Establishes within the department of mental hygiene a statewide central registry of persons terminated from employment for abuse, neglect or mistreatment of mentally ill or developmentally disabled persons.

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S2579-2013 Actions

• Jan 22, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S2579-2013 Memo

BILL NUMBER:S2579

TITLE OF BILL:
An act
to amend
the mental hygiene law, in relation to establishing a statewide central
registry of employees of mental health and developmental disability
facilities terminated from employment for abuse, neglect or mistreatment

PURPOSE:
This legislation will prevent recidivism in abuse of people with
developmental disabilities who reside at specialized facilities.
Employers will be able to search central registry before hiring an
employee to effectively research if the job applicant has been
convicted of abuse, neglect or mistreatment at previous places of
employment

SUMMARY OF PROVISIONS:

Section One - Amends the mental hygiene law by adding a new section
5.11 to create a Statewide central registry of employees terminated
for abuse, neglect or mistreatment.

Section One - Paragraph A directs the Commissioners of Mental Health
and Developmental Disabilities to establish and maintain a statewide
registry of persons who are or were subject to a criminal background
history check pursuant to law and who were terminated from employment
by any facility licensed, registered or certified by the office of
mental
health or the office for people with developmental disabilities on the
basis of abuse, neglect or mistreatment.

Section One - Paragraph B states each facility has 15 days to transmit
the requisite information to the registry.

Section Two - States this act shall take effect on the first January
next succeeding the date on which it shall have become law.

JUSTIFICATION:
The people in the State of New York who are most vulnerable to abuse,
are persons with mental handicaps, who often at times cannot protect
themselves. We must do everything to ensure that those in our society
who are most vulnerable, are protected. Since they cannot advocate for
themselves it is our job to ensure that they are protected to the
fullest possible extent.

By mandating that persons working with the special needs population,
be placed on a list if they are convicted of abuse we will ensure
that New York State's most vulnerable population will not be subject
to a constant cycle of abuse, which exists in today's system. Abusive
workers should not be passed from program to program allowing them to
continuously victimize those who cannot defend themselves.

LEGISLATIVE HISTORY:
5/3/11 Referred to Mental Health and Development Disabilities
1/4/12 Referred to Mental Health and Development Disabilities


FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect on the first January next succeeding the
date on which it shall have become law.

S2579-2013 Text

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

                                    2579

                         2013-2014 Regular Sessions

                              I N  SENATE

                              January 22, 2013
                                 ___________

  Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
    printed to be committed to the Committee on Mental Health and Develop-
    mental Disabilities

  AN ACT to amend the mental hygiene law, in relation  to  establishing  a
    statewide  central registry of employees of mental health and develop-
    mental disability facilities terminated  from  employment  for  abuse,
    neglect or mistreatment

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.  The mental hygiene law is amended by adding a new  section
  5.11 to read as follows:

  S 5.11 STATEWIDE  CENTRAL  REGISTRY  OF  EMPLOYEES TERMINATED FOR ABUSE,
           NEGLECT OR MISTREATMENT.
    (A) THE COMMISSIONERS OF MENTAL HEALTH AND DEVELOPMENTAL  DISABILITIES
  SHALL JOINTLY ESTABLISH AND MAINTAIN, WITHIN THE DEPARTMENT, A STATEWIDE
  CENTRAL REGISTRY OF PERSONS, WHO ARE OR WERE SUBJECT TO A CRIMINAL BACK-
  GROUND  HISTORY  CHECK  PURSUANT  TO  LAW,  AND WHO WERE TERMINATED FROM
  EMPLOYMENT BY ANY FACILITY LICENSED,  REGISTERED  OR  CERTIFIED  BY  THE
  OFFICE  OF  MENTAL  HEALTH  OR  THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
  DISABILITIES ON THE BASIS OF ABUSE, NEGLECT OR MISTREATMENT. THE  REGIS-
  TRY  SHALL  MAINTAIN  SUCH  INFORMATION  AS  THE COMMISSIONERS OF MENTAL
  HEALTH AND DEVELOPMENTAL DISABILITIES SHALL REQUIRE INCLUDING THE  NAME,
  ADDRESS,  DATE  OF BIRTH AND SOCIAL SECURITY NUMBER OF THE PERSON TERMI-
  NATED FROM EMPLOYMENT; THE NAME, ADDRESS AND  TELEPHONE  NUMBER  OF  THE
  TERMINATING  FACILITY;  THE  DATE  AND  REASONS FOR TERMINATION; AND THE
  TYPES AND DISPOSITIONS OF ALL PROCEEDINGS AGAINST SUCH PERSON RELATED TO
  THE TERMINATION OF EMPLOYMENT.
    (B) EACH FACILITY SHALL TRANSMIT  THE  REQUISITE  INFORMATION  TO  THE
  REGISTRY NOT LATER THAN THE FIFTEENTH CALENDAR DAY FOLLOWING TERMINATION
  OF EMPLOYMENT OF ANY PERSON FOR ABUSE, NEGLECT OR MISTREATMENT.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD07314-01-3

 S. 2579                             2

    (C)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EVERY
  FACILITY LICENSED, REGISTERED OR  CERTIFIED  BY  THE  OFFICE  OF  MENTAL
  HEALTH  OR  THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES SHALL
  HAVE ACCESS TO THE INFORMATION IN THE REGISTRY FOR THE PURPOSE OF MAKING
  INQUIRES RELATING TO PERSONS EMPLOYED OR APPLYING FOR EMPLOYMENT AT SUCH
  FACILITY.
    (D)  THE INFORMATION REQUIRED TO BE SUBMITTED PURSUANT TO THIS SECTION
  WHICH IS REQUIRED TO BE KEPT CONFIDENTIAL SHALL ONLY BE DISCLOSED PURSU-
  ANT TO THE PROVISIONS OF THIS SECTION.
    S 2. This act shall take effect on the first of January next  succeed-
  ing the date on which it shall have become a law.