2016 New York Laws
SOS - Social Services
Article 11 - (Social Services) 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.
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.