Bill Text: NY A00219 | 2023-2024 | General Assembly | Amended

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Bill Title: Relates to the licensure of athletic trainers; adds athletic trainers to the list of persons and officials required to report cases of suspected child abuse or maltreatment.

Spectrum: Slight Partisan Bill (Democrat 42-19)

Status: (Passed) 2023-12-22 - approval memo.59 [A00219 Detail]

Download: New_York-2023-A00219-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         219--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  M.  of  A. SOLAGES, HUNTER, EPSTEIN, FAHY, SANTABARBARA,
          CLARK, GUNTHER, AUBRY, KELLES,  NORRIS,  DeSTEFANO,  BRABENEC,  SIMON,
          GIBBS,  JACOBSON, SILLITTI, BUTTENSCHON, HEVESI, PAULIN, CRUZ, LAVINE,
          CUNNINGHAM,  WEPRIN,  WOERNER,  EICHENSTEIN,  GONZALEZ-ROJAS,  TAYLOR,
          PRETLOW,   WALKER,   JEAN-PIERRE,  DICKENS,  J. M. GIGLIO,  SEAWRIGHT,
          THIELE, HYNDMAN, MIKULIN,  MILLER,  GANDOLFO,  GALLAHAN,  FITZPATRICK,
          HAWLEY,  BURKE,  McDONOUGH, McDONALD, McMAHON, JENSEN, BENDETT, TAGUE,
          J. A. GIGLIO, K. BROWN,  FLOOD,  MCGOWAN,  RAGA,  DARLING,  EACHUS  --
          Multi-Sponsored  by  --  M.  of  A.    BRONSON, STECK -- read once and
          referred to the Committee on Higher Education -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN ACT to amend the education law, in relation to requiring licensure of
          athletic  trainers;  and to amend the social services law, in relation
          to making athletic trainers mandatory  reporters  of  suspected  child
          abuse or maltreatment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 8351 of the education law, as  amended  by  chapter
     2  658 of the laws of 1993, is amended to read as follows:
     3    § 8351. Definition.  1.  As  used  in  this article "athletic trainer"
     4  means any person who is duly [certified]  licensed  in  accordance  with
     5  this  article  to  perform  athletic training under the supervision of a
     6  physician and limits his or her practice to  secondary  schools,  insti-
     7  tutions of postsecondary education, professional athletic organizations,
     8  amateur athletic organizations, non-profit athletic organizations, [or a
     9  person who, under the supervision of a physician, carries out comparable
    10  functions  on  orthopedic athletic injuries, excluding spinal cord inju-
    11  ries, in a health care organization] dance organizations, military acad-
    12  emies and facilities of the United States,  fire  training  programs  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02032-08-3
        A. 219--A                           2

     1  academies,  and  police  training  schools  and academies.   An athletic
     2  trainer may also,  under the supervision of a physician in a health care
     3  organization or a physician's private  practice,  carry  out  comparable
     4  functions on orthopedic athletic injuries.
     5    2.  Supervision of an athletic trainer by a physician shall be contin-
     6  uous but shall not be construed as requiring the  physical  presence  of
     7  the  supervising physician at the time and place where such services are
     8  performed, provided however,  that  such  supervision  shall  include  a
     9  signed written agreement or protocol created collaboratively between the
    10  supervising  physician and licensed athletic trainer. The written agree-
    11  ment or protocol shall address and describe  the  nature  and  scope  of
    12  athletic  training  services  to  be performed by such licensed athletic
    13  trainer, in accordance with this  title.    Such  written  agreement  or
    14  protocol  shall  be  reviewed  at  least  once a year by the supervising
    15  physician and athletic trainer and revised if necessary.   No  physician
    16  shall supervise more than four athletic trainers, except that such limi-
    17  tation  shall  not  apply  for athletic trainers practicing in secondary
    18  schools, and institutions of postsecondary education, who are practicing
    19  under the supervision of a physician who serves as the medical  director
    20  for such school or institution.
    21    3.    An  athletic  trainer shall make a written or oral referral to a
    22  physician of any individual being treated  for  an  orthopedic  athletic
    23  injury  whose  symptoms have not improved for a period of four days from
    24  the day of onset. An individual treated for an orthopedic athletic inju-
    25  ry by an athletic trainer in a healthcare organization or a  physician's
    26  private  practice  shall receive a medical evaluation or reevaluation if
    27  treatment by the athletic trainer exceeds two weeks.
    28    4. The scope of work  described  herein  shall  not  be  construed  as
    29  authorizing  [the  reconditioning  of neurologic injuries, conditions or
    30  disease] the management and treatment of neurological  injuries,  condi-
    31  tions, or diseases, except for initial evaluation and triage of emergent
    32  neurological conditions.
    33    §  2.  Section 8352 of the education law, as amended by chapter 658 of
    34  the laws of 1993, is amended to read as follows:
    35    § 8352. Definition of [practice of] athletic training. The practice of
    36  the profession of athletic training is defined as  [the  application  of
    37  principles, methods and procedures for managing athletic injuries, which
    38  shall include the preconditioning, conditioning and reconditioning of an
    39  individual who has suffered an athletic injury through the use of appro-
    40  priate  preventative  and supportive devices, under the supervision of a
    41  physician and recognizing  illness  and  referring  to  the  appropriate
    42  medical professional with implementation of treatment pursuant to physi-
    43  cian's  orders.  Athletic  training  includes  instruction  to  coaches,
    44  athletes, parents, medical personnel and communities in the area of care
    45  and prevention of athletic injuries.
    46    The scope of work described herein shall not be construed as authoriz-
    47  ing the reconditioning of neurologic injuries, conditions or disease.]:
    48    1. The prevention, recognition, examination,  evaluation,  assessment,
    49  management, treatment and rehabilitation of athletic injuries;
    50    2.  The recognition of illness and referral to the appropriate medical
    51  professional with implementation of treatment  pursuant  to  physician's
    52  orders;
    53    3.  Instruction  to coaches, athletes, parents, medical personnel, and
    54  communities in the area of care and prevention of athletic injuries; and
    55    4. The use of clinically appropriate therapeutic modalities and  tech-
    56  niques, including the use of:
        A. 219--A                           3

