Sponsor: Weisenberg
Other Versions: A8972
Same as: S5930A
Committee: RULES
Law Section: Mental Hygiene Law
A8972A Summary
Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state; creates a hotline for reporting of suspected abuse. Relates to reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state; creates a hotline for reporting of suspected abuse.Act: AN ACT to amend the mental hygiene law, in relation to required reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state
A8972A Actions
Jun 19, 2009 amend and recommit to codesJun 19, 2009 print number 8972a
Jun 17, 2009 referred to mental health
Jun 18, 2009 reported referred to codes
Jun 18, 2009 amend and recommit to codes
Jun 18, 2009 print number 8972a
Jun 22, 2009 reported referred to ways and means
Jun 22, 2009 reported referred to rules
Jun 22, 2009 reported
Jun 22, 2009 rules report cal.621
Jun 22, 2009 ordered to third reading rules cal.621
Jun 22, 2009 passed assembly
Jun 22, 2009 delivered to senate
Jun 22, 2009 REFERRED TO RULES
Jul 16, 2009 SUBSTITUTED FOR S5930A
Jul 16, 2009 3RD READING CAL.895
Jul 16, 2009 PASSED SENATE
Jul 16, 2009 RETURNED TO ASSEMBLY
Jul 31, 2009 delivered to governor
Aug 11, 2009 vetoed memo.44
Aug 13, 2009 tabled
"Same as" Actions for Bill S5930A
Jun 18, 2009 REFERRED TO RULES
Jun 19, 2009 AMEND AND RECOMMIT TO RULES
Jun 19, 2009 PRINT NUMBER 5930A
Jul 15, 2009 ORDERED TO THIRD READING CAL.895
Jul 16, 2009 SUBSTITUTED BY A8972A
A8972A Votes
Vote: Floor - Jul 16, 2009
Ayes (57): ADAMS ADDABBO ALESI AUBERTINE BONACIC BRESLIN DEFRANCISCO DILAN DUANE ESPADA FARLEY FLANAGAN FUSCHILLO GOLDEN GRIFFO HANNON HASSELL-THOMPSON HUNTLEY JOHNSON C KLEIN KRUEGER LANZA LARKIN LAVALLE LEIBELL LIBOUS LITTLE MARCELLINO MAZIARZ MCDONALD MONSERRATE MONTGOMERY MORAHAN NOZZOLIO ONORATO OPPENHEIMER PADAVAN PARKER PERKINS RANZENHOFER ROBACH SALAND SAMPSON SAVINO SCHNEIDERMAN SERRANO SEWARD SKELOS SMITH STACHOWSKI STAVISKY STEWART-COUSINS THOMPSON VALESKY VOLKER WINNER YOUNG
Nays (0):
Abstains (0):
Excused (5): DIAZ FOLEY JOHNSON O KRUGER SQUADRON
Same As: S5930A Votes
Vote: Committee - Jul 15, 2009Ayes (23): SMITH ESPADA STACHOWSKI MONTGOMERY DUANE HASSELL-THOMPSON KRUEGER PARKER SERRANO STEWART-COUSINS DILAN KLEIN VALESKY MONSERRATE SKELOS PADAVAN VOLKER FARLEY LAVALLE SEWARD HANNON LARKIN SALAND
Excused (1): JOHNSON O
A8972A Memo
BILL NUMBER:A8972A TITLE OF BILL: An act to amend the mental hygiene law, in relation to required reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state PURPOSE OR GENERAL IDEA OF BILL: Relates to required reporting of suspected abuse of adults in certain residential care facilities licensed or operated by the state. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends mental hygiene law by adding two new sections 16.30 and 31.32 entitled "Abuse Hotline" to create two statewide hotlines for adult abuse and maltreat- ment for adults residing in the Office of Mental Health (OMH) and the Office of Mental Retardation and Developmental Disabilities (OMRDD) facilities. The bill requires OMH and OMRDD to administer its own respective hotline and investigate abuse and maltreatment pursuant to current statute. The bill also provides civil and criminal immunity to anyone who acts reasonably and in good faith in making a report of an allegation of abuse or neglect. Section 2 of the bill provides for the effective date. JUSTIFICATION: New York State has had a child abuse hotline system in place for many years for children under the age of 18. However, no such hotline exists for adults with developmental disabilities and other disabilities who reside in or receive services from facilities licensed by the State. This bill would create two toll-free hotlines that are modeled after the existing child abuse hotline. Some of our State's mentally disabled adults have cognitive functioning that is less than a non-disabled child. This makes them vulnerable to abuse in situations where they are unable to speak for themselves or to successfully relate an incident. The creation of the hotlines will ensure the reporting of abuse and suspected abuse of these vulnerable individuals, who are adults by law, but lack many of the adult skills necessary to advocate for themselves in an abusive situation. PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: To be determined. EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become law.
