4 under the direction and supervision of an athletic trainer currently 5 licensed under this article. An athletic training student shall not hold 6 himself or herself out as a licensed athletic trainer; or 7 (b) the practice of athletic training by any person who is appropri- 8 ately authorized and in good standing to practice athletic training in 9 another state from acting as an athletic trainer without a New York 10 state license solely for the following purposes: 11 (1) clinical education, practice demonstrations or clinical research 12 that is within the practice of athletic training in connection with a 13 program of basic clinical education, graduate education, or post-gradu- 14 ate education in an approved school of athletic training, or in a clin- 15 ical facility, or a health care agency, or for the purposes of continu- 16 ing education not to exceed a duration of thirty days in any calendar 17 year, and any athletic trainer who is licensed in another state or coun- 18 try, who is visiting an athletic training program, conducting clinical 19 education or clinical research shall be under the supervision of an 20 athletic trainer licensed in the state and such practice shall be limit- 21 ed to such instruction or research; or 22 (2) assisting in the care of athletes in a discrete sanctioned athlet- 23 ic event. 24 2. Any person practicing athletic training in this state pursuant to 25 this subdivision shall be subject to personal and subject matter juris- 26 diction and the disciplinary and regulatory authority of the board of 27 regents as if he or she is a licensee and as if the exemption pursuant 28 to this subdivision is a license. Such individuals shall consent to the 29 appointment of the secretary of state or other public official accepta- 30 ble to the department, in such athletic trainers' states of licensure as 31 the athletic trainers' agents upon whom process may be served in any 32 actions or proceedings by the department against such athletic trainers. 33 Such individuals shall comply with the provisions of this article, the 34 rules of the board of regents and the regulations of the commissioner 35 relating to professional misconduct, disciplinary proceedings and penal- 36 ties for professional misconduct. 37 3. (a) Any athletic trainer who is licensed and in good standing in 38 another state or territory, and who has a written agreement to provide 39 athletic training services to athletes and team personnel of a United 40 States sports team recognized by the United States Olympic Committee or 41 an out-of-state secondary school, an institution of postsecondary educa- 42 tion, a professional athletic organization sports team, or a performing 43 arts troupe, may provide athletic training services to such athletes and 44 team personnel at a discrete sanctioned team sporting event or perform- 45 ance in this state as defined by the commissioner in regulations, 46 provided such services are provided only to such athletes and team 47 personnel at the discrete sanctioned team sporting event or performance. 48 Any such athletic training services shall be provided only five days 49 before through three days after each discrete sanctioned team sporting 50 event or traveling performance. 51 (b) Any person practicing as an athletic trainer in this state pursu- 52 ant to this subdivision shall be subject to the personal and subject 53 matter jurisdiction and disciplinary and regulatory authority of the 54 board of regents as if he or she is a licensee and as if the exemption 55 pursuant to this subdivision is a license. Such individual shall comply 56 with applicable provisions of the rules of the board of regents, and theS. 5127--A 6 1 regulations of the commissioner, relating to professional misconduct, 2 disciplinary proceedings and penalties for professional misconduct. 3 4. This article shall not be construed to prohibit qualified members 4 of other licensed or legally recognized professions from performing work 5 incidental to the practice of their profession, except that such persons 6 may not hold themselves out under the title athletic trainer or as 7 performing athletic training. 8 § 7. The education law is amended by adding two new sections 8356-a 9 and 8356-b to read as follows: 10 § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet- 11 ic trainer required under this article to register triennially with the 12 department to practice in the state shall comply with the provisions of 13 the mandatory continuing education requirements prescribed in subdivi- 14 sion two of this section except as set forth in paragraphs (b) and (c) 15 of this subdivision. Licensed athletic trainers who do not satisfy the 16 mandatory continuing education requirements shall not practice until 17 they have met such requirements, and they have been issued a registra- 18 tion certificate, except that a licensed athletic trainer may practice 19 without having met such requirements if he or she is issued a condi- 20 tional registration certificate pursuant to subdivision three of this 21 section. 22 (b) Each licensed athletic trainer shall be exempt from the mandatory 23 continuing education requirement for the triennial registration period 24 during which he or she is first licensed. In accordance with the intent 25 of this section, adjustment to the mandatory continuing education 26 requirement may be granted by the department for reasons of health 27 certified by an appropriate health care professional, for extended 28 active duty with the armed forces of the United States, or for other 29 good cause acceptable to the department which may prevent compliance. 