     1    (a)  Physical,  chemical,  and  mechanical  means including the use of
     2  heat, cold, light, air, water, sound, electricity, massage, mobilization
     3  as it relates to athletic training, including  non-thrust  mobilization,
     4  and exercise; and
     5    (b)  Appropriate  preventative  and  supportive  devices and temporary
     6  splinting or bracing.
     7    § 3. Section 8353 of the education law, as added by chapter 798 of the
     8  laws of 1992, is amended to read as follows:
     9    § 8353. Use of the  title  "[certified]  licensed  athletic  trainer".
    10  Only  a  person  [certified] licensed or otherwise authorized under this
    11  article shall use the title  "[certified]  licensed  athletic  trainer",
    12  "athletic trainer", or the abbreviation "AT" or "LAT" in connection with
    13  his  or  her  name  or  with any trade name in the conduct of his or her
    14  profession. Only a person licensed or otherwise  authorized  under  this
    15  article shall practice athletic training.
    16    § 4. Section 8354 of the education law, as added by chapter 798 of the
    17  laws of 1992, is amended to read as follows:
    18    § 8354. State  committee for athletic trainers.  A state committee for
    19  athletic trainers shall be appointed by the board of regents,  upon  the
    20  recommendation  of  the  commissioner  and  shall  assist  on matters of
    21  [certification]  professional  licensing  and  professional  conduct  in
    22  accordance  with  section six thousand five hundred eight of this title.
    23  The committee shall consist of [five] seven members [who], five of  whom
    24  are  athletic trainers [certified] licensed in this state, one physician
    25  who is licensed in the state and  certified  by  a  physician  specialty
    26  certification  organization acceptable to the department in the special-
    27  ties of orthopedic surgery, primary care, family practice, sports  medi-
    28  cine,  or  neurology,  and  one  public member that is a consumer of the
    29  profession. The committee shall assist the state board for  medicine  in
    30  athletic  training  matters.  Nominations  and  terms  of  office of the
    31  members of the state committee for athletic trainers  shall  conform  to
    32  the  corresponding  provisions  relating  thereto for state boards under
    33  article one hundred thirty of title eight  of  this  chapter.  [Notwith-
    34  standing  the  foregoing, the members of the first committee need not be
    35  certified prior to their appointment to the committee.]
    36    § 5. Section 8355 of the education law, as added by chapter 798 of the
    37  laws of 1992, is amended to read as follows:
    38    § 8355. Requirements and procedure  for  professional  [certification]
    39  licensure.  [For  certification as a certified] To qualify for a license
    40  as an athletic trainer under this article, an  applicant  shall  fulfill
    41  the following requirements:
    42    1. Application: file an application with the department;
    43    2. Education:  have  received an education including a bachelor's, its
    44  equivalent or higher degree in accordance with the commissioner's  regu-
    45  lations;
    46    3.  Experience:  have experience in accordance with the commissioner's
    47  regulations;
    48    4. Examination: pass an examination in accordance with the commission-
    49  er's regulations;
    50    5. Age: be at least twenty-one years of age; [and]
    51    6. Fees: pay a fee for an initial [certificate] license of one hundred
    52  fifty-eight dollars to the department; and a fee of [fifty]  fifty-eight
    53  dollars for each triennial registration period[.]; and
    54    7.  Character: be of good moral character as determined by the depart-
    55  ment.
        A. 219--A                           4

