Establishes a mental retardation and developmental disabilities and mental health worker registry

Title of bill

An act to amend the mental hygiene law, in relation to establishing a mental retardation and developmental disabilities and mental health worker registry

Purpose

To establish a statewide registry of mental retardation and developmentally disability and mental health workers so that employers can check the registry to determine a workers' history prior to employing them.

Summary of provisions

Section one of the bill adds a new section 16.34 to the mental hygiene law establishing the Mental Retardation and Developmental Disabilities registry to maintain summary reports prepared by providers of any employee or volunteer who was subject to the criminal history background check and who is terminated as a result of a finding that such employee or volunteer engaged in behavior that constituted abuse or neglect of a client. Summary reports shall be kept by OMRDD together with the criminal history information previously obtained regarding such employee or volunteer. If the office requires a request for criminal history information for a prospective employee or volunteer for whom the office has previously received a summary report, the office shall furnish a copy of any summary reports and any written response from the employee or volunteer to the provider requesting the criminal history information and any other provider that previously requested criminal history information pertaining to such employee or volunteer. Provisions to ensure confidentiality, due process and limitations on liability are also included.

Section two of the bill adds a new section 31.36 of the mental hygiene law establishing the Mental Health registry with the same provisions as outlined in section one of the bill.

Section three of the bill provides for an effective date of the first of January next succeeding the date on which is shall have become law.

Justification

Developmentally disabled and mentally ill individuals who require daily care that their families can not give them often, because of their unique needs, reside in subsidized communities, certified agencies and family care situations and must rely on workers to care for their daily needs.

While the vast majority of these direct care workers are incredibly dedicated to caring for the disabled individuals who rely upon them, unfortunately, on occasion, there are workers who mistreat or even abuse those they are charged with caring for. Many times when such mistreatment or abuse is uncovered and does not rise to the level of a criminal conviction or a report to the Central Register for Child Abuse and Maltreatment, the care worker simply resigns from one position and seeks another in the same field. Without any statewide registry in place to warn and caution other employers of the care worker's prior history of mistreating or abusing clients/patients, there is no way to prevent them from being employed in similar circumstances where they can repeat such mistreatment.

Legislative history

Similar to S.4647 of 2005 reported to Rules Committee Same as S.4474A of 2008 reported to Third Reading Calendar

Fiscal implications

To be determined. EFFECTIVE DATE : This act shall take effect on the first day of January next succeeding the date on which it shall have become a law.