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.

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S2324-2013 Actions

• Jan 16, 2013: REFERRED TO HIGHER EDUCATION

S2324-2013 Memo

BILL NUMBER:S2324

TITLE OF BILL:  An act to amend the education law, in relation to
health care practitioner professional education in the area of elderly
abuse

PURPOSE OR GENERAL IDEA OF BILL:  To establish standards for training
requirements for many health care practitioners that have a license
from the State Education Department regarding the identification of
elderly abuse. Those professions who are now required to obtain
continuing education for child abuse would need to receive some
information on elder abuse.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends Education Law section 6507(3) (a) to have the
Commissioner of Education to establish standards requiring that all
persons applying initially or for the renewal of a license or
registration to be a physician, chiropractor, dentist, registered
nurse, podiatrist, optometrist, psychiatrist, psychologist, or dental
hygienist complete one hour of course work or training regarding the
identification and reporting of elderly abuse and maltreatment. Under
current law, there is a 2 hour requirement to identify and report
child abuse. This bill increases the hours of instruction by one more
hour to be devoted to elder abuse issues.

Section 2: The effective date of the bill is the first of January two
years after this bill becomes law to give the Department of Education
sufficient time to develop instructional material on elder abuse, and
to give such professionals sufficient lead time to complete the
additional hour of instruction.

JUSTIFICATION:  As the average age of our population gets older and
many more of our senior citizens attain ages well past the life
expectancy of earlier generations, our seniors are facing a higher
risk of becoming victims of abuse and maltreatment. For many of these
individuals, they have diminished capacity which makes them more
vulnerable to abuse and maltreatment. To protect our elderly, early
discovery and addressing the issue of elderly abuse is essential in
order to minimize elder abuse.

The provisions in this bill would help to ensure that abused or
maltreated elderly persons are identified at the earliest possible
stages of abuse or maltreatment by health care practitioners who treat
such persons. Once identified, such alleged incidents of abuse can be
brought to the attention of the state and local authorities
responsible for making sure that elderly persons obtain needed
treatment and services.

PRIOR LEGISLATIVE HISTORY:  2006-S.6974- REFERRED TO HIGHER EDUCATION
2008-S.2267- REFERRED TO HIGHER EDUCATION 2010- S.1851- CALENDAR THIRD
READING - A.7233-A Higher Education 2012- S.1039- REFERRED TO HIGHER
EDUCATION

EFFECTIVE DATE:  This act shall take effect on January 1, two years
after this act becomes law.

S2324-2013 Text

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

                                    2324

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 16, 2013
                                 ___________

  Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
    printed to be committed 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 is

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04261-01-3

 S. 2324                             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.