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.
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.
