A07910 Summary:

BILL NO    A07910A

SAME AS    SAME AS S05813

SPONSOR    Gunther

COSPNSR    Barrett

MLTSPNSR   

Amd S13.23, Ment Hyg L

Requires employees and volunteers providing services to persons with
developmental disabilities to complete certain training.
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A07910 Actions:

BILL NO    A07910A

06/07/2013 referred to mental health
06/07/2013 amend and recommit to mental health
06/07/2013 print number 7910a
06/11/2013 reported referred to ways and means
06/13/2013 reported referred to rules
06/17/2013 reported 
06/17/2013 rules report cal.397
06/17/2013 ordered to third reading rules cal.397
06/18/2013 passed assembly
06/18/2013 delivered to senate
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A07910 Votes:

A07910A06/18/2013 142/0
AbbateYColtonYGarbariYKearnsYMillmanYRiveraYStevensY
AbinantYCookYGibsonYKellnerYMontesaYRobertsYStirpeY
ArroyoYCorwinYGiglioYKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajERKolbYMosleyYRodriguYTediscoY
BarclayYCrouchYGlickYLalorERMoyaYRosaYTenneyY
BarrettYCurranYGoldfedERLavineYNojayYRosenthYThieleY
BarronYCusickYGoodellYLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezYO'DonneYRyanYWalterY
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandABDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaYScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselYPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindERMalliotYPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatYJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraYGabryszYJordanYMcKevitYRaiaYSolagesY
CerettoYGalefYKatzYMcLaughYRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

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A07910 Memo:

BILL NUMBER:A7910A

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 OR GENERAL IDEA OF BILL:

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 shill 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 severe
problem. In response to these articles, the Assembly held a series of
statewide public hearings aimed at carefully examining the quality of
care and safety measures in homes for individuals with developmental
disabilities. As a result at' the hearings, the committee 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:

Undetermined.

EFFECTIVE DATE:

This act shall take effect July I, 2014.
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A07910 Text:

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

                                        7910--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     June 7, 2013
                                      ___________

       Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
         tee on Mental Health -- committee discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee

       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:

    1    Section 1. Section 13.23 of the  mental  hygiene  law  is  amended  by
    2  adding a new subdivision (d) to read as follows:
    3    (D)  THE  COMMISSIONER SHALL ADOPT RULES AND REGULATIONS REQUIRING ALL
    4  PERSONS WHO ARE EMPLOYED OR VOLUNTEERING AT A PROVIDER LICENSED,  CERTI-
    5  FIED  OR  OPERATED  BY  THE  OFFICE  TO  COMPLETE  A TRAINING CURRICULUM
    6  CONSISTENT WITH THIS SUBDIVISION.   IN DEVELOPING SUCH  CURRICULUM,  THE
    7  COMMISSIONER  SHALL  CONDUCT A LITERATURE REVIEW OF REPORTS, STUDIES AND
    8  OTHER TRAINING MODELS REGARDING THE TRAINING OF DIRECT CARE WORKERS  FOR
    9  PERSONS WITH DEVELOPMENTAL DISABILITIES.  SUCH CURRICULUM SHALL INCLUDE,
   10  BUT  NOT  BE  LIMITED TO: (1) ABUSE, NEGLECT AND MALTREATMENT INDICATION
   11  AND PREVENTION, (2)  LAWS,  REGULATIONS  AND  PROCEDURES  GOVERNING  THE
   12  PROTECTION   OF  PERSONS  WITH  DISABILITIES  FROM  ABUSE,  NEGLECT  AND
   13  MALTREATMENT, (3) IDENTIFICATION, SAFETY AND  SECURITY  PROCEDURES,  (4)
   14  FIRE  SAFETY,  (5)  FIRST  AID,  (6)  CARDIOPULMONARY RESUSCITATION, (7)
   15  CULTURAL COMPETENCE, AND (8) ANY OTHER APPROPRIATE TOPIC.
   16    THE FORMAT OF SUCH TRAINING OR PROGRAMS SHALL BE IN  TRADITIONAL  LIVE
   17  CLASSROOM  OR  AUDIENCE  SETTINGS;  TELECONFERENCES;  VIDEO CONFERENCES;
   18  SATELLITE TRANSMISSIONS; MOTION PICTURE PRESENTATIONS; INTERACTIVE VIDEO
   19  INSTRUCTIONS;  ACTIVITIES  ELECTRONICALLY   TRANSMITTED   FROM   ANOTHER
   20  LOCATION;  ON-LINE  COMPUTER  COURSES;  OR  ANY OTHER INTERACTIVE FORMAT
   21  DEEMED APPROPRIATE BY THE COMMISSIONER, PROVIDED THE TRAINING OR PROGRAM
   22  IS NOT SELF-STUDY OR CORRESPONDENCE WORK. IN NO EVENT SHALL SUCH PROGRAM
   23  AND TRAINING SOLELY  CONSIST  OF  WRITTEN  MATERIALS.  THE  TRAINING  OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11429-02-3
       A. 7910--A                          2

    1  PROGRAM  MUST BE CONDUCTED IN A PHYSICAL SETTING THAT IS COMFORTABLE AND
    2  CONDUCIVE TO LEARNING. UPON COMPLETION OF THE TRAINING OR PROGRAM, TRAI-
    3  NEES SHALL RECEIVE A CERTIFICATE OF COMPLETION.
    4    S 2. This act shall take effect July 1, 2014.
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