This bill has been amended

Bill S5813-2013

Requires employees and volunteers providing services to persons with developmental disabilities to complete certain training

Requires employees and volunteers providing services to persons with developmental disabilities to complete certain training.

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  • Jan 8, 2014: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • Jun 17, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5813

TITLE OF BILL: An act to amend the mental hygiene law, in relation to standardized training curriculum requirements for employees and volunteers providing services to persons with developmental disabilities

PURPOSE: The purpose of this bill is to standardize safety trainings at developmental disability facilities.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend section 13.23 of the Mental Hygiene Law by adding a new paragraph (h) which requires the Commissioner of the Office for People with Developmental Disabilities to develop an educational curriculum for all providers operated or licensed by the agency. The educational curriculum shall include training in abuse, neglect and maltreatment indication and prevention; laws, regulations and procedures governing the protection of persons with disabilities from abuse, neglect and maltreatment; identification, safety and security procedures; fire safety; first aid; cardiopulmonary resuscitation; cultural competence, and any other appropriate topic.

JUSTIFICATION: As reported in the New York Times the past several years, allegations of abuse, neglect, and maltreatment in programs run or certified by the Office of People with Developmental Disabilities are a problem. In response to these articles, a series of statewide public hearings were held that were aimed at carefully examining the quality of care and safety measures in homes for individuals with developmental disabilities. As a result or the hearings, it was learned that many staffers may not have adequate training in recognizing or reporting neglect or abuse. This bill will ensure that employees of developmental disability facilities will receive adequate training regarding patient safety.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPACT: Minimal.

EFFECTIVE DATE: This act shall take effect July 1, 2314.


Text

STATE OF NEW YORK ________________________________________________________________________ 5813 2013-2014 Regular Sessions IN SENATE June 17, 2013 ___________
Introduced by Sen. RITCHIE -- 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 standardized training curriculum requirements for employees and volunteers provid- ing services to persons with developmental disabilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13.23 of the mental hygiene law is amended by adding a new subdivision (d) to read as follows: (D) THE COMMISSIONER SHALL ADOPT RULES AND REGULATIONS REQUIRING ALL PERSONS WHO ARE EMPLOYED OR VOLUNTEERING AT A PROVIDER LICENSED, CERTI- FIED OR OPERATED BY THE OFFICE TO COMPLETE A TRAINING CURRICULUM CONSISTENT WITH THIS SUBDIVISION. IN DEVELOPING SUCH CURRICULUM, THE COMMISSIONER SHALL CONDUCT A LITERATURE REVIEW OF REPORTS, STUDIES AND OTHER TRAINING MODELS REGARDING THE TRAINING OF DIRECT CARE WORKERS FOR PERSONS WITH DEVELOPMENTAL DISABILITIES. SUCH CURRICULUM SHALL INCLUDE, BUT NOT BE LIMITED TO: (1) ABUSE, NEGLECT AND MALTREATMENT INDICATION AND PREVENTION, (2) LAWS, REGULATIONS AND PROCEDURES GOVERNING THE PROTECTION OF PERSONS WITH DISABILITIES FROM ABUSE, NEGLECT AND MALTREATMENT, (3) IDENTIFICATION, SAFETY AND SECURITY PROCEDURES, (4) FIRE SAFETY, (5) FIRST AID, (6) CARDIOPULMONARY RESUSCITATION, (7) CULTURAL COMPETENCE, AND (8) ANY OTHER APPROPRIATE TOPIC. THE FORMAT OF SUCH TRAINING OR PROGRAMS SHALL BE IN TRADITIONAL LIVE CLASSROOM OR AUDIENCE SETTINGS; TELECONFERENCES; VIDEO CONFERENCES; SATELLITE TRANSMISSIONS; MOTION PICTURE PRESENTATIONS; INTERACTIVE VIDEO INSTRUCTIONS; ACTIVITIES ELECTRONICALLY TRANSMITTED FROM ANOTHER LOCATION; ON-LINE COMPUTER COURSES; OR ANY OTHER INTERACTIVE FORMAT DEEMED APPROPRIATE BY THE COMMISSIONER, PROVIDED THE TRAINING OR PROGRAM IS NOT SELF-STUDY OR CORRESPONDENCE WORK. IN NO EVENT SHALL SUCH PROGRAM AND TRAINING SOLELY CONSIST OF WRITTEN MATERIALS. THE TRAINING OR PROGRAM MUST BE CONDUCTED IN A PHYSICAL SETTING THAT IS COMFORTABLE AND CONDUCIVE TO LEARNING. UPON COMPLETION OF THE TRAINING OR PROGRAM, TRAI- NEES SHALL RECEIVE A CERTIFICATE OF COMPLETION. S 2. This act shall take effect July 1, 2014.

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