Requires hospitals to establish policies and procedures regarding domestic violence; establishes ongoing training programs on domestic violence for all current and new hospital employees; designates a hospital staff member to coordinate services to victims; provides for the interaction of hospitals with community domestic violence service providers in order to coordinate services to victims of domestic violence; requires hospitals to offer to contact a local advocate when admitting or treating a confirmed or suspected victim of domestic violence.
TITLE OF BILL: An act to amend the public health law, in relation to hospital domestic violence policies and procedures
PURPOSE: This bill requires hospitals to establish policies and procedures regarding domestic violence
SUMMARY OF PROVISIONS: Section one adds a new section 2805-u to the Public Health Law to 1) require hospitals to establish policies and procedures regarding domestic violence; 2) establish ongoing training programs on domestic violence for all current and new employees; 3) designate a staff member to coordinate services to victims; and 4) contact community domestic violence service providers to Coordinate services to victims. In addition, hospitals are required to offer to contact a local advocate when admitting or treating confirmed or suspected domestic violence cases.
JUSTIFICATION: The Senate Democratic Task Force on Women's Issues held public hearings across the State on the health implications of domestic violence. Many witnesses at these hearings, including survivors, advocates and health care professionals, testified regarding the need for hospitals to establish and implement policies and procedures for the identification, treatment and referral of victims of domestic violence. By requiring hospitals to implement formal procedures and training programs, including coordination with community service providers, this legislation will help improve the health care system's response to the battered women it serves.
LEGISLATIVE HISTORY: 03/16/09 REFERRED TO HEALTH 01/06/10 REFERRED TO HEALTH
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect January 1, 2013. Effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of the foregoing section of this act on its effective date is authorized and directed to be made and completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 1850--A 2011-2012 Regular Sessions IN SENATE January 13, 2011 ___________Introduced by Sens. OPPENHEIMER, DIAZ, KRUEGER, SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to hospital domestic violence policies and procedures THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2805-u to read as follows: S 2805-U. HOSPITAL DOMESTIC VIOLENCE POLICIES AND PROCEDURES. 1. EVERY GENERAL HOSPITAL SHALL: (A) DEVELOP, MAINTAIN AND DISSEMINATE WRITTEN POLICIES AND PROCEDURES FOR THE IDENTIFICATION, ASSESSMENT, TREATMENT AND REFERRAL OF CONFIRMED OR SUSPECTED CASES OF DOMESTIC VIOLENCE; (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS, A TRAINING PROGRAM FOR ALL CURRENT AND NEW EMPLOYEES REGARDING THE POLICIES AND PROCEDURES ESTABLISHED PURSUANT TO THIS SECTION; (C) DESIGNATE A STAFF MEMBER TO COORDINATE SERVICES TO VICTIMS OF DOMESTIC VIOLENCE; AND (D) CONTACT THE DOMESTIC VIOLENCE OR VICTIM ASSISTANCE ORGANIZATION PROVID- ING VICTIM ASSISTANCE TO THE GEOGRAPHIC AREA SERVED BY SUCH HOSPITAL TO ESTABLISH THE COORDINATION OF SERVICES TO DOMESTIC VIOLENCE VICTIMS. 2. UPON ADMITTANCE OR COMMENCEMENT OF TREATMENT OF A CONFIRMED OR SUSPECTED DOMESTIC VIOLENCE VICTIM, SUCH HOSPITAL SHALL ADVISE THE VICTIM OF THE AVAILABILITY OF THE SERVICES OF A BATTERED WOMEN'S OR VICTIM ASSISTANCE ORGANIZATION. IF AFTER RECEIVING SUCH ADVICE THE DOMESTIC VIOLENCE VICTIM WISHES THE PRESENCE OF A DOMESTIC VIOLENCE OR VICTIM ASSISTANCE ADVOCATE, SUCH HOSPITAL SHALL CONTACT THE APPROPRIATE ORGANIZATION AND REQUEST THAT ONE BE PROVIDED. 3. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY THE PROVISIONS OF THISEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06215-03-2 S. 1850--A 2
SECTION. PRIOR TO PROMULGATING SUCH RULES AND REGULATIONS, THE COMMIS- SIONER SHALL CONSULT WITH THE OFFICE FOR THE PREVENTION OF DOMESTIC VIOLENCE AND OTHER SUCH PERSONS AS THE COMMISSIONER DEEMS NECESSARY. S 2. This act shall take effect January 1, 2013. Effective immediate- ly, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of the foregoing section of this act on its effective date is authorized and directed to be made and completed on or before such effective date.