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

                                  6035

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2015
                               ___________

Introduced by M. of A. JAFFEE -- read once and referred to the Committee
  on Mental Health

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.
  (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  EVERY
FACILITY  LICENSED,  REGISTERED  OR  CERTIFIED  BY  THE OFFICE OF MENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06464-01-5
              

A. 6035                             2

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.