Establishes the mandatory reporting by certain professional or official persons who come into contact with mentally or physically incapacitated persons who were abused including residents of assisted living and adult care facilities who may be abused, mistreated or neglected; provides reporting procedures and grants immunity for such reporting; provides criminal and civil penalties.

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S5451-2011 Actions

• Jun 13, 2012: PRINT NUMBER 5451A
• Jun 13, 2012: AMEND AND RECOMMIT TO FINANCE
• May 30, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 4, 2012: REFERRED TO AGING
• May 24, 2011: REFERRED TO AGING

S5451-2011 Meetings

Aging: May 30, 2012

S5451-2011 Votes

S5451-2011 Memo

BILL NUMBER:S5451

TITLE OF BILL:
An act
to amend the social services law, in relation to
mandatory reporting of abuse of mentally or
physically incapacitated persons

PURPOSE:
This bill establishes mandatory reporting requirements for mentally or
physically incapacitated persons.

Elder abuse is a crime that often goes unnoticed and therefore
unpunished. This bill affords the same protections to mentally or
physically incapacitated adults that the law currently affords minors
in the state of New York concerning mandatory reporting requirements.

SUMMARY OF PROVISIONS:
Section 1: The social services law is amended adding a new article 9-C.

�473-m: sets the legislative findings and purpose.

�473-n: defines the following terms 1) "abuse" means the willful
infliction of injury, unreasonable confinement, verbal or mental
intimidation or punishment resulting in physical harm, pain, mental
anguish or financial exploitation. 2) "person" means an individual,
over 18 years old, who is mentally or physically incapacitated to
such a degree as to be unable to defend himself or herself physically
or who is mentally unable to independently care for himself or herself.

�473-o: mandatory reporting. 1) sets out a list of individuals who are
required to report if they have reasonable cause to suspect that a
person coming before them in their professional or official capacity
is abuse or maltreated. Requires that these individual report such
abuse to the person in charge of their agency or office. 2) employers
of individuals required to report abuse under subsection I must
supply their employees with written materials describing the
reporting procedure. The employers are responsible for the costs
associated with printing and distributing written information. 3) any
agency issuing a license, certificate or permit to an individual to
operate an adult day care center or nursing home shall provide these
individuals with written information explaining the reporting
requirements.

�473-p: Any person permitted to report. In addition to those
individuals required to report abuse, any person may make such report
if they have reasonable cause to suspect that a person is abused or
maltreated.

�473-q: Reporting Procedure. Reports shall be made immediately by
phone or facsimile on a form supplied by the commissioner to be
succeed by a written report within two days: 1) if the suspected
abuse occurred in a long term health care facility other than a state
mental health hospital or a state developmental center, the report
shall be made to the Office of Children and Family Services. 2) if
the suspected abuse occurred in a state mental health hospital or a


state developmental center, the written report shall be made either
to the commission on the quality of care of the mentally disabled or
to the quality assurance division of the office of mental retardation
and developmental disabilities. 3) if the suspected abuse is believed
to have occurred in any place other than one described in subdivision
one or two of this section the written report shall be made to the
county office of adult protective services and local law enforcement.

�473-r: Obligations of persons required to report. Allows photographs
and/or x-rays to be taken at public expense at the direction of
persons and officials required to report instances of suspected
abuse. Also, requires that such person or official immediately notify
the person in charge of such institution, facility or agency.
Finally, the photographs or x-rays must be sent with the written
report or as soon as possible to the agency or local law enforcement
with which the written report is filed.

�473-s: Immunity from liability for reporting. Any person who in good
faith makes a report pursuant to this section shall have immunity
from any liability, civil or criminal, for having made such a report.
For the purpose of any proceeding, civil or criminal, the good faith
of any person required to report instances of physical abuse,
mistreatment, or neglect shall be presumed.

�473-t: Penalties for failure to report. 1) if a person who is
required to report abuse under this article willfully fails to do so
shall be guilty of a class "A" misdemeanor. 2) any person who
knowingly and willfully fails to report abuse and is required to do
so under this article shall be civilly liable for the damages
proximately caused by such failure.

