BILL NUMBER: S5803
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to requiring the New York city department of corrections and
the New York city health and hospitals corporation to adopt safety poli-
cies and training to protect health care workers
 
PURPOSE:
Requires the New York City department of corrections and the New York
City health and hospitals corporation to adopt safety policies to
protect health care workers who treat incarcerated individuals.
 
SUMMARY OF PROVISIONS:
Section 1. The administrative code of the city of New York is amended by
adding a new section 9-168:
Subsection (a) provides for definitions relevant to this section of law;
Subsection (b) creates a healthcare worker safety policy;
Subsection 2. Requires yearly training for all uniformed staff and all
special officers as defined in law regarding minimum standards to secure
an incarcerated individual in the presence of a health care worker.
Subsection (c) puts in place reporting requirements due every 6 months
to ensure safety policies are being reviewed, implemented, in compliance
and upgraded as needs arise. Also requires a yearly report to the legis-
lature with compilation of all safety protocols in place, new protocols
engaged and recommendations on any actions needed by lawmakers.
Subsection (d) puts in place a right of action to ensure health care
workers harmed during their course of duties due to the negligence of
supervising agencies and authorities have access to recourse for any
harm caused.
Section 2. This act shall take effect immediately.
 
JUSTIFICATION:
Health care professionals working in and with the Department of
Corrections (DOCS), Correctional Health Services (CHS) of NYC Health &
Hospitals (H+H) want the ability to deliver timely and quality care to
detainees and to be able to work through our shift without being
assaulted or killed.
There is a vital shortage of correction officers, a failure to properly
assign correction officers and a failure and inability of the Department
of Corrections (DOC) and Correctional Health Services (CHS) of Health &
Hospitals (H+H) to ensure existing policies are adhered to and to estab-
lish new ones to address the growing health and safety crisis confront-
ing health care workers that also impairs the ability of detainees to
receive needed care in a timely manner.
There is a rising number of health care workers who are working every
shift afraid for their lives, health and safety, and of being harmed.
These health care professionals need to see immediate action and changes
made in how inmates are scheduled for medical care visitations and how
they are supervised during these health care visits.
Meetings by representatives of these health care workers have met with
representatives of NY City, DOC and CHS but not enough is being done to
protect them from the dangerous conditions at Rikers Island and to
ensure that the detainees receive timely health care services. Doctors
have urged and continue to urge for effective measures now before a
medical staff member gets injured or killed. Currently, health care
professionals are yelled at, cursed at, spit at, threatened and
assaulted.
These are tough conditions to work under and deliver quality care in.
The growing health and safety crisis confronting health care workers
also impairs the ability of inmates to receive needed care in a timely
manner.
New admissions are not being processed in a timely manner because there
is no officer in the clinic. Detainees are not brought in for medical
follow up, nursing care, dental, wound care, medical and mental health
follow up. Detainees are not going to X-ray and specialty clinics due to
shortage of correction officers. Mental Health detainees have delayed
wait times in the pen with no mattress, unsanitary conditions and some-
times no medications.
Suggestions for improvement to the current system have met with
responses from DOC and New York City that state that they cannot or will
not make any change or that they admit they violated their own existing
safety policies but there is no clear accountability.
This legislation seeks to set up a mechanism to quickly address these
problems while providing impacted health care professionals with direct
input into existing policies and proposed safety protocols on a routine
basis.
This legislation furthers the incentive for impacted agencies to address
the safety lapses and workplace safety rules and regulations through
strict enforcement by giving health care workers the right of action
against the negligence of supervising entities.
 
LEGISLATIVE HISTORY:
S.5171A of 2023-2024: Reported and Committed to Finance, amended and
recommit to Finance, Print Number 5171A;
S. 9366 of 2021-22: New Bill, Referred to Cities 1
 
FISCAL IMPLICATIONS:
To be determined.
 
LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DA 1E:
Immediately.