NY Soc Serv L § 491 (2021)
2021 New York Laws SOS - Social Services Article 11 - Protection of People With Special Needs 491 - Duty to Report Incidents.

§  491.  Duty  to  report  incidents.  1. (a) Mandated reporters shall report allegations of reportable incidents to  the  vulnerable  persons' central  register  as  established by section four hundred ninety-two of this article and in accordance with the requirements set forth therein.  (b) Allegations of reportable incidents shall be reported  immediately to the vulnerable persons' central register upon discovery. For purposes of this article, "discovery" occurs when the mandated reporter witnesses a  suspected  reportable  incident or when another person, including the vulnerable person, comes before the mandated reporter  in  the  mandated reporter's  professional  or official capacity and provides the mandated reporter with reasonable cause to suspect that the vulnerable person has been subjected to a reportable incident. A report to the register  shall include the name, title and contact information of every person known to the  mandated  reporter  to  have  the  same information as the mandated reporter concerning the reportable incident. Nothing in this subdivision shall be construed to prohibit a mandated reporter  from  contacting  or reporting  to  law  enforcement  or  emergency  services before or after reporting to the vulnerable persons' central register.  (c) The  substance  or  content  of  any  psychological,  psychiatric, therapeutic,  clinical or medical reports, evaluations or like materials or information pertaining to the treatment of a patient or client  of  a mandatory  reporter who reports a reportable incident of such patient or client pursuant to this article, must  be  provided  by  such  mandatory reporter upon request of the justice center for the protection of people with   special   needs   if  such  records  are  essential  for  a  full investigation  of  such  allegation,  notwithstanding   any   applicable privilege which would otherwise bar the disclosure of such materials and records  pursuant  to  article  forty-five of the civil practice law and rules or other provision of law except applicable federal law  governing the disclosure of patient and related medical records.   2. Any person or official required to report allegations of reportable incidents  pursuant  to this section may take or cause to be taken color photographs of visible trauma and the  face  of  the  vulnerable  person named  in  the  report  and  upon  the consent of a person authorized to consent to medical care for the vulnerable person, shall,  if  medically indicated,  cause  to  be  performed  a  radiological examination of the vulnerable person. Any photographs or  radiological  examinations  taken shall be provided to the justice center for use only for the purposes of an investigation of a reportable incident.   3.  (a)  Any  human  services professional 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 guilty of a class A misdemeanor.  (b) 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.   4.  A  medical  or  other public or private institution, state agency, school, facility or provider agency or its vendors or contractors  shall not  take  any  retaliatory personnel action, as such term is defined in paragraph (e) of subdivision one of section seven hundred forty  of  the labor  law, against an employee or agent or vendor or contractor because such employee or agent or vendor or contractor believes that he  or  she has  reasonable  cause  to  suspect  that  a  vulnerable person has been  subjected to a reportable incident and that employee or agent or  vendor or  contractor  therefore makes a report in accordance with this section and/or cooperated with the investigation of  a  reportable  incident.  A court  of  competent  jurisdiction  may  grant  injunctive relief to any person determined to have been subjected to such retaliation.   5. State oversight  agencies  shall  ensure  that  all  facilities  or provider  agencies  operated,  licensed,  or  certified  by  such  state oversight agencies have policies and procedures in place to identify and report possible crimes against a service recipient by a custodian. State oversight agencies shall provide  guidance  to  facilities  or  provider agencies  operated,  licensed,  or  certified  by  such  state oversight agencies that do not  already  have  policies  and  procedures  for  the identification and reporting of possible crimes.