�473-u: Education of mandatory reporters. The department of children
and family services shall in conjunction with the office for the
aging and local protective adult services offices, conduct an
education program for local social service's office staff, persons
and officials required to report under this article and any other
appropriate persons to encourage the fullest degree of reporting
adult abuse or maltreatment. Such program shall be developed and
implemented in coordination with that established under section two
hundred nineteen of the elder law.
The program shall include but not be limited to responsibilities,
obligations, and powers under this article and chapter as well as
diagnosis of abuse and maltreatment of adults and the procedures of
adult protective services.

Section 2: delineates the effective date.

JUSTIFICATION:
Studies have found the problem of abuse continues to escalate in our
society. Abuse of the mentally or physically incapacitated often goes
unreported because of the inability of the victim to communicate the
abuse to the proper authorities or the victim's unwillingness to
disclose the abuse due to embarrassment, fear or shame.

This bill would institute a system which would make the individuals
treating or coming into contact with persons who have physical or
emotional symptoms of abuse responsible for reporting this crime to


the proper authorities so that the incapacitated person can receive
needed protection from further abuse.

LEGISLATIVE HISTORY:
2007 - Passed Senate
2008 - Children and Families
2009 - REFERRED TO SOCIAL SERVICES, CHILDREN AND FAMILIES
2010 - COMMITTEE DISCHARGED AND COMMITTED TO HEALTH

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect the first day of November next succeeding
the date on which it shall have become law, with provisions.

S5451-2011 Text

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

                                    5451

                         2011-2012 Regular Sessions

                              I N  SENATE

                                May 24, 2011
                                 ___________

  Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
    printed to be committed to the Committee on Aging

  AN ACT to amend the  social  services  law,  in  relation  to  mandatory
    reporting of abuse of mentally or physically incapacitated persons

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


    Section 1. The social services law is amended by adding a new  article
  9-C to read as follows:


                                 ARTICLE 9-C
                       MANDATORY REPORTING OF ABUSE OF
                MENTALLY OR PHYSICALLY INCAPACITATED PERSONS
  SECTION 473-M. LEGISLATIVE FINDINGS AND PURPOSE.
          473-N. DEFINITIONS.
          473-O. MANDATORY REPORTING.
          473-P. ANY PERSON PERMITTED TO REPORT.
          473-Q. REPORTING PROCEDURE.
          473-R. OBLIGATIONS OF PERSONS REQUIRED TO REPORT.
          473-S. IMMUNITY FROM LIABILITY FOR REPORTING.
          473-T. PENALTIES FOR FAILURE TO REPORT.
          473-U. EDUCATION OF MANDATORY REPORTERS.
    S 473-M. LEGISLATIVE  FINDINGS  AND  PURPOSE.  THE  LEGISLATURE HEREBY
  FINDS THAT THE PROBLEM OF ABUSE OF MENTALLY OR PHYSICALLY  INCAPACITATED
  PERSONS  IS  CONTINUING TO INCREASE IN SOCIETY TODAY. THIS TYPE OF ABUSE
  OFTEN GOES UNREPORTED BECAUSE OF THE INABILITY OF THE VICTIM TO COMMUNI-
  CATE THE ABUSE TO THE PROPER AUTHORITIES OR THE  VICTIM'S  UNWILLINGNESS
  TO  DISCLOSE  THE ABUSE DUE TO EMBARRASSMENT, FEAR OR SHAME.  THEREFORE,
  IT IS NECESSARY TO INSTITUTE A SYSTEM WHICH WOULD MAKE  THE  INDIVIDUALS
  TREATING  OR  COMING  INTO  CONTACT  WITH  PERSONS  WHO HAVE PHYSICAL OR
  EMOTIONAL SYMPTOMS OF ABUSE RESPONSIBLE FOR REPORTING THIS CRIME TO  THE

