S T A T E O F N E W Y O R K
________________________________________________________________________
9810
I N A S S E M B L Y
May 23, 2014
___________
Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Children and Families
AN ACT to amend the education law and the social services law, in
relation to coursework or training regarding the identification and
reporting of child abuse and maltreatment
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, AND EVERY
THREE YEARS THEREAFTER, have completed two hours of coursework or train-
ing regarding the identification and reporting of child 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 coursework or training shall
include information regarding the physical and behavioral indicators 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 is mandated or
authorized to take, the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14825-01-4
A. 9810 2
include information regarding the physical and behavioral indicators of
the abuse of individuals with [mental retardation and other] develop-
mental disabilities and voluntary reporting of abused or neglected
adults to the office [of mental retardation and] FOR PEOPLE WITH devel-
opmental 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 abuse and maltreatment training
requirements to any applicant who requests such an exemption and who
shows, to the department'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. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 554 of the laws of 2013, 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, dental hygienist, licensed behavior
analyst, or certified behavior analyst assistant shall, in addition to
all the other licensure, certification or permit requirements, AND EVERY
THREE YEARS THEREAFTER, have completed two hours of coursework or train-
ing regarding the identification and reporting of child 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 coursework or training shall
include information regarding the physical and behavioral indicators 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 is mandated or
authorized to take, the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include information regarding the physical and behavioral indicators of
the abuse of individuals with [mental retardation and other] develop-
mental disabilities and voluntary reporting of abused or neglected
adults to the office [of mental retardation and] FOR PEOPLE WITH devel-
opmental 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 abuse and maltreatment training
requirements to any applicant who requests such an exemption and who
shows, to the department'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 3. Subdivision 4 of section 3003 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
4. Notwithstanding any other provision of law, the commissioner shall
require that any person applying, on or after January first, nineteen
A. 9810 3
hundred ninety-one, for a superintendent's certificate shall, in addi-
tion to all the other requirements, AND EVERY THREE YEARS THEREAFTER,
have completed two hours of coursework or training regarding the iden-
tification and reporting of child 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 coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred thir-
teen 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 is mandated or authorized to take, the legal
protections afforded reporters, and the consequences for failing to
report. Each applicant shall provide the department with documentation
showing that he or she has completed the required training.
S 4. Subdivision 2 of section 3004 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
2. Notwithstanding any other provision of law, the commissioner shall
prescribe regulations requiring that all persons applying, on or after
January first, nineteen hundred ninety-one, for a certificate or license
to be a teacher shall, in addition to all the other certification or
licensure requirements, AND EVERY THREE YEARS THEREAFTER, have completed
two hours of coursework or training regarding the identification and
reporting of child 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
coursework or training shall include information regarding the physical
and behavioral indicators of child abuse and maltreatment and the statu-
tory 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 is mandated or authorized to take, the legal protections
afforded reporters, and the consequences for failing to report. Each
applicant shall provide the department with documentation showing that
he or she has completed the required training.
S 5. The closing paragraph of section 3007 of the education law, as
amended by chapter 544 of the laws of 1988, is amended to read as
follows:
Such endorsement confers on the holder of such diploma or certificate
the privileges conferred by law on the holder of the diploma of a state
teachers college or state college for teachers or state certificate
issued in this state. Notwithstanding any other provision of law, the
commissioner shall require that any person seeking endorsement of a
foreign certificate or diploma, on or after January first, nineteen
hundred ninety-one, AND EVERY THREE YEARS THEREAFTER, shall have
completed two hours of coursework or training regarding the identifica-
tion and reporting of child 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 course work or training.
The coursework or training shall include information regarding the phys-
ical and behavioral indicators of child abuse and maltreatment and the
statutory reporting requirements set out in sections four hundred thir-
teen 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 is mandated or authorized to take, the legal
protections afforded reporters, and the consequences for failing to
A. 9810 4
report. Each applicant shall provide the department with documentation
showing that he or she has completed the required training.
S 6. Section 413 of the social services law is amended by adding a new
subdivision 1-a to read as follows:
1-A. (A) EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD ABUSE OR
MALTREATMENT, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL, PRIOR
TO ASSUMING THE POSITION WHICH REQUIRES SUCH REPORTING, AND EVERY THREE
YEARS THEREAFTER, COMPLETE TWO HOURS OF COURSEWORK OR TRAINING REGARDING
THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREATMENT;
PROVIDED THAT EVERY PERSON AND OFFICIAL HOLDING SUCH A POSITION ON OR
BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION, AND EVERY THREE YEARS
THEREAFTER SHALL, COMPLETE SUCH COURSEWORK OR TRAINING WITHIN ONE YEAR
OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
(B) EXCEPT AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE COURSE-
WORK AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SUBDIVI-
SION. SUCH COURSEWORK AND TRAINING SHALL BE DEVELOPED SO THAT IT CAN BE
OFFERED THROUGH VARIOUS MEANS, INCLUDING BUT NOT LIMITED TO, INTERNET
BASED COURSES AND TELECONFERENCES.
S 7. This act shall take effect one year after it shall have become a
law; provided, however, that if chapter 554 of the laws of 2013 shall
not have taken effect on or before such date then section two of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2013 takes effect.