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.
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: New Bill.
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.
STATE OF NEW YORK ________________________________________________________________________ 5299 2011-2012 Regular Sessions IN SENATE May 3, 2011 ___________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. LBD11345-01-1 S. 5299 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.