New York State Assembly

 
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A09134 Summary:

A09134 Actions:

A09134 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:01/28/2020AYE/NAY:24/0  Action: Favorable         
Gottfried
Aye
Byrne
Aye
Schimminger
Excused
McDonough
Aye
Galef
Aye
Garbarino
Aye
Dinowitz
Aye
Byrnes
Aye
Cahill
Aye
Ashby
Aye
Paulin
Excused
Miller
Aye
Cymbrowitz
Aye
Salka
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye
Bichotte
Aye
Barron
Aye
Sayegh
Aye

A09134 Floor Votes:

A09134 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9134
 
SPONSOR: Lavine

 
TITLE OF BILL:
 
An act to amend the public health law, in relation to hospital domestic
violence policies and procedures; and to amend a chapter of the laws of
2019 amending the public health law relating to hospital domestic
violence policies and procedures as proposed in legislative bills
numbers S. 3962-A and A. 2850-A, in relation to the effectiveness there-
of
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to modify Chapter 733 of the Laws of 2019 to
target the domestic violence training program for hospital employees to
specific types of employees that have a greater likelihood of interact-
ing with a patient.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 would require hospital domestic violence training programs be
given to nursing, medical, social work, security, and other clinical
personnel working in service units. This section would also clarify that
domestic violence and victim assistance organizations are responsible
for coordinating services to victims.
 
Section 2 would amend the effective date of Chapter 733 of the Laws of
2019 to make it take effect one year after it is signed into law.
 
Section 3 would establish the effective date
 
 
JUSTIFICATION:
 
Chapter 733 of the Laws of 2019 established requirements for hospitals
relating to the development of domestic violence policies and proce-
dures, and required training for all of their employees. This bill will
focus those training efforts on employees that have a higher likelihood
of interacting with patients to help make sure that the appropriate
staff are adequately trained and prepared to address domestic violence
issues. Additionally, changes will help clarify the hospital's role in
addressing domestic violence and the hospital's interaction with domes-
tic violence organizations and victim assistance organizations, which
will help with the coordination of services for victims of domestic
violence.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New Legislation.
 
 
FISCAL IMPLICATIONS:
 
None to the State.
 
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2019, amending the public health law
relating to hospital domestic violence policies and procedures as
proposed in legislative bills numbers S. 3962-A and A. 2850-A, takes
effect.

A09134 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9134
 
                   IN ASSEMBLY
 
                                    January 22, 2020
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Health
 
        AN  ACT to amend the public health law, in relation to hospital domestic
          violence policies and procedures; and to amend a chapter of  the  laws
          of  2019  amending the public health law relating to hospital domestic
          violence policies and procedures  as  proposed  in  legislative  bills
          numbers  S.  3962-A  and  A.  2850-A, in relation to the effectiveness
          thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  2805-z  of  the public health law, as added by a
     2  chapter of the laws of 2019 amending the public health law  relating  to
     3  hospital domestic violence policies and procedures as proposed in legis-
     4  lative  bills  numbers  S.  3962-A  and A. 2850-A, is amended to read as
     5  follows:
     6    § 2805-z. Hospital domestic violence policies and procedures. 1. Every
     7  general hospital shall: (a) develop, maintain  and  disseminate  written
     8  policies  and  procedures  for the identification, assessment, treatment
     9  and referral of confirmed or suspected cases of domestic  violence;  (b)
    10  establish, and implement on an ongoing basis, a training program for all
    11  [current  and  new  employees]  nursing,  medical, social work and other
    12  clinical personnel, and security personnel working in  hospital  service
    13  units regarding the policies and procedures established pursuant to this
    14  section;  and  (c)  designate  a staff member to [coordinate services to
    15  victims of domestic violence; and (d)] contact the domestic violence  or
    16  victim  assistance  organization  identified  by  the commissioner under
    17  subdivision three of this section providing  victim  assistance  to  the
    18  geographic area served by such hospital to establish the coordination of
    19  services to domestic violence victims.
    20    2.  Upon  admittance  or  commencement  of treatment of a confirmed or
    21  suspected domestic violence  victim,  such  hospital  shall  advise  the
    22  victim  of  the  availability  of the services of a domestic violence or
    23  victim assistance organization.  If  after  receiving  such  advice  the
    24  domestic  violence  victim wishes the presence of a domestic violence or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04595-05-0
        A. 9134                             2
 
     1  victim assistance advocate, such hospital shall contact the  appropriate
     2  organization and request that one be provided.
     3    3. The commissioner shall promulgate such rules and regulations as may
     4  be  necessary and proper to carry out effectively the provisions of this
     5  section.  Prior to promulgating such rules and regulations, the  commis-
     6  sioner  shall  consult  with  the  office for the prevention of domestic
     7  violence and other such persons as the commissioner deems  necessary  to
     8  develop  a  model policy for hospitals to utilize in complying with this
     9  section and to identify  the  domestic  violence  or  victim  assistance
    10  organizations  operating  in  each hospital's geographic area, a list of
    11  which the commissioner shall provide to hospitals with the model policy.
    12    § 2. Section 2 of a chapter of the laws of 2019, amending  the  public
    13  health  law  relating  to hospital domestic violence policies and proce-
    14  dures as proposed in legislative bills numbers S. 3962-A and A.  2850-A,
    15  is amended to read as follows:
    16    § 2. This act shall take effect [on the first of January next succeed-
    17  ing the date on which] one year after it shall have become a law. Effec-
    18  tive immediately, the addition, amendment and/or repeal of any rules  or
    19  regulations necessary for the implementation of the foregoing section of
    20  this  act  on its effective date are authorized to be made and completed
    21  on or before such effective date.
    22    § 3. This act shall take effect immediately;  provided,  however  that
    23  section  one  of  this act shall take effect on the same date and in the
    24  same manner as a chapter of the laws of 2019, amending the public health
    25  law relating to hospital domestic violence policies  and  procedures  as
    26  proposed  in  legislative  bills  numbers S. 3962-A and A. 2850-A, takes
    27  effect.