S T A T E   O F   N E W   Y O R K
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                                  7643

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by M. of A. PERSAUD -- read once and referred to the Commit-
  tee on Children and Families

AN ACT to amend the education  law  and  the  social  services  law,  in
  relation  to  coursework  or training regarding the identification and
  reporting of suspected cases of child abuse and maltreatment

  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 554 of the laws of 2013, 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,  dental  hygienist,  licensed  behavior
analyst, or certified behavior analyst assistant shall, in  addition  to
all the other licensure, certification or permit requirements, AND EVERY
THREE YEARS THEREAFTER, have completed two hours of coursework or train-
ing  regarding  the  identification  and  reporting  of  child abuse and
maltreatment.   The coursework or training shall  be  obtained  from  an
institution  or  provider  which  has been approved by the department to
provide such coursework or training. The coursework  or  training  shall
include  information regarding the physical and behavioral indicators of
child abuse and maltreatment and the  statutory  reporting  requirements
set out in sections four hundred thirteen through four hundred twenty of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02782-02-5
              

A. 7643                             2

the  social  services  law, including but not limited to, when and how a
report must be made, what other actions  the  reporter  is  mandated  or
authorized  to  take,  the legal protections afforded reporters, and the
consequences for failing to report. Such coursework or training may also
include  information regarding the physical and behavioral indicators of
the abuse of individuals with [mental retardation  and  other]  develop-
mental  disabilities  and  voluntary  reporting  of  abused or neglected
adults to the office [of mental retardation and] FOR PEOPLE WITH  devel-
opmental  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  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. Subdivision 4 of section 3003 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  4. Notwithstanding any other provision of law, the commissioner  shall
require  that  any  person applying, on or after January first, nineteen
hundred ninety-one, for a superintendent's certificate shall,  in  addi-
tion  to  all  the other requirements, AND EVERY THREE YEARS THEREAFTER,
have completed two hours of coursework or training regarding  the  iden-
tification  and  reporting of child abuse and maltreatment.  The course-
work or training shall be obtained from an institution or provider which
has been approved by the department to provide such coursework or train-
ing. The coursework or training shall include information regarding  the
physical  and  behavioral indicators of child abuse and maltreatment and
the statutory reporting requirements set out in  sections  four  hundred
thirteen through four hundred twenty of the social services law, includ-
ing  but  not limited to, when and how a report must be made, what other
actions the reporter is  mandated  or  authorized  to  take,  the  legal
protections  afforded  reporters,  and  the  consequences for failing to
report. Each applicant shall provide the department  with  documentation
showing that he or she has completed the required training.
  S 3. Subdivision 2 of section 3004 of the education law, as amended by
chapter 737 of the laws of 1992, is amended to read as follows:
  2.  Notwithstanding any other provision of law, the commissioner shall
prescribe regulations requiring that all persons applying, on  or  after
January first, nineteen hundred ninety-one, for a certificate or license
to  be  a  teacher  shall, in addition to all the other certification or
licensure requirements, AND EVERY THREE YEARS THEREAFTER, have completed
two hours of coursework or training  regarding  the  identification  and
reporting  of  child abuse and maltreatment.  The coursework or training
shall be obtained  from  an  institution  or  provider  which  has  been
approved  by  the department to provide such coursework or training. The
coursework or training shall include information regarding the  physical
and behavioral indicators of child abuse and maltreatment and the statu-
tory  reporting  requirements  set out in sections four hundred thirteen
through four hundred twenty of the social services  law,  including  but
not  limited  to, when and how a report must be made, what other actions
the reporter is mandated or authorized to take,  the  legal  protections
afforded  reporters,  and  the  consequences for failing to report. Each
applicant shall provide the department with documentation  showing  that
he or she has completed the required training.

A. 7643                             3

  S 4. Section 413 of the social services law is amended by adding a new
subdivision 1-a to read as follows:
  1-A.  (A)  EVERY PERSON AND OFFICIAL REQUIRED TO REPORT CHILD ABUSE OR
MALTREATMENT, PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SHALL,  PRIOR
TO  ASSUMPTION  OF THE POSITION WHICH REQUIRES SUCH REPORTING, AND EVERY
THREE YEARS THEREAFTER, COMPLETE TWO HOURS  OF  COURSEWORK  OR  TRAINING
REGARDING  THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND MALTREAT-
MENT; PROVIDED THAT EVERY PERSON AND OFFICIAL HOLDING SUCH A POSITION ON
OR BEFORE THE EFFECTIVE DATE  OF  THIS  PARAGRAPH  SHALL  COMPLETE  SUCH
COURSEWORK  OR  TRAINING  WITHIN  ONE YEAR OF THE EFFECTIVE DATE OF THIS
SUBDIVISION.
  (B) EXCEPT AS OTHERWISE PROVIDED BY THE EDUCATION LAW, THE  OFFICE  OF
CHILDREN  AND FAMILY SERVICES SHALL APPROVE AND/OR ESTABLISH THE COURSE-
WORK AND TRAINING REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS  SUBDIVI-
SION.    SUCH COURSEWORK AND TRAINING MAY BE DEVELOPED SO THAT IT CAN BE
OFFERED THROUGH VARIOUS MEANS INCLUDING, BUT NOT  LIMITED  TO,  INTERNET
BASED COURSES AND TELECONFERENCES.
  S  5. This act shall take effect one year after it shall have become a
law.