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04005-01-1

 S. 5451                             2

  PROPER  AUTHORITIES  SO  THAT  THE VICTIMS CAN RECEIVE PROPER PROTECTION
  FROM FURTHER ABUSE.
    S 473-N. DEFINITIONS.  AS  USED  IN  THIS ARTICLE, THE FOLLOWING TERMS
  SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT OTHERWISE REQUIRES:

    1. "ABUSE"  MEANS  THE  WILLFUL  INFLICTION  OF  INJURY,  UNREASONABLE
  CONFINEMENT,  VERBAL  OR MENTAL INTIMIDATION, OR PUNISHMENT RESULTING IN
  PHYSICAL HARM, PAIN, MENTAL ANGUISH OR FINANCIAL EXPLOITATION.
    2. "PERSON" MEANS AN INDIVIDUAL  OVER  THE  AGE  OF  EIGHTEEN  WHO  IS
  MENTALLY OR PHYSICALLY INCAPACITATED TO SUCH A DEGREE AS TO BE UNABLE TO
  DEFEND  HIMSELF OR HERSELF PHYSICALLY OR WHO IS MENTALLY UNABLE TO INDE-
  PENDENTLY CARE FOR HIMSELF OR HERSELF.
    S 473-O. MANDATORY REPORTING. 1. THE FOLLOWING PERSONS  AND  OFFICIALS
  ARE  REQUIRED  TO REPORT OR CAUSE A REPORT TO BE MADE IN ACCORDANCE WITH
  THIS ARTICLE WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT  THAT  A  PERSON
  COMING  BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY IS ABUSED
  OR MALTREATED, OR WHEN THEY HAVE REASONABLE  CAUSE  TO  SUSPECT  THAT  A
  PERSON  IS  ABUSED OR MALTREATED WHERE THE RELATIVE, GUARDIAN, CUSTODIAN
  OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH PERSON COMES BEFORE THEM IN
  THEIR PROFESSIONAL OR OFFICIAL CAPACITY AND STATES FROM  PERSONAL  KNOW-
  LEDGE FACTS, CONDITIONS OR CIRCUMSTANCES WHICH, IF CORRECT, WOULD RENDER
  SUCH  PERSON  AN  ABUSED OR MALTREATED INDIVIDUAL: ANY PHYSICIAN; REGIS-
  TERED PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; CORONER;  DENTIST;
  DENTAL  HYGIENIST;  OSTEOPATH;  OPTOMETRIST;  CHIROPRACTOR;  PODIATRIST;
  RESIDENT; INTERN; PSYCHOLOGIST;  REGISTERED  NURSE;  HOSPITAL  PERSONNEL
  ENGAGED  IN  THE  ADMISSION,  EXAMINATION, CARE OR TREATMENT OF PERSONS;
  CERTIFIED EMERGENCY MEDICAL TECHNICIAN; HOME HEALTH CARE PROVIDER; PHYS-
  ICAL THERAPIST; SPEECH  THERAPIST;  OR  OCCUPATIONAL  THERAPIST;  SOCIAL
  SERVICES  WORKER; AN ADULT DAY CARE CENTER WORKER; PROVIDER OF ADULT DAY
  CARE; EMPLOYEE OR VOLUNTEER IN A NURSING HOME AS DEFINED IN  SUBDIVISION
  ONE  OF  SECTION TWENTY-EIGHT HUNDRED NINETY-FIVE-A OF THE PUBLIC HEALTH
  LAW, PEACE OFFICER;  POLICE  OFFICER;  DISTRICT  ATTORNEY  OR  ASSISTANT
  DISTRICT  ATTORNEY;  INVESTIGATOR  EMPLOYED  IN THE OFFICE OF A DISTRICT
  ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL.  WHENEVER  SUCH  PERSON  IS
  REQUIRED TO REPORT UNDER THIS ARTICLE IN HIS OR HER CAPACITY AS A MEMBER
  OF THE STAFF OF A MEDICAL OR OTHER PUBLIC OR PRIVATE INSTITUTION, FACIL-
  ITY  OR  AGENCY, HE OR SHE SHALL IMMEDIATELY NOTIFY THE PERSON IN CHARGE
  OF SUCH INSTITUTION, FACILITY OR AGENCY, OR HIS OR HER DESIGNATED AGENT,
  WHO THEN ALSO SHALL BECOME RESPONSIBLE TO REPORT OR CAUSE REPORTS TO  BE
  MADE. HOWEVER, NOTHING IN THIS SECTION OR ARTICLE IS INTENDED TO REQUIRE
  MORE THAN ONE REPORT FROM ANY SUCH INSTITUTION OR AGENCY.
    2.  ANY  PERSON, INSTITUTION, FACILITY, AGENCY, ORGANIZATION, PARTNER-
  SHIP OR CORPORATION WHICH EMPLOYS PERSONS MANDATED TO  REPORT  SUSPECTED
  INCIDENTS  OF  ABUSE OR MALTREATMENT PURSUANT TO SUBDIVISION ONE OF THIS
  SECTION SHALL PROVIDE ALL SUCH CURRENT AND NEW  EMPLOYEES  WITH  WRITTEN
  INFORMATION  EXPLAINING THE REPORTING REQUIREMENTS AS PROVIDED IN SUBDI-
  VISION ONE OF THIS SECTION AND IN SECTION FOUR  HUNDRED  SEVENTY-THREE-Q
  OF  THIS ARTICLE. THE EMPLOYERS SHALL BE RESPONSIBLE FOR THE COSTS ASSO-
  CIATED WITH PRINTING AND DISTRIBUTING WRITTEN INFORMATION.
    3. ANY STATE OR LOCAL GOVERNMENTAL AGENCY OR AUTHORIZED  AGENCY  WHICH
  ISSUES  A  LICENSE, CERTIFICATE OR PERMIT TO AN INDIVIDUAL TO OPERATE AN
  ADULT DAY CARE CENTER OR NURSING HOME SHALL PROVIDE EACH PERSON CURRENT-
  LY HOLDING OR SEEKING SUCH A LICENSE, CERTIFICATE OR PERMIT WITH WRITTEN
  INFORMATION EXPLAINING THE REPORTING REQUIREMENTS AS PROVIDED IN  SUBDI-
  VISION  ONE  OF THIS SECTION AND IN SECTION FOUR HUNDRED SEVENTY-THREE-Q
  OF THIS ARTICLE.