30 (c) A licensed athletic trainer not engaged in practice, as determined 31 by the department, shall be exempt from the mandatory continuing educa- 32 tion requirement upon the filing of a statement with the department 33 declaring such status. Any licensee who returns to the practice of 34 athletic training during the triennial registration period shall notify 35 the department prior to reentering the profession and shall meet such 36 mandatory education requirements as shall be prescribed by regulations 37 of the commissioner. 38 2. During each triennial registration period, an applicant for regis- 39 tration as a licensed athletic trainer shall complete a minimum of 40 forty-five hours of acceptable formal continuing education, as specified 41 in subdivision four of this section. Any licensed athletic trainer whose 42 first registration date following the effective date of this section 43 occurs less than three years from such effective date, but on or after 44 January first, two thousand twenty, shall complete continuing education 45 hours on a prorated basis at the rate of one hour per month for the 46 period beginning January first, two thousand twenty and then fifteen 47 hours per year until his or her first registration date thereafter. A 48 licensee who has not satisfied the mandatory continuing education 49 requirements shall not be issued a triennial registration certificate by 50 the department and shall not practice unless and until a conditional 51 registration certificate is issued as provided for in subdivision three 52 of this section. Continuing education hours taken during one triennium 53 may not be transferred to a subsequent triennium. 54 3. The department, in its discretion, may issue a conditional regis- 55 tration to a licensee who fails to meet the continuing education 56 requirements established in subdivision two of this section but whoS. 5127--A 7 1 agrees to make up any deficiencies and complete any additional education 2 which the department may require. The fee for such a conditional regis- 3 tration shall be the same as, and in addition to, the fee for the trien- 4 nial registration. The duration of such conditional registration shall 5 be determined by the department but shall not exceed one year. Any 6 licensee who is notified of the denial of registration for failure to 7 submit evidence, satisfactory to the department, of required continuing 8 education and who practices without such registration may be subject to 9 disciplinary proceedings pursuant to section sixty-five hundred ten of 10 this title. 11 4. For purposes of this section: 12 (a) "acceptable learning activities" shall include, but not be limited 13 to, formal courses of learning which contribute to professional practice 14 in psychology and/or self-study activities; independent study; formal 15 mentoring activities; publication in professional journals; or lectures, 16 which meet the standards prescribed by regulations of the commissioner; 17 and 18 (b) "formal courses of learning" shall include, but not be limited to, 19 collegiate level credit and non-credit courses, professional development 20 programs and technical sessions offered by national, state and local 21 professional associations and any other organizations acceptable to the 22 department, and any other organized educational and technical programs 23 acceptable to the department. Formal courses shall be taken from a 24 sponsor approved by the department, based upon an application and fee, 25 pursuant to the regulations of the commissioner. 26 5. The department may, in its discretion and as needed to contribute 27 to the health and welfare of the public, require the completion of 28 continuing education credits in specific subjects to fulfill this manda- 29 tory continuing education requirement. 30 6. A licensed athletic trainer shall maintain adequate documentation 31 of completion of acceptable formal continuing education and shall 32 provide such documentation at the request of the department. Failure to 33 provide such documentation upon the request of the department shall be 34 an act of misconduct subject to disciplinary proceedings pursuant to 35 section sixty-five hundred ten of this title. 36 7. The mandatory continuing education fee shall be payable on or 37 before the first day of each triennial registration period, and shall be 38 paid in addition to the triennial registration fee required by section 39 eighty-three hundred fifty-five of this article. 40 § 8356-b. Special provisions. Any person who is certified as an 41 athletic trainer by the department on the effective date of this section 42 shall have one year from the effective date to apply for and qualify for 43 licensure as an athletic trainer without meeting any additional require- 44 ments. 