What's happening
The bill clarifies that each mandated reporter must report suspected abuse unless they reasonably believe another mandated reporter has already done so.
Why it matters
Reduces confusion and legal risk among mandated reporters. by specifying that each individual must report suspected abuse unless they have a reasonable belief that another mandated reporter has already done so, helping to clarify personal responsibilities in group settings.
Addresses frequent real-world scenarios. (such as hospitals, schools, or care facilities) where several mandated reporters may witness the same incident, aiming to prevent both over-reporting and the risk of nobody reporting due to assumption that someone else has.
Adjusts liability and disciplinary consequences. by making clear that failure to report is only actionable if the reporter did not have a reasonable belief that another mandated reporter had already filed the required report, potentially protecting well-intentioned professionals from punishment or lawsuits.
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Who cares
Headline styles
Clarify Mandated Reporting Rules
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.997
- Reported
- Print number 7700b
- Amend and recommit to codes
- Referred to codes
- Reported referred to rules
- Print number 7700a
- Amend and recommit to codes
- Reported referred to codes
Show 1 earlier action
- Referred to mental health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Strengthen Mandated Reporter Rules
In Senate Committee · Mental Health And Developmental Disabilities · Sponsor David Carlucci
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7700--B
2017-2018 Regular Sessions
IN ASSEMBLY
May 10, 2017
Introduced by M. of A. BARRETT, GUNTHER, SANTABARBARA -- read once and referred to the Committee on Mental Health -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the social services law, in relation to the duty of mandated reporters to report an incident when there are multiple reporters with direct knowledge of such incident
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 491 of the social services law is amended by adding a new paragraph (b-1) to read as follows:
(b-1) Where multiple reporters have direct knowledge of the same reportable incident or have reasonable cause to suspect such incident has occurred, each mandated reporter is required to report such incident, unless he or she reasonably believes that the report has already been made by another mandated reporter.
§ 2. Paragraph (b) of subdivision 3 of section 491 of the social services law, as added by section 1 of part B of chapter 501 of the laws of 2012, is amended to read as follows:
(b) [A] Except as provided in paragraph (b-1) of subdivision one of this section , a mandated reporter who knowingly and willfully fails to report a case of suspected abuse or neglect to the vulnerable persons' central register may be subject to termination, subject to any applicable collective bargaining agreement. Any person or official required by this article to report a case of suspected abuse or neglect to the vulnerable persons' central register who knowingly and willfully fails to do so shall be civilly liable for the damages proximately caused by such failure.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11569-04-8
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.