Requires every general hospital, public health center, diagnostic center, treatment center or outpatient department to provide identification, assessment, and appropriate treatment or referral of persons suspected as human trafficking victims; requires notification to social services where person is under the age of 18.
STATE OF NEW YORK
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8650--B
Cal. No. 487
IN ASSEMBLY
January 7, 2016
___________
Introduced by M. of A. PAULIN, GOTTFRIED, DINOWITZ, McDONOUGH, ARROYO,
BLAKE, COLTON, COOK, CROUCH, HOOPER, LINARES, MOSLEY, OTIS, SEAWRIGHT,
SIMON, GALEF, JAFFEE, WEPRIN -- Multi-Sponsored by -- M. of A. HIKIND,
STECK -- read once and referred to the Committee on Health -- reported
and referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee -- passed by Assembly and delivered to the Senate, recalled from
the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the public health law, in relation to identification and
assessment of human trafficking victims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new section
2 2805-y to read as follows:
3 § 2805-y. Identification and assessment of human trafficking victims.
4 1. As used in this section:
5 (a) "human trafficking victim" shall have the meaning set forth in
6 section four hundred eighty-three-aa of the social services law;
7 (b) "subject facility" shall mean a general hospital, public health
8 center, diagnostic center, treatment center or outpatient department;
9 (c) "subject facility personnel" shall mean nursing, medical, social
10 work and other clinical care personnel, and security personnel in the
11 subject facility service units; and
12 (d) "subject facility service units" shall mean the service units of
13 the subject facility that include the following areas: (i) emergency
14 services; (ii) pediatrics; (iii) obstetrics and gynecology; (iv)
15 orthopedics; (v) internal medicine; (vi) family medicine; (vii) radiolo-
16 gy; (viii) surgery; (ix) psychiatry; and (x) dental services to the
17 extent the subject facility maintains a dental clinic, center or depart-
18 ment on site of the subject facility.
19 2. Every subject facility shall provide for the identification,
20 assessment, and appropriate treatment or referral of persons suspected
21 as human trafficking victims, and in the case of persons under eighteen
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11993-04-6
A. 8650--B 2
1 years old, the reporting of such persons as an abused or maltreated
2 child if required under title six of article six of the social services
3 law. The subject facility shall establish and implement written policies
4 and procedures under this section which shall apply to all subject
5 facility service units.
6 3. Every subject facility shall provide, on an ongoing basis, to all
7 subject facility personnel training regarding the policies and proce-
8 dures established under this section, including training in the recogni-
9 tion of indicators of a human trafficking victim and the responsibil-
10 ities of such personnel in dealing with persons suspected as human
11 trafficking victims. Such training may be incorporated as part of the
12 subject facility's existing training programs, provided that the train-
13 ing includes all of the requirements of this section.
14 4. The commissioner may identify organizations or providers for
15 consideration by subject facilities to provide training under this
16 section. The commissioner may, in consultation with the office of tempo-
17 rary and disability assistance and the office of children and family
18 services, make regulations under this section.
19 § 2. This act shall take effect one year after it shall have become a
20 law; provided however, that effective immediately, the commissioner of
21 health may make regulations and take other actions necessary to imple-
22 ment this act on its effective date.