45 § 8. Section 8357 of the education law, as added by chapter 798 of the 46 laws of 1992, is amended to read as follows: 47 § 8357. Non-liability of [certified] licensed athletic trainers for 48 first aid or emergency treatment. Notwithstanding any inconsistent 49 provision of any general, special or local law, any [certified] licensed 50 athletic trainer who voluntarily and without the expectation of monetary 51 compensation renders first aid or emergency treatment at the scene of an 52 accident or other emergency, outside a hospital, doctor's office or any 53 other place having proper and necessary athletic training equipment, to 54 a person who is unconscious, ill or injured, shall not be liable for 55 damages for injuries alleged to have been sustained by such person or 56 for damages for the death of such person alleged to have occurred byS. 5127--A 8 1 reason of an act or omission in the rendering of such first aid or emer- 2 gency treatment unless it is established that such injuries were or such 3 death was caused by gross negligence on the part of such athletic train- 4 er. Nothing in this section shall be deemed or construed to relieve a 5 [certified] licensed athletic trainer from liability for damages for 6 injuries or death caused by an act or omission on the part of an athlet- 7 ic trainer while rendering professional services in the normal and ordi- 8 nary course of his or her practice. 9 § 9. Section 8358 of the education law is renumbered section 8359 and 10 a new section 8358 is added to read as follows: 11 § 8358. Limited permits. The following requirements for a limited 12 permit shall apply to all professions licensed or certified pursuant to 13 this article: 14 1. The department may issue a limited permit to an applicant who meets 15 all qualifications for licensure, except the examination, in accordance 16 with regulations promulgated therefor. 17 2. Limited permits shall be for one year; such limited permits may not 18 be renewed. 19 3. The fee for each limited permit and for each renewal shall be 20 seventy dollars. 21 4. A limited permit holder shall practice only under the supervision 22 of a physician as determined in accordance with the commissioner's regu- 23 lations. 24 § 10. Paragraph a of subdivision 3 of section 6507 of the education 25 law, as amended by chapter 672 of the laws of 2019, is amended to read 26 as follows: 27 a. Establish standards for preprofessional and professional education, 28 experience and licensing examinations as required to implement the arti- 29 cle for each profession. Notwithstanding any other provision of law, the 30 commissioner shall establish standards requiring that all persons apply- 31 ing, on or after January first, nineteen hundred ninety-one, initially, 32 or for the renewal of, a license, registration or limited permit to be a 33 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 34 trist, psychiatrist, psychologist, licensed master social worker, 35 licensed clinical social worker, licensed creative arts therapist, 36 licensed marriage and family therapist, licensed mental health counse- 37 lor, licensed psychoanalyst, dental hygienist, licensed behavior 38 analyst, [or] certified behavior analyst assistant, or athletic trainer 39 shall, in addition to all the other licensure, certification or permit 40 requirements, have completed two hours of coursework or training regard- 41 ing the identification and reporting of child abuse and maltreatment. 42 The coursework or training shall be obtained from an institution or 43 provider which has been approved by the department to provide such 44 coursework or training. The coursework or training shall include infor- 45 mation regarding the physical and behavioral indicators of child abuse 46 and maltreatment and the statutory reporting requirements set out in 47 sections four hundred thirteen through four hundred twenty of the social 48 services law, including but not limited to, when and how a report must 49 be made, what other actions the reporter is mandated or authorized to 50 take, the legal protections afforded reporters, and the consequences for 51 failing to report. Such coursework or training may also include informa- 52 tion regarding the physical and behavioral indicators of the abuse of 53 individuals with mental retardation and other developmental disabilities 54 and voluntary reporting of abused or neglected adults to the office for 55 people with developmental disabilities or the local adult protective 56 services unit. Each applicant shall provide the department with documen-S. 5127--A 9 1 tation showing that he or she has completed the required training. The 2 department shall provide an exemption from the child abuse and maltreat- 3 ment training requirements to any applicant who requests such an 4 exemption and who shows, to the department's satisfaction, that there 5 would be no need because of the nature of his or her practice for him or 6 her to complete such training; 7 § 11. Section 6505-b of the education law, as amended by chapter 10 of 8 the laws of 2018, is amended to read as follows: 9 § 6505-b. Course work or training in infection control practices. 