Sponsor:
Weisenberg
Co-sponsor(s): Rivera P, Millman, Sweeney, Mayersohn, Gunther, Maisel, Lancman, Schroeder, Meng, Christensen, Magnarelli, Perry
Law Section: Mental Hygiene Law
Co-sponsor(s): Rivera P, Millman, Sweeney, Mayersohn, Gunther, Maisel, Lancman, Schroeder, Meng, Christensen, Magnarelli, Perry
Law Section: Mental Hygiene Law
A8972 Summary
Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state; creates a hotline for reporting of suspected abuse. Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state; creates a hotline for reporting of suspected abuse.A8972 Actions
A8972A - tabled - Aug 13, 2009A8972A - vetoed memo.44 - Aug 11, 2009
A8972A - delivered to governor - Jul 31, 2009
A8972A - 3RD READING CAL.895 - Jul 16, 2009
A8972A - PASSED SENATE - Jul 16, 2009
A8972A - RETURNED TO ASSEMBLY - Jul 16, 2009
A8972A - REFERRED TO RULES - Jun 22, 2009
A8972A - delivered to senate - Jun 22, 2009
A8972A - ordered to third reading rules cal.621 - Jun 22, 2009
A8972A - passed assembly - Jun 22, 2009
A8972A - reported - Jun 22, 2009
A8972A - reported referred to rules - Jun 22, 2009
A8972A - reported referred to ways and means - Jun 22, 2009
A8972A - rules report cal.621 - Jun 22, 2009
A8972A - amend and recommit to codes - Jun 19, 2009
A8972A - print number 8972a - Jun 19, 2009
A8972 - reported referred to codes - Jun 18, 2009
A8972A - amend and recommit to codes - Jun 18, 2009
A8972A - print number 8972a - Jun 18, 2009
A8972 - referred to mental health - Jun 17, 2009
A8972 Text
S T A T E O F N E W Y O R K8972
2009-2010 Regular Sessions I N ASSEMBLY June 17, 2009
Introduced by M. of A. WEISENBERG -- read once and referred to the Committee on Mental Health, Mental Retardation and Developmental Disa bilities
AN ACT to amend the mental hygiene law, in relation to required report ing of suspected abuse of adults in certain residential care facili ties licensed or operated by the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:
Section 1. The mental hygiene law is amended by adding two new sections 16.30 and 31.32 to read as follows:
S 16.30 ABUSE HOTLINE. (A) THE COMMISSIONER SHALL BE CAPABLE OF RECEIVING TELEPHONE CALLS ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE, OR ACTIVE, PASSIVE OR SELF NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS ARTICLE. TO EFFECTUATE THIS PURPOSE THERE SHALL BE A SINGLE STATEWIDE TELEPHONE NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS. (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER. UPON RECEIVING SUCH ALLEGATIONS, THE COMMISSIONER SHALL ADDRESS THE MATTER PURSUANT TO SECTION 16.19 OF THIS ARTICLE. THE INABILITY OF THE PERSON REPORTING THE ABUSE TO IDENTIFY THE ALLEGED PERPETRATOR SHALL, IN NO CIRCUMSTANCE, CONSTITUTE THE SOLE CAUSE TO REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION FOR INVESTIGATION. (C) ANY PERSON WHO IN GOOD FAITH MAKES A REPORT PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A REPORT.
S 31.32 ABUSE HOTLINE. (A) THE COMMISSIONER SHALL BE CAPABLE OF RECEIVING TELEPHONE CALLS ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE, OR ACTIVE, PASSIVE, OR SELF NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS ARTICLE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14053-03-9
A. 8972 2 TO EFFECTUATE THIS PURPOSE THERE SHALL BE A SINGLE STATEWIDE TELEPHONE NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS. (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER. UPON RECEIVING SUCH ALLEGATIONS, THE COMMISSIONER SHALL CAUSE THE MATTER TO BE ADDRESSED PURSUANT TO SECTIONS 7.21 AND 31.11 OF THIS CHAPTER. THE INABILITY OF THE PERSON REPORTING THE ABUSE TO IDENTIFY THE ALLEGED PERPETRATOR SHALL, IN NO CIRCUMSTANCE, CONSTITUTE THE SOLE CAUSE TO REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION FOR INVESTI GATION. (C) ANY PERSON WHO IN GOOD FAITH MAKES A REPORT PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A REPORT.
S 2. This act shall take effect on the ninetieth day after it shall have become a law.
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