Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 27, 2012 |
signed chap.606 |
Dec 28, 2011 |
delivered to governor |
Jun 22, 2011 |
returned to assembly passed senate 3rd reading cal.1508 substituted for s5796 |
Jun 22, 2011 |
substituted by a8330 ordered to third reading cal.1508 |
Jun 16, 2011 |
referred to rules |
Senate Bill S5796
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A8330 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S5796 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8330
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Add §16.34, amd §§16.19 & 45.07, Ment Hyg L
2011-S5796 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5796 TITLE OF BILL: An act to amend the mental hygiene law, in relation to creating an abuse prevention notification system PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to require OPWDD to supply certain information to providers when a criminal background check is requested of a perspective employee or volunteer. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill requires that when OPWDD receives a request for criminal history information for a perspective employee or volunteer, and if OPWDD has on file a substantiated report of abuse or serious neglect of an individual with developmental disabilities of this perspective employee or volunteer, then OPWDD must furnish along with the criminal history information, a summary report(s) together with any written response from the employee or volunteer. OPWDD must also provide this information to the perspective employee or volunteer and must also provide the prospective employee or volunteer with notice on their right to receive a summary report, and establishes an appeal process.
2011-S5796 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5796 2011-2012 Regular Sessions I N S E N A T E June 16, 2011 ___________ Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the mental hygiene law, in relation to creating an abuse prevention notification system 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 16.34 to read as follows: S 16.34 CERTAIN INFORMATION REGARDING PERSONS WORKING WITH PEOPLE WITH DEVELOPMENTAL DISABILITIES. (A) IF THE OFFICE RECEIVES A REQUEST FOR CRIMINAL HISTORY INFORMATION FOR A PROSPECTIVE EMPLOYEE OR VOLUNTEER PURSUANT TO SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW, AND THE OFFICE HAS ON FILE A SUBSTANTIATED REPORT THAT THE PROSPECTIVE EMPLOYEE OR VOLUNTEER ENGAGED IN BEHAVIOR THAT CONSTITUTED ABUSE OR SERIOUS NEGLECT OF A PATIENT OR CONSUMER IN A PROGRAM LICENSED, OPERATED, OR CERTIFIED BY THE OFFICE, THE OFFICE SHALL FURNISH A SUMMARY OF SUCH REPORT OR REPORTS TOGETHER WITH ANY WRITTEN RESPONSE FROM THE EMPLOYEE OR VOLUNTEER REFERRED TO IN SUBDIVISION (C) OF THIS SECTION, TO THE PROVIDER THAT REQUESTED THE CRIMINAL HISTORY INFORMATION WITH RESPECT TO SUCH PROSPECTIVE EMPLOYEE OR VOLUNTEER. THE OFFICE SHALL PROVIDE SUCH SUMMARY REPORT AND RESPONSE, IF ANY, TO THE AUTHORIZED PERSON AS DEFINED IN PARAGRAPH (B) OF SUBDIVI- SION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW AND AT THAT SAME TIME FURNISH SUCH DOCUMENTS TO THE PROSPECTIVE EMPLOYEE OR VOLUNTEER AT THE ADDRESS FOR SUCH PERSON LISTED ON THE REQUEST. (B) THE SUMMARY REPORT PROVIDED BY THE OFFICE TO A PROVIDER OF SERVICES PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL BE RECEIVED BY THE PROVIDER SUBJECT TO THE CONFIDENTIALITY PROVISIONS OF SUBDIVISION SEVEN OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW. (C) WHEN THE OFFICE RECEIVES A SUBSTANTIATED REPORT INDICATING THAT AN EMPLOYEE OR VOLUNTEER ENGAGED IN BEHAVIOR THAT CONSTITUTES ABUSE OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13101-01-1
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