     1    § 6. Section 8356 of the education law, as amended by chapter  658  of
     2  the laws of 1993, is amended to read as follows:
     3    § 8356. [Special provisions. A person shall be certified without exam-
     4  ination  provided  that,  within  three years from the effective date of
     5  regulations implementing the provisions of this article, the individual:
     6    1. files an application and pays the appropriate fees to  the  depart-
     7  ment; and
     8    2.  meets  the  requirements  of  subdivisions two and five of section
     9  eight thousand three hundred fifty-five of this article and who in addi-
    10  tion:
    11    (a) has been actively engaged in the profession of  athletic  training
    12  for a minimum of four years during the seven years immediately preceding
    13  the effective date of this article; or
    14    (b)  is certified by a United States certifying body acceptable to the
    15  department.] Exempt persons. This article  shall  not  be  construed  to
    16  affect or prevent:
    17    1.   Qualified   members  of  other  licensed  or  legally  recognized
    18  professions from performing work incidental to  the  practice  of  their
    19  profession,  except  that such persons may not hold themselves out under
    20  the title athletic trainer or as performing athletic training.
    21    2. An athletic training student from  engaging  in  clinical  practice
    22  under  the  supervision  of  a  licensed  athletic  trainer as part of a
    23  program of study approved by the department.
    24    3. An athletic trainer licensed  in  another  state  or  country  from
    25  conducting  a  teaching  clinical  demonstration  in  connection  with a
    26  program of basic clinical education, graduate education, or  post-gradu-
    27  ate  education in an approved school of athletic training, or in a clin-
    28  ical facility, or a health care agency.
    29    § 7. The education law is amended by adding a new  section  8356-a  to
    30  read as follows:
    31    § 8356-a. Mandatory continuing education. 1. (a) Each licensed athlet-
    32  ic  trainer,  licensed  pursuant  to  this article, shall be required to
    33  register triennially with the department to practice in  the  state  and
    34  shall  comply  with the provisions of the mandatory continuing education
    35  requirements prescribed in subdivision two of this section except as set
    36  forth in paragraphs (b) and (c) of this subdivision.  Licensed  athletic
    37  trainers who do not satisfy such mandatory continuing education require-
    38  ments shall not practice until they have met such requirements, and have
    39  been  issued a registration certificate, except that a licensed athletic
    40  trainer may practice without having met such requirements if he  or  she
    41  is issued a conditional registration certificate pursuant to subdivision
    42  three of this section.
    43    (b)  Each licensed athletic trainer shall be exempt from the mandatory
    44  continuing education requirement for the triennial  registration  period
    45  during  which he or she is first licensed. In accordance with the intent
    46  of this  section,  adjustment  to  the  mandatory  continuing  education
    47  requirement  may  be  granted  by  the  department for reasons of health
    48  certified by an  appropriate  health  care  professional,  for  extended
    49  active  duty  with  the  armed forces of the United States, or for other
    50  good cause acceptable to the department which may prevent compliance.
    51    (c) A licensed athletic trainer not engaged in practice, as determined
    52  by the department, shall be exempt from the mandatory continuing  educa-
    53  tion  requirement  upon  the  filing  of a statement with the department
    54  declaring such status. Any licensee  who  returns  to  the  practice  of
    55  athletic  training during the triennial registration period shall notify
    56  the department prior to reentering the profession and  shall  meet  such
        A. 219--A                           5

