N.Y. Social Services Law § 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.