 S. 5451                             3

    S 473-P. ANY PERSON PERMITTED TO REPORT.  IN ADDITION TO THOSE PERSONS
  AND OFFICIALS REQUIRED TO REPORT  SUSPECTED  ABUSE  OR  MALTREATMENT  OF
  MENTALLY OR PHYSICALLY INCAPACITATED PERSONS, ANY PERSON MAY MAKE SUCH A
  REPORT  IF  SUCH PERSON HAS REASONABLE CAUSE TO SUSPECT THAT A PERSON IS
  ABUSED OR MALTREATED.
    S 473-Q. REPORTING  PROCEDURE. REPORTS OF SUSPECTED ABUSE OR MALTREAT-
  MENT OF MENTALLY OR PHYSICALLY INCAPACITATED PERSONS  MADE  PURSUANT  TO
  THIS  ARTICLE  SHALL  BE  MADE  IMMEDIATELY BY TELEPHONE OR BY TELEPHONE
  FACSIMILE MACHINE ON A FORM SUPPLIED BY THE COMMISSIONER OF CHILDREN AND
  FAMILY SERVICES, TO  BE  SUCCEEDED  BY  A  WRITTEN  REPORT  WHICH  SHALL
  INCLUDE,  THE  NAME AND AGE OF THE ABUSED ADULT; THE NAME AND ADDRESS OF
  THE FACILITY WHERE THE ABUSED ADULT RESIDES OR IS  RECEIVING  CARE;  THE
  NAMES  AND  ADDRESSES  OF FAMILY MEMBERS OR ANY OTHER PERSON RESPONSIBLE
  FOR THE CARE OF THE ABUSED ADULT; THE NATURE AND EXTENT  OF  THE  ABUSED
  ADULT'S  INJURIES, INCLUDING ANY EVIDENCE OF PRIOR INJURIES; THE NAME OF
  THE PERSON OR PERSONS ALLEGED TO BE RESPONSIBLE FOR  CAUSING  THE  INJU-
  RIES, ABUSE OR MALTREATMENT, IF KNOWN; THE NAME OF THE PERSON MAKING THE
  REPORT AND WHERE HE OR SHE MAY BE REACHED; THE DATE OF THE INCIDENT; THE
  ACTIONS  TAKEN  BY  THE REPORTING SOURCE, INCLUDING THE TAKING OF X-RAYS
  AND PHOTOGRAPHS; AND ANY OTHER INFORMATION  WHICH  THE  COMMISSIONER  OF
  CHILDREN  AND  FAMILY SERVICES MAY, BY REGULATION, REQUIRE OR THE PERSON
  MAKING THE REPORT BELIEVES MIGHT  BE  HELPFUL,  IN  FURTHERANCE  OF  THE
  PURPOSES  OF  THIS  ARTICLE.   WRITTEN REPORTS FROM PERSONS OR OFFICIALS
  REQUIRED BY THIS ARTICLE TO REPORT SHALL BE ADMISSIBLE  IN  EVIDENCE  IN
  ANY  PROCEEDINGS  RELATING TO ADULT ABUSE OR MALTREATMENT. THESE REPORTS
  SHALL BE MADE WITHIN  TWO  BUSINESS  DAYS  AFTER  THE  ORAL  REPORT,  AS
  FOLLOWS:

    1.  IF THE SUSPECTED ABUSE IS BELIEVED TO HAVE OCCURRED IN A LONG-TERM
  CARE FACILITY OTHER THAN A STATE  MENTAL  HEALTH  HOSPITAL  OR  A  STATE
  DEVELOPMENTAL  CENTER, THE WRITTEN REPORT SHALL BE MADE TO THE OFFICE OF
  CHILDREN AND FAMILY SERVICES.
    2. IF THE SUSPECTED ABUSE IS BELIEVED TO  HAVE  OCCURRED  IN  A  STATE
  MENTAL  HEALTH  HOSPITAL  OR  A  STATE DEVELOPMENTAL CENTER, THE WRITTEN
  REPORT SHALL BE MADE EITHER TO THE COMMISSION ON THE QUALITY OF CARE FOR
  THE MENTALLY DISABLED OR TO THE QUALITY ASSURANCE DIVISION OF THE OFFICE
  OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.
    3. IF THE SUSPECTED ABUSE IS BELIEVED TO HAVE OCCURRED  IN  ANY  PLACE
  OTHER  THAN ONE DESCRIBED IN SUBDIVISION ONE OR TWO OF THIS SECTION, THE
  WRITTEN REPORT SHALL BE MADE TO THE  COUNTY  PROTECTIVE  ADULT  SERVICES
  OFFICE  IN THE COUNTY WHERE THE PERSON RESIDES AND TO LOCAL LAW ENFORCE-
  MENT.
    S 473-R. OBLIGATIONS OF PERSONS REQUIRED  TO  REPORT.  ANY  PERSON  OR
  OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED ABUSE AND MALTREATMENT OF
  MENTALLY  OR  PHYSICALLY  INCAPACITATED  PERSONS MAY TAKE OR CAUSE TO BE
  TAKEN AT PUBLIC EXPENSE PHOTOGRAPHS OF THE AREAS OF  TRAUMA  VISIBLE  ON
  THE PERSON WHO IS THE SUBJECT OF THE REPORT AND, IF MEDICALLY INDICATED,
  CAUSE  TO  BE  PERFORMED  A RADIOLOGICAL EXAMINATION ON SUCH PERSON. ANY
  PHOTOGRAPHS OR X-RAYS TAKEN SHALL BE SENT  TO  THE  BUREAU,  COMMISSION,
  DIVISION OR LOCAL LAW ENFORCEMENT WITH WHICH THE WRITTEN REPORT IS FILED
  AT  THE  TIME THE WRITTEN REPORT IS SENT OR AS SOON THEREAFTER AS POSSI-
  BLE. WHENEVER SUCH PERSON IS REQUIRED TO REPORT UNDER  THIS  ARTICLE  IN
  HIS  OR  HER  CAPACITY  AS  A  MEMBER OF THE STAFF OF A MEDICAL OR OTHER
  PUBLIC OR PRIVATE INSTITUTION, FACILITY OR AGENCY, HE OR SHE SHALL IMME-
  DIATELY NOTIFY THE PERSON IN CHARGE OF  SUCH  INSTITUTION,  FACILITY  OR
  AGENCY,  OR HIS OR HER DESIGNATED AGENT, WHO SHALL THEN TAKE OR CAUSE TO
  BE TAKEN AT PUBLIC EXPENSE  COLOR  PHOTOGRAPHS  OF  VISIBLE  TRAUMA  AND

