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.
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.
STATE OF NEW YORK ________________________________________________________________________ 2324 2013-2014 Regular Sessions IN 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 isEXPLANATION--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.