Sponsor: Weisenberg

Co-sponsor(s): Rivera P  Millman  Sweeney  Mayersohn  Gunther  Maisel  Lancman  Schroeder  Meng  Christensen  Magnarelli  Perry 

Law Section: Mental Hygiene Law

A8972 Summary

Act: AN ACT to amend the mental hygiene law, in relation to required reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state

A8972 Actions

A8972 Memo

Not Available.

A8972 Text

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         8972

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                     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:

    1    Section  1.  The  mental  hygiene  law  is  amended  by adding two new
    2  sections 16.30 and 31.32 to read as follows:
    3  S 16.30 ABUSE HOTLINE.
    4    (A) THE COMMISSIONER SHALL BE CAPABLE  OF  RECEIVING  TELEPHONE  CALLS
    5  ALLEGING  PHYSICAL,  SEXUAL,  OR  EMOTIONAL ABUSE, OR ACTIVE, PASSIVE OR
    6  SELF NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS  ARTICLE.
    7  TO  EFFECTUATE  THIS PURPOSE THERE SHALL BE A SINGLE STATEWIDE TELEPHONE
    8  NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS.
    9    (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL
   10  BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER.
   11  UPON RECEIVING SUCH ALLEGATIONS,  THE  COMMISSIONER  SHALL  ADDRESS  THE
   12  MATTER  PURSUANT  TO SECTION 16.19 OF THIS ARTICLE. THE INABILITY OF THE
   13  PERSON REPORTING THE ABUSE TO IDENTIFY THE ALLEGED PERPETRATOR SHALL, IN
   14  NO CIRCUMSTANCE, CONSTITUTE THE SOLE CAUSE TO REJECT SUCH ALLEGATION  OR
   15  FAIL TO TRANSMIT SUCH ALLEGATION FOR INVESTIGATION.
   16    (C)  ANY  PERSON  WHO  IN  GOOD  FAITH MAKES A REPORT PURSUANT TO THIS
   17  SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR  CRIMINAL,  FOR
   18  HAVING MADE SUCH A REPORT.
   19  S 31.32 ABUSE HOTLINE.
   20    (A)  THE  COMMISSIONER  SHALL  BE CAPABLE OF RECEIVING TELEPHONE CALLS
   21  ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE,  OR ACTIVE,  PASSIVE,  OR
   22  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

    1  TO EFFECTUATE THIS PURPOSE THERE SHALL BE A SINGLE  STATEWIDE  TELEPHONE
    2  NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS.
    3    (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL
    4  BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER.
    5  UPON RECEIVING SUCH ALLEGATIONS, THE COMMISSIONER SHALL CAUSE THE MATTER
    6  TO BE ADDRESSED PURSUANT TO SECTIONS 7.21 AND 31.11 OF THIS CHAPTER. THE
    7  INABILITY  OF  THE  PERSON  REPORTING  THE ABUSE TO IDENTIFY THE ALLEGED
    8  PERPETRATOR SHALL, IN NO CIRCUMSTANCE,  CONSTITUTE  THE  SOLE  CAUSE  TO
    9  REJECT  SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION FOR INVESTI-
   10  GATION.
   11    (C) ANY PERSON WHO IN GOOD FAITH  MAKES  A  REPORT  PURSUANT  TO  THIS
   12  SECTION  SHALL  HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR CRIMINAL, FOR
   13  HAVING MADE SUCH A REPORT.
   14    S 2. This act shall take effect on the ninetieth day  after  it  shall
   15  have become a law.