STATE OF NEW YORK ________________________________________________________________________ 5668 2023-2024 Regular Sessions IN SENATE March 13, 2023 ___________ Introduced by Sen. MANNION -- read twice and ordered printed, and when printed to be committed to the Committee on Disabilities AN ACT to amend the mental hygiene law, in relation to establishing a direct support professional worker registry The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13.43 of the mental hygiene law, as added by chap- 2 ter 209 of the laws of 2018, is renumbered section 13.44 and a new 3 section 13.45 is added to read as follows: 4 § 13.45 Direct support professional worker registry. 5 (a) As used in this section, the following terms shall have the 6 following meanings: 7 (1) "Provider" means an entity operating with a certificate issued by 8 the commissioner pursuant to section 16.03 of this title. 9 (2) "Direct support professional worker" or "worker" means any person 10 engaged in or applying to become engaged in providing direct support 11 professional services, as defined by the office in regulation. 12 (3) "Registry" means the direct support professional worker registry. 13 (4) "Direct support professional worker education or training program" 14 or "program" means a program that provides education or training for 15 persons to meet any requirement established by the office for direct 16 support professional worker services, which is approved by the office. 17 (5) "Self-direction program" means the self-direction program imple- 18 mented by the office pursuant to 42 CFR 441 Subpart M or any successor 19 regulation. 20 (b) The office shall develop and maintain a direct support profes- 21 sional worker registry of persons who have successfully completed a 22 direct support professional worker education or training program 23 approved by the commissioner or the accrediting body of other states or 24 federal authorities, including the military. Information in the registry 25 shall be accessible on the office's website by direct support profes- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10170-02-3
S. 5668 2 1 sional workers, persons enrolled in the self-direction program and 2 providers licensed, funded, approved and/or certified by the office, 3 subject to subdivision (h) of this section. 4 (c) Upon successful completion of a direct support professional worker 5 education or training program approved by the commissioner, such worker 6 shall be automatically enrolled in the registry; provided, however, that 7 every worker shall have the option to opt-out of enrollment in the 8 registry in a manner prescribed by the office. Provided, further, that 9 the office, in consultation with the justice center for the protection 10 of people with special needs, shall deny enrollment of any worker who 11 engaged in behavior that constituted abuse or serious neglect, as those 12 terms are defined in section 16.34 of this title, of a patient or 13 consumer in a program licensed, operated, or certified by the office. A 14 worker who is enrolled in the registry shall be notified of such enroll- 15 ment by registered or certified mail within thirty days; provided, 16 however, that the office may offer a paperless electronic notification 17 option to a worker who successfully completes an approved direct support 18 professional worker education or training program. 19 (d) No charges or fees shall be imposed on a direct support profes- 20 sional worker for any costs for registration in or removal from the 21 registry. 22 (e) The registry shall include, but not be limited to, the following 23 information concerning each person who has successfully completed a 24 direct support professional worker training program and who has enrolled 25 to be included in the registry: 26 (1) full name; 27 (2) home address, at the time of submission; 28 (3) gender; 29 (4) date of birth; 30 (5) contact information; 31 (6) the name of each state-approved education or training program 32 successfully completed, the name of the entity providing the program, 33 and the date on which such program was completed; and 34 (7) history of work in direct support professional services through 35 any provider entity, including dates of employment and name of such 36 entity providing the employment. 37 (f) The registry shall include a comprehensive list of all state-ap- 38 proved direct support professional worker education or training 39 programs. The list shall be updated at least monthly by the office. The 40 office shall promptly submit updated information whenever such informa- 41 tion changes. 42 (g) The office shall make the contact details of direct support 43 professional education or training programs approved by the office 44 available on the office's website and readily accessible by the public. 45 (h) (1) A direct support professional worker may access or obtain any 46 information in the worker's own listing in the registry. 47 (2) A provider entity may submit a request, on a form prescribed by 48 the office, to access or obtain any information in the registry relating 49 to any person a provider entity employs or is considering employing to 50 provide direct support professional services, provided, however, that a 51 provider entity shall present clear evidence of consideration of employ- 52 ment or current employment of such person in such form prescribed by the 53 office, provided, further, that the commissioner may deny such access to 54 the registry upon a determination by the commissioner that such provider 55 entity is maliciously accessing the registry.
S. 5668 3 1 (3) An individual enrolled in a self-direction program may access or 2 obtain any information in the registry relating to any person an indi- 3 vidual in self-direction employs or is considering employing to provide 4 direct support professional services. 5 (4) The office shall include security mechanisms in the registry to 6 implement the provisions of this subdivision and to maintain a record of 7 accessing or obtaining information from the registry by every provider 8 entity. 9 (i) The commissioner shall promulgate rules and regulations reasonably 10 necessary to implement the provisions of this section. 11 § 2. This act shall take effect June 1, 2024. Effective immediately, 12 the addition, amendment and/or repeal of any rule or regulation neces- 13 sary for the implementation of this act on its effective date are 14 authorized to be made and completed on or before such effective date.