A8972A Text
S T A T E O F N E W Y O R K
________________________________________________________________________
8972--A
2009-2010 Regular Sessions
I N A S S E M B L Y
June 17, 2009
___________
Introduced by M. of A. WEISENBERG, P. RIVERA -- Multi-Sponsored by -- M.
of A. PHEFFER -- read once and referred to the Committee on Mental
Health, Mental Retardation and Developmental Disabilities -- reported
and referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the mental hygiene law, in relation to required report-
ing of suspected abuse of adults in certain residential care facili-
ties licensed or operated by the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The mental hygiene law is amended by adding two new
2 sections 16.30 and 31.32 to read as follows:
3 S 16.30 ABUSE HOTLINE.
4 (A) THE COMMISSIONER SHALL BE CAPABLE OF RECEIVING TELEPHONE CALLS
5 ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE, OR ACTIVE, PASSIVE OR
6 SELF NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS ARTICLE.
7 TO EFFECTUATE THIS PURPOSE THERE SHALL BE A SINGLE STATEWIDE TELEPHONE
8 NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS.
9 (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL
10 BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER.
11 UPON RECEIVING SUCH ALLEGATIONS, THE COMMISSIONER SHALL ADDRESS THE
12 MATTER PURSUANT TO PARAGRAPH ONE OF SUBDIVISION (D) OF SECTION 16.19 OF
13 THIS ARTICLE. THE INABILITY OF THE PERSON REPORTING THE ABUSE TO IDENTI-
14 FY THE ALLEGED PERPETRATOR SHALL, IN NO CIRCUMSTANCE, CONSTITUTE THE
15 SOLE CAUSE TO REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION
16 FOR INVESTIGATION.
17 (C) ANY PERSON WHO ACTS REASONABLY AND IN GOOD FAITH IN MAKING A
18 REPORT PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY,
19 CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A REPORT.
20 S 31.32 ABUSE HOTLINE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14053-04-9
A. 8972--A 2
1 (A) THE COMMISSIONER SHALL BE CAPABLE OF RECEIVING TELEPHONE CALLS
2 ALLEGING PHYSICAL, SEXUAL, OR EMOTIONAL ABUSE, OR ACTIVE, PASSIVE, OR
3 SELF NEGLECT OF ADULTS IN FACILITIES LICENSED PURSUANT TO THIS ARTICLE.
4 TO EFFECTUATE THIS PURPOSE THERE SHALL BE A SINGLE STATEWIDE TELEPHONE
5 NUMBER THAT ANY PERSON MAY USE TO REPORT SUCH ALLEGATIONS.
6 (B) ALLEGATIONS MADE PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL
7 BE IMMEDIATELY TRANSMITTED ORALLY OR ELECTRONICALLY TO THE COMMISSIONER.
8 UPON RECEIVING SUCH ALLEGATIONS, THE COMMISSIONER SHALL CAUSE THE MATTER
9 TO BE ADDRESSED PURSUANT TO SECTIONS 7.21 AND 31.11 OF THIS CHAPTER. THE
10 INABILITY OF THE PERSON REPORTING THE ABUSE TO IDENTIFY THE ALLEGED
11 PERPETRATOR SHALL, IN NO CIRCUMSTANCE, CONSTITUTE THE SOLE CAUSE TO
12 REJECT SUCH ALLEGATION OR FAIL TO TRANSMIT SUCH ALLEGATION FOR INVESTI-
13 GATION.
14 (C) ANY PERSON WHO ACTS REASONABLY AND IN GOOD FAITH IN MAKING A
15 REPORT PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM ANY LIABILITY,
16 CIVIL OR CRIMINAL, FOR HAVING MADE SUCH A REPORT.
17 S 2. This act shall take effect on the ninetieth day after it shall
18 have become a law.
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