Bill S3417-2011

Relates to the training of police officers and firefighters with respect to persons with disabilities and hearing-impaired people

Relates to the training of police officers and firefighters with respect to persons with disabilities and hearing-impaired people.

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  • Jan 4, 2012: REFERRED TO LOCAL GOVERNMENT
  • Feb 18, 2011: REFERRED TO LOCAL GOVERNMENT

Memo

BILL NUMBER:S3417

TITLE OF BILL: An act to amend the general municipal law and the public health law, in relation to the training of police officers and firefighters

PURPOSE: This bill amends the general municipal law and the public health law, in relation to the training of police officers, firefighters and emergency responders with respect to persons with disabilities; the training is designed to further educate first responders on the appropriate recognition and response techniques for handling emergency situations involving persons with disabilities.

SUMMARY OF PROVISIONS: Section 1. Amends the general municipal law by adding a new section 209-ff to require training for police officers and firefighters with respect to persons with disabilities.

Sub-section (1) (a). Provides that the Commissioner of the New York State Division of Criminal Justice Services in consultation with the Commissioner of the Office of Mental Retardation and developmental. Disabilities along with disability advocacy groups shall review the training course entitled "persons with Disabilities" under the "Basic Course" to make necessary modifications to include additional information on developmental disabilities and hearing impairments. Further, that the training course be administered by the Commission on Quality of Care and Advocacy for Persons with Disabilities, created under article forty-five of the mental hygiene law, as part of the in-service training provided to police officers.

Subsection (1) (b). Provides that every local police officer shall complete the above-mentioned training course and that every police officer appointed prior to the effective date of this law shall complete the course within thirty-six months.

Subsection (2) (a). Provides that the State Fire Administrator of the Office of Fire Prevention and Control in consultation with the Commissioner of the Office of Mental Retardation and developmental Disabilities along with disability advocacy groups shall adapt training programs in accordance with (1) (a) above within sixteen months.

Subsection (2) (b), Provides that all individuals engaged in fire suppression, fire fighting, or fire rescue shall complete training as part of their continuing education requirements at least every thirty six months.

Section 2. Amends the public health law by adding a new section 3054 in relation to the training of emergency responders with respect to persons with disabilities.

Subsection (1). Provides that the Director of the New York State Health Department Bureau of Emergency Medical Services in consultation with the Commissioner of the Office of Mental Retardation and Developmental Disabilities along with disability

advocacy groups shall adapt training programs in accordance with (1) (a) above within eighteen months.

Subsection (2). Requires training pursuant to 209-ff (1) (a) above prior to certification of every advanced emergency medical technician, emergency medical technician or first responder by the Health Department. Subsection (3). Requires training that is substantially similar to the training mandated under 209-ff (1) (a) above prior to recertification of every advanced emergency medical technician, emergency medical technician or first responder by the Health Department. This section also provides that no advanced emergency medical technician, emergency medical technician or first responder shall be exempt from this requirement for and reason, certification or test score.

Section 3. Sets forth the effective date.

JUSTIFICATION: Individuals with developmental disabilities comprise about 1.5% of the entire population of the United States and they rely on first responders (police, firefighters and emergency medical technicians) in emergency situations. In fact, an individual with a developmental disability is approximately seven times more likely to come into contact with a first responder. without proper training for first responders, the emergency needs of these individuals may not be properly served, and an emergency situation can escalate leading to an unnecessary fear, injury or even death. Standard protocols cannot always be used because of communication and comprehension barriers, differences in danger perception or sensitivity to pain and physical contact.

When emergency situations arise, it is essential that first responders have the appropriate skill set so that persons with developmental disabilities will receive proper assistance. Therefore, specialized training is necessary to ensure New York's first responders are capable of identifying individuals with developmental disabilities and communicating in an appropriate and effective manner in response to the particular emergency situation. This legislation will ensure New York's first responders receive that training by adding to existing training and re-certification requirements.

LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3417 2011-2012 Regular Sessions IN SENATE February 18, 2011 ___________
Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law and the public health law, in relation to the training of police officers and firefighters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general municipal law is amended by adding a new section 209-ff to read as follows: S 209-FF. TRAINING OF POLICE OFFICERS AND FIREFIGHTERS. 1. (A) THE COMMISSIONER OF THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES AND DISABILITY ADVOCACY GROUPS, SHALL REVIEW THE TRAINING COURSE ENTITLED "PERSONS WITH DISABIL- ITIES," PART FIVE SECTION E OF THE BASIC COURSE FOR POLICE OFFICERS AND MODIFY IT TO INCLUDE INSTRUCTION ON OTHER DEVELOPMENTAL DISABILITIES AS WELL. THE TRAINING SHOULD INCLUDE INSTRUCTION ON CEREBRAL PALSY, EPILEP- SY, EMOTIONAL DISTURBANCE, TRAUMATIC BRAIN INJURY, PERSONS WHO ARE HEAR- ING-IMPAIRED, AND ANY OTHER DISABILITY DEEMED NECESSARY BY THE COMMIS- SIONERS. THE TRAINING SHALL BE DESIGNED TO EDUCATE POLICE OFFICERS ON APPROPRIATE RECOGNITION AND RESPONSE TECHNIQUES FOR HANDLING EMERGENCY SITUATIONS INVOLVING INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES OR PEOPLE WHO ARE HEARING-IMPAIRED. THE CURRICULUM SHOULD ALSO INCLUDE INSTRUCTION ON APPROPRIATE INTERVIEW AND INTERROGATION TECHNIQUES. ADDI- TIONAL ATTENTION SHOULD BE PLACED UPON BEHAVIORS ASSOCIATED WITH INDI- VIDUALS WITH AUTISM AND OTHER NEUROLOGICAL AND BEHAVIORALLY BASED DISOR- DERS. THE TRAINING COURSE SHALL BE ADMINISTERED BY THE COMMISSION ON QUALITY OF CARE AND ADVOCACY FOR PERSONS WITH DISABILITIES CREATED UNDER ARTICLE FORTY-FIVE OF THE MENTAL HYGIENE LAW, AS PART OF THE IN-SERVICE TRAINING PROVIDED TO EACH LOCAL POLICE OFFICER IN EACH LAW ENFORCEMENT UNIT OPERATING IN THIS STATE. THIS REVIEW AND MODIFICATION SHALL BE IMPLEMENTED WITHIN TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION. (B) NOTWITHSTANDING ANY STATE OR LOCAL LAW, PRIOR TO BEING APPOINTED TO PERMANENT STATUS AS A LOCAL POLICE OFFICER IN A LAW ENFORCEMENT UNIT, AN INDIVIDUAL SHALL BE REQUIRED TO COMPLETE THE TRAINING COURSE ENTITLED
"PERSONS WITH DISABILITIES." EVERY LOCAL POLICE OFFICER APPOINTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL, WITHIN THIRTY-SIX MONTHS OF SUCH EFFECTIVE DATE, SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER PARAGRAPH (A) OF THIS SUBDIVISION. 2. (A) THE STATE FIRE ADMINISTRATOR OF THE OFFICE OF FIRE PREVENTION AND CONTROL, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES AND DISABILITY ADVOCA- CY GROUPS, SHALL ADAPT THE TRAINING DEVELOPED BY THE COMMISSIONER OF THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION TO BE UTILIZED FOR TRAINING FIRE- FIGHTERS. THE CURRICULUM SHALL BE INCORPORATED INTO EXISTING REQUIRE- MENTS FOR TRAINING, RE-CERTIFICATION AND CONTINUING EDUCATION OF FIRE- FIGHTERS, WITHIN SIXTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION. (B) NOTWITHSTANDING ANY STATE OR LOCAL LAW, ALL FIREFIGHTERS, VOLUN- TEER OR PAID, PERMANENT OR NON-PERMANENT, AND ALL INDIVIDUALS ENGAGED IN FIRE SUPPRESSION, FIREFIGHTING, OR FIRE RESCUE SHALL BE REQUIRED TO SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, AS PART OF EXISTING CONTINUING EDUCA- TION REQUIREMENTS, AT LEAST ONCE EVERY THIRTY-SIX MONTHS. S 2. The public health law is amended by adding a new section 3054 to read as follows: S 3054. TRAINING OF EMERGENCY RESPONDERS. 1. THE DIRECTOR OF THE NEW YORK STATE HEALTH DEPARTMENT BUREAU OF EMERGENCY MEDICAL SERVICES, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES AND DISABILITY ADVOCACY GROUPS, SHALL ADAPT THE TRAINING DEVELOPED BY THE COMMISSIONER OF THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINE-FF OF THE GENERAL MUNICIPAL LAW TO BE UTILIZED FOR TRAINING EMERGENCY RESPONDERS. THE CURRICULUM SHALL BE INCORPORATED INTO EXISTING REQUIREMENTS FOR TRAINING, RE-CERTI- FICATION AND CONTINUING EDUCATION OF EMERGENCY RESPONDERS, WITHIN EIGH- TEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION. 2. PRIOR TO CERTIFICATION BY THE NEW YORK STATE HEALTH DEPARTMENT BUREAU OF EMERGENCY MEDICAL SERVICES, EVERY ADVANCED EMERGENCY MEDICAL TECHNICIAN, EMERGENCY MEDICAL TECHNICIAN OR CERTIFIED FIRST RESPONDER, AS DEFINED IN SECTION THREE THOUSAND ONE OF THIS CHAPTER, SHALL BE REQUIRED TO SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER SUBDI- VISION ONE OF THIS SECTION. 3. PRIOR TO RE-CERTIFICATION BY THE NEW YORK STATE HEALTH DEPARTMENT BUREAU OF EMERGENCY MEDICAL SERVICES, EVERY ADVANCED EMERGENCY MEDICAL TECHNICIAN, EMERGENCY MEDICAL TECHNICIAN OR CERTIFIED FIRST RESPONDER, AS DEFINED IN SECTION THREE THOUSAND ONE OF THIS CHAPTER, SHALL BE REQUIRED TO SATISFACTORILY COMPLETE THE TRAINING DEVELOPED UNDER SUBDI- VISION ONE OF THIS SECTION. THE TRAINING SHALL BE COMPLETED AS PART OF A STATE APPROVED REFRESHER COURSE OR CONTINUING EDUCATION COURSE. THE TRAINING SHALL BE SUBSTANTIALLY SIMILAR, IN SUBSTANCE AND DURATION, TO THE TRAINING MANDATED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWO HUNDRED NINE-FF OF THE GENERAL MUNICIPAL LAW. NO ADVANCED EMERGENCY MEDICAL TECHNICIAN, EMERGENCY MEDICAL TECHNICIAN OR CERTIFIED FIRST RESPONDER, AS DEFINED IN SECTION THREE THOUSAND ONE OF THIS CHAPTER, SHALL BE EXEMPT FROM THIS REQUIREMENT FOR ANY REASON, CERTIFICATION OR TEST SCORE. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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