BILL NUMBER: S4445
SPONSOR: STEC
 
TITLE OF BILL:
An act to amend the social services law, in relation to enacting the
"Jamie Rose care provider act"
 
PURPOSE:
Enacts the "Jamie Rose care provider act" to require health care facili-
ties and health care practitioners to have procedures regarding
suspected domestic violence.
 
SUMMARY OF PROVISIONS:
Section 1 defines the act as the Jamie Rose care provider act.
Section 2 amends social services law by adding a new section on
suspected domestic abuse and health care facilities. Section 2a provides
a definition of health care facility as defined in public health law
that does not include hospitals. Section 2b defines a health care prac-
titioner as someone who is licensed under specific sections of the
public health law. Subsection 2 requires health care facilities to
develop, maintain, and disseminate written policies and procedures for
the identification, assessment, treatment, and referral of confirmed or
suspected domestic violence cases as well as establish an ongoing train-
ing program for all nursing, medical, social work and other clinical
personnel, and security personnel regarding these policies. This
subsection additionally requires a health care facility to designate a
staff member to contact domestic violence or victim assistance organiza-
tion identified by the Commissioner of Health as providing these
services in the geographic area.
Subsection 3 requires health care facilities to advise suspect domestic
violence survivors of the services available in their region and must
provide a domestic violence or victim assistance advocate if asked.
Subsection 4 requires the Commissioner of Health to meet with the Office
of the Prevention of Domestic Violence and whoever is deemed necessary
to create a model policy to effectively carry out these requirements.
The Commissioner of Health is also required to come up with a list of
agencies in each health care facility's geographic area and provide this
list with the model policy.
Section 3 provides the enacting clause, which will take effect one year
after it shall become law.
 
JUSTIFICATION:
Jamie Rose, a young woman from Tupper Lake, and her estranged partner
with a history of domestic violence were at the doctor's office. While
at the doctor's office, Jamie's estranged partner made audible verbal
threats, heard by staff of the doctor's office, on Jamie's life. Under
current law, no one who was working in the doctor's office who heard the
threats would have been required to ensure Jamie's safety. Sadly, after
the appointment, Jamie was murdered by her estranged partner.
All too often, survivors of domestic violence are unaware of the help
they can receive within their communities. This legislation will require
health care facilities to have an internal policy for reporting
suspected cases of domestic violence and to train personnel on this
policy and designating a staff member as the point of contact for domes-
tic violence support services. Additionally, each health care facility
will have access to a list of these providers and will be required to
reach out to an advocate if asked. This will help the many domestic
violence survivors, which are in a similar situation as Jamie was, to
ensure that they know there are reliable resources in their community to
provide help and support.
 
LEGISLATIVE HISTORY:
05/01/19 referred to social services
01/08/20 referred to social services
01/06/21 referred to social services
01/05/22 referred to social services
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
Effective one year after it becomes law.