2023 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.
(d)  Every  mandated  reporter  is  required  to  make a report to the
register as outlined in paragraph (b) of this subdivision unless (i) the
reporter has actual knowledge that  the  reportable  incident  has  been
reported to the register; and (ii) that the reporter has been named as a
person with knowledge of the incident in such prior report.
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.