 S. 5451                             4

  SHALL,  IF  MEDICALLY  INDICATED,  CAUSE  TO BE PERFORMED A RADIOLOGICAL
  EXAMINATION OF SUCH PERSON.
    S 473-S. IMMUNITY FROM LIABILITY FOR REPORTING. ANY PERSON WHO IN GOOD
  FAITH  MAKES  A REPORT PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM
  ANY LIABILITY, CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A  REPORT.    FOR
  THE  PURPOSE OF ANY PROCEEDING, CIVIL OR CRIMINAL, THE GOOD FAITH OF ANY
  PERSON REQUIRED TO REPORT INSTANCES OF PHYSICAL ABUSE, MISTREATMENT,  OR
  NEGLECT SHALL BE PRESUMED.
    S 473-T. PENALTIES  FOR  FAILURE TO REPORT. 1. ANY PERSON, OFFICIAL OR
  INSTITUTION REQUIRED BY THIS ARTICLE TO REPORT A CASE OF SUSPECTED ABUSE
  OR MALTREATMENT WHO WILLFULLY FAILS TO DO SO SHALL BE GUILTY OF A  CLASS
  A MISDEMEANOR.
    2.  ANY  PERSON,  OFFICIAL  OR INSTITUTION REQUIRED BY THIS ARTICLE TO
  REPORT A CASE OF SUSPECTED ABUSE OR MALTREATMENT OF  MENTALLY  OR  PHYS-
  ICALLY  INCAPACITATED PERSONS WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO
  SHALL BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAIL-
  URE.
    S 473-U. EDUCATION OF MANDATORY REPORTERS. THE DEPARTMENT OF  CHILDREN
  AND  FAMILY  SERVICES SHALL IN CONJUNCTION WITH THE OFFICE FOR THE AGING
  AND LOCAL  PROTECTIVE  ADULT  SERVICES  OFFICES,  CONDUCT  AN  EDUCATION
  PROGRAM  FOR  LOCAL SOCIAL SERVICE'S OFFICE STAFF, PERSONS AND OFFICIALS
  REQUIRED TO REPORT UNDER THIS ARTICLE AND ANY OTHER APPROPRIATE  PERSONS
  TO  ENCOURAGE  THE  FULLEST DEGREE OF REPORTING ADULT ABUSE OR MALTREAT-
  MENT. SUCH PROGRAM SHALL BE DEVELOPED AND  IMPLEMENTED  IN  COORDINATION
  WITH  THAT  ESTABLISHED  UNDER SECTION TWO HUNDRED NINETEEN OF THE ELDER
  LAW. THE PROGRAM SHALL INCLUDE BUT NOT BE LIMITED  TO  RESPONSIBILITIES,
  OBLIGATIONS,  AND POWERS UNDER THIS ARTICLE AND CHAPTER AS WELL AS DIAG-
  NOSIS OF ABUSE AND MALTREATMENT OF ADULTS AND THE  PROCEDURES  OF  ADULT
  PROTECTIVE SERVICES.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law provided, however, that
  effective immediately, the addition, amendment and/or repeal of any rule
  or regulation necessary for the implementation of this act on its effec-
  tive  date  are  authorized  and directed to be made and completed on or
  before such effective date.