10 Every dentist, registered nurse, licensed practical nurse, podiatrist, 11 optometrist, athletic trainer and dental hygienist practicing in the 12 state shall, on or before July first, nineteen hundred ninety-four and 13 every four years thereafter, complete course work or training appropri- 14 ate to the professional's practice approved by the department regarding 15 infection control, which shall include sepsis, and barrier precautions, 16 including engineering and work practice controls, in accordance with 17 regulatory standards promulgated by the department, in consultation with 18 the department of health, which shall be consistent, as far as appropri- 19 ate, with such standards adopted by the department of health pursuant to 20 section two hundred thirty-nine of the public health law to prevent the 21 transmission of HIV, HBV, HCV and infections that could lead to sepsis 22 in the course of professional practice. Each such professional shall 23 document to the department at the time of registration commencing with 24 the first registration after July first, nineteen hundred ninety-four 25 that the professional has completed course work or training in accord- 26 ance with this section, provided, however that a professional subject to 27 the provisions of paragraph (f) of subdivision one of section twenty- 28 eight hundred five-k of the public health law shall not be required to 29 so document. The department shall provide an exemption from this 30 requirement to anyone who requests such an exemption and who (i) clearly 31 demonstrates to the department's satisfaction that there would be no 32 need for him or her to complete such course work or training because of 33 the nature of his or her practice or (ii) that he or she has completed 34 course work or training deemed by the department to be equivalent to the 35 course work or training approved by the department pursuant to this 36 section. The department shall consult with organizations representative 37 of professions, institutions and those with expertise in infection 38 control and HIV, HBV, HCV and infections that could lead to sepsis with 39 respect to the regulatory standards promulgated pursuant to this 40 section. 41 § 12. Paragraph (a) of subdivision 1 of section 413 of the social 42 services law, as amended by section 7 of part C of chapter 57 of the 43 laws of 2018, is amended to read as follows: 44 (a) The following persons and officials are required to report or 45 cause a report to be made in accordance with this title when they have 46 reasonable cause to suspect that a child coming before them in their 47 professional or official capacity is an abused or maltreated child, or 48 when they have reasonable cause to suspect that a child is an abused or 49 maltreated child where the parent, guardian, custodian or other person 50 legally responsible for such child comes before them in their profes- 51 sional or official capacity and states from personal knowledge facts, 52 conditions or circumstances which, if correct, would render the child an 53 abused or maltreated child: any physician; registered physician assist- 54 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 55 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 56 athletic trainer; psychologist; registered nurse; social worker; emer-S. 5127--A 10 1 gency medical technician; licensed creative arts therapist; licensed 2 marriage and family therapist; licensed mental health counselor; 3 licensed psychoanalyst; licensed behavior analyst; certified behavior 4 analyst assistant; hospital personnel engaged in the admission, examina- 5 tion, care or treatment of persons; a Christian Science practitioner; 6 school official, which includes but is not limited to school teacher, 7 school guidance counselor, school psychologist, school social worker, 8 school nurse, school administrator or other school personnel required to 9 hold a teaching or administrative license or certificate; full or part- 10 time compensated school employee required to hold a temporary coaching 11 license or professional coaching certificate; social services worker; 12 employee of a publicly-funded emergency shelter for families with chil- 13 dren; director of a children's overnight camp, summer day camp or trav- 14 eling summer day camp, as such camps are defined in section thirteen 15 hundred ninety-two of the public health law; day care center worker; 16 school-age child care worker; provider of family or group family day 17 care; employee or volunteer in a residential care facility for children 18 that is licensed, certified or operated by the office of children and 19 family services; or any other child care or foster care worker; mental 20 health professional; substance abuse counselor; alcoholism counselor; 21 all persons credentialed by the office of alcoholism and substance abuse 22 services; employees, who are expected to have regular and substantial 23 contact with children, of a health home or health home care management 24 agency contracting with a health home as designated by the department of 25 health and authorized under section three hundred sixty-five-l of this 26 chapter or such employees who provide home and community based services 27 under a demonstration program pursuant to section eleven hundred fifteen 28 of the federal social security act who are expected to have regular and 29 substantial contact with children; peace officer; police officer; 30 district attorney or assistant district attorney; investigator employed 31 in the office of a district attorney; or other law enforcement official. 32 § 13. This act shall take effect two years after it shall have become 33 a law, provided, however, that section 8356-a of the education law as 34 added by section seven of this act shall take effect five years after 35 this act shall have become a law. Effective immediately, the addition, 36 amendment and/or repeal of any rule or regulation necessary for the 37 implementation of this act on its effective date are authorized to be 38 made and completed on or before such date.
