Requires the education commissioner to establish standards requiring that one hour of the three hours of coursework or training required of certain specified health care professionals regarding the identification and reporting of child abuse and maltreatment include information regarding the relationship between child abuse and domestic violence and the identification of behavioral and physical indicators of domestic violence.
TITLE OF BILL: An act to amend the education law, in relation to training regarding domestic violence
PURPOSE OF BILL: The purpose of this bill is to expand existing educational mediums to include training of medical professionals in the recognition of the physical and behavioral indicators of domestic violence and elder abuse.
SUMMARY OF PROVISIONS: Section 1 of the bill would amend paragraph (a) of subdivision 3 of 6507 of the Education Law, as amended by Chapter 356 of the laws of 2006 to include additional requirements to the ones set forth in (a).
§ 6507(3) (a) as amended in 1989 mandates that medical professionals who are covered under the mandatory child abuse reporting law receive two (2) hours of coursework or training regarding the identification and reporting of child abuse and maltreatment. This bill would add a third hour to that two hour course, and mandate that third hour be spent discussing the identification of the symptoms of domestic violence and elder abuse.
JUSTIFICATION: Child abuse does not generally occur in isolation. Rather, it often occurs as part of a larger cycle of domestic violence that includes adults, including spouses, parents, and grandparents. Medical professionals are presently required to undergo a two hour training course for the identification of the physical and behavioral indicators of child abuse. It is most appropriate that this course be the forum for a summary treatment of the identification of domestic violence and elder abuse.
LEGISLATIVE HISTORY: 1994 - Passed Assembly 1995 - Referred to Higher Education 1996 - Referred to Higher Education 1997 - Referred to Higher Education 1998 - Amend and Recommit to Higher Education 2000-01 - A.2070 Referred to Higher Education 2003-04 - A.1049/S.3659 Referred to Higher Education 2005-06 - A.4287 Referred to Higher Education; S.3783 Referred to Higher Education 2007-08 - S.8764 - Referred to Rules 2009-10 - S.5258A/A.8675 (Jaffee) - Referred to Higher Education
FISCAL IMPACT: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 978--A 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. HASSELL-THOMPSON, DIAZ, DUANE, HUNTLEY, KRUEGER, OPPENHEIMER, PARKER, PERKINS, SAMPSON, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the education law, in relation to training regarding domestic violence THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 3 of section 6507 of the educa- tion law, as amended by chapter 356 of the laws of 2006, is amended to read as follows: a. Establish standards for preprofessional and professional education, experience and licensing examinations as required to implement the arti- cle for each profession. Notwithstanding any other provision of law, the commissioner shall establish standards requiring that all persons apply- ing, on or after January first, nineteen hundred ninety-one, initially, or for the renewal of, a license, registration or limited permit to be a physician, chiropractor, dentist, registered nurse, podiatrist, optome- trist, psychiatrist, psychologist, licensed master social worker, licensed clinical social worker, licensed creative arts therapist, licensed marriage and family therapist, licensed mental health counse- lor, licensed psychoanalyst, or dental hygienist shall, in addition to all the other licensure, certification or permit requirements, have completed
[two]THREE hours of coursework or training regarding the identification and reporting of child abuse [and], maltreatment, AND DOMESTIC VIOLENCE. The coursework or training shall be obtained from an institution or provider which has been approved by the department toEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03987-02-2 S. 978--A 2
provide such coursework or training. The coursework or training shall include information regarding the physical and behavioral indicators of child abuse
[and], maltreatment, AND DOMESTIC VIOLENCE and the statutory reporting requirements set out in sections four hundred thirteen through four hundred twenty of the social services law, including but not limit- ed to, when and how a report must be made, what other actions the repor- ter is mandated or authorized to take, the legal protections afforded reporters, and the consequences for failing to report. THE COMMISSIONER SHALL ESTABLISH STANDARDS REQUIRING THAT BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN, ONE HOUR OF THE THREE COURSEWORK OR TRAINING HOURS SHALL INCLUDE INFORMATION REGARDING THE RELATIONSHIP BETWEEN CHILD ABUSE, MALTREATMENT, AND DOMESTIC VIOLENCE AND THE IDENTIFICATION OF BEHAVIORAL AND PHYSICAL INDICATORS OF DOMESTIC VIOLENCE AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW. Such coursework or training may also include information regarding the phys- ical and behavioral indicators of the abuse of individuals with mental retardation and other developmental disabilities and voluntary reporting of abused or neglected adults to the office of mental retardation and developmental disabilities or the local adult protective services unit. Each applicant shall provide the department with documentation showing that he or she has completed the required training. The department shall provide an exemption from the child abuse [and], maltreatment, AND DOMESTIC VIOLENCE training requirements to any applicant who requests such an exemption and who shows, to the department's satisfaction, that there would be no need because of the nature of his or her practice for him or her to complete such training; S 2. This act shall take effect immediately.