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.
STATE OF NEW YORK ________________________________________________________________________ 1945 2011-2012 Regular Sessions IN ASSEMBLY January 12, 2011 ___________Introduced by M. of A. BRAUNSTEIN -- read once and referred to the Committee on Higher Education 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: Section 1. Paragraph a of subdivision 3 of section 6507 of the educa- tion law, as amended by chapter 356 of the laws of 2006, is amended to read as follows: a. Establish standards for preprofessional and professional education, experience and licensing examinations as required to implement the arti- cle for each profession. Notwithstanding any other provision of law, the commissioner shall establish standards requiring that all persons apply- ing, on or after January first, nineteen hundred ninety-one, initially, or for the renewal of, a license, registration or limited permit to be a physician, chiropractor, dentist, registered nurse, podiatrist, optome- trist, psychiatrist, psychologist, licensed master social worker, licensed clinical social worker, licensed creative arts therapist, licensed marriage and family therapist, licensed mental health counse- lor, licensed psychoanalyst, or dental hygienist shall, in addition to all the other licensure, certification or permit requirements, have completed
[two]THREE hours of coursework or training regarding the identification and reporting of child AND ELDER abuse and maltreatment. The coursework or training shall be obtained from an institution or provider which has been approved by the department to provide such coursework or training. [The]TWO HOURS OF THE coursework or training shall include information regarding the physical and behavioral indica- tors of child abuse and maltreatment and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limited to, when and how a report must be made, what other actions the reporter isEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04365-01-1 A. 1945 2
mandated or authorized to take, the legal protections afforded repor- ters, and the consequences for failing to report. ONE HOUR OF THE COURSEWORK OR TRAINING SHALL INCLUDE, BUT NOT BE LIMITED TO, INFORMATION REGARDING THE PHYSICAL AND BEHAVIORAL INDICATORS OF ELDER ABUSE AND MALTREATMENT, AND WHEN AND HOW A REPORT OF ELDER ABUSE AND MALTREATMENT MAY BE MADE, WHAT OTHER ACTIONS THE REPORTER IS MANDATED OR AUTHORIZED TO TAKE, THE LEGAL PROTECTIONS AFFORDED REPORTERS, AND THE CONSEQUENCES, IF ANY, FOR FAILING TO REPORT. FOR THE PURPOSES OF THIS PARAGRAPH, "ELDER ABUSE AND MALTREATMENT" MEANS PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL ABUSE, ACTIVE NEGLECT, PASSIVE NEGLECT OR SELF NEGLECT, AS SUCH TERMS ARE DEFINED BY SUBDIVISION SIX OF SECTION FOUR HUNDRED SEVEN- TY-THREE OF THE SOCIAL SERVICES LAW, COMMITTED AGAINST A PERSON SIXTY YEARS OF AGE OR OLDER. Such coursework or training may also include information regarding the physical and behavioral indicators of the abuse of individuals with mental retardation and other developmental disabilities and voluntary reporting of abused or neglected adults to the office of mental retardation and developmental disabilities or the local adult protective services unit. Each applicant shall provide the department with documentation showing that he or she has completed the required training. The department shall provide an exemption from the child AND ELDER abuse and maltreatment training requirements to any applicant who requests such an exemption and who shows, to the depart- ment's satisfaction, that there would be no need because of the nature of his or her practice for him or her to complete such training; S 2. This act shall take effect on the first of January of the second calendar year commencing after the date on which it shall have become a law.