     1  mandatory  education  requirements as shall be prescribed by regulations
     2  of the commissioner.
     3    2.  During each triennial registration period, an applicant for regis-
     4  tration as a licensed athletic  trainer  shall  complete  a  minimum  of
     5  forty-five hours of acceptable formal continuing education, as specified
     6  in  subdivision four of this section, provided that no more than fifteen
     7  hours of such  continuing  education shall consist of self-study  cours-
     8  es.  Any licensed athletic trainer whose first registration date follow-
     9  ing the effective date of this section occurs less than three years from
    10  such effective date shall  complete  continuing  education  hours  on  a
    11  prorated  basis,  as  determined  by  the  department, beginning on such
    12  effective date until his or her first registration  date  thereafter.  A
    13  licensee  who  has  not  satisfied  the  mandatory  continuing education
    14  requirements shall not be issued a triennial registration certificate by
    15  the department and shall not practice unless  and  until  a  conditional
    16  registration  certificate is issued as provided for in subdivision three
    17  of this section. Continuing education hours taken during  one  triennium
    18  shall not be transferred to a subsequent triennium.
    19    3.  The  department, in its discretion, may issue a conditional regis-
    20  tration to a  licensee  who  fails  to  meet  the  continuing  education
    21  requirements  established  in  subdivision  two  of this section but who
    22  agrees to make up any deficiencies and complete any additional education
    23  which the department may require. The fee for such a conditional  regis-
    24  tration shall be the same as, and in addition to, the fee for the trien-
    25  nial  registration.  The duration of such conditional registration shall
    26  be determined by the department but  shall  not  exceed  one  year.  Any
    27  licensee  who  is  notified of the denial of registration for failure to
    28  submit evidence, satisfactory to the department, of required  continuing
    29  education  and who practices without such registration may be subject to
    30  disciplinary proceedings pursuant to section sixty-five hundred  ten  of
    31  this title.
    32    4.  For purposes of this section: (a) "Acceptable learning activities"
    33  shall include, but not be limited to, formal courses of  learning  which
    34  contribute  to  professional  practice in athletic training and/or self-
    35  study activities; independent study; formal mentoring activities; publi-
    36  cation in professional journals; or lectures, which meet  the  standards
    37  prescribed by regulations of the commissioner; and
    38    (b) "Formal courses of learning" shall include, but not be limited to,
    39  collegiate level credit and non-credit courses, professional development
    40  programs  and  technical  sessions  offered by national, state and local
    41  professional associations and any other organizations acceptable to  the
    42  department,  and  any other organized educational and technical programs
    43  acceptable to the department. Formal courses shall be taken from a spon-
    44  sor approved by the department,  based  upon  an  application  and  fee,
    45  pursuant to the regulations of the commissioner.
    46    5.  The  department may, in its discretion and as needed to contribute
    47  to the health and welfare of  the  public,  require  the  completion  of
    48  continuing  education credits in specific subjects to fulfill the manda-
    49  tory continuing education requirement under this section.
    50    6. A licensed athletic trainer shall maintain  adequate  documentation
    51  of  completion  of  acceptable  formal  continuing  education  and shall
    52  provide such documentation at the request of the department. Failure  to
    53  provide  such  documentation upon the request of the department shall be
    54  an act of misconduct subject to  disciplinary  proceedings  pursuant  to
    55  section sixty-five hundred ten of this title.
        A. 219--A                           6

     1    7.  The  mandatory  continuing  education  fee  shall be payable on or
     2  before the first day of each triennial registration period, and shall be
     3  paid in addition to the triennial registration fee required  by  section
     4  eighty-three hundred fifty-five of this article.
     5    § 8. Section 8357 of the education law, as added by chapter 798 of the
     6  laws of 1992, is amended to read as follows:
     7    § 8357. Non-liability  of  [certified]  licensed athletic trainers for
     8  first aid or emergency  treatment.    Notwithstanding  any  inconsistent
     9  provision of any general, special or local law, any [certified] licensed
    10  athletic trainer who voluntarily and without the expectation of monetary
    11  compensation renders first aid or emergency treatment at the scene of an
    12  accident  or other emergency, outside a hospital, doctor's office or any
    13  other place having proper and necessary athletic training equipment,  to
    14  a  person  who  is  unconscious, ill or injured, shall not be liable for
    15  damages for injuries alleged to have been sustained by  such  person  or
    16  for  damages  for  the  death of such person alleged to have occurred by
    17  reason of an act or omission in the rendering of such first aid or emer-
    18  gency treatment unless it is established that such injuries were or such
    19  death was caused by gross negligence on the part of such athletic train-
    20  er.  Nothing in this section shall be deemed or construed to  relieve  a
    21  [certified]  licensed  athletic  trainer  from liability for damages for
    22  injuries or death caused by an act or omission on the part of an athlet-
    23  ic trainer while rendering professional services in the normal and ordi-
    24  nary course of his or her practice.
    25    § 9. Section 8358 of the education law is renumbered section 8360  and
    26  two new sections 8358 and 8359 are added to read as follows:
    27    §  8358. Limited permits. 1. The department may issue a limited permit
    28  to an applicant who meets all qualifications for licensure,  except  the
    29  examination, in accordance with regulations promulgated therefor.
    30    2.  Limited  permits  shall  be  valid  for one year, and such limited
    31  permits may be renewed, at the discretion of  the  department,  for  one
    32  additional year.
    33    3.  The  fee  for  each  limited  permit and for each renewal shall be
    34  seventy dollars.
    35    4. A limited permit holder shall practice only under  the  supervision
    36  of a physician as determined in accordance with the commissioner's regu-
    37  lations.
    38    § 8359. Special provisions. Any person who is certified as an athletic
    39  trainer  on  the  effective date of this article shall be licensed as an
    40  athletic trainer without meeting any additional requirements.
    41    § 10. Paragraph a of subdivision 3 of section 6507  of  the  education
    42  law,  as  amended by chapter 479 of the laws of 2022, is amended to read
    43  as follows:
    44    a. Establish standards for preprofessional and professional education,
    45  experience and licensing examinations as required to implement the arti-
    46  cle for each profession. Notwithstanding any other provision of law, the
    47  commissioner shall establish standards requiring that all persons apply-
    48  ing, on or after January first, nineteen hundred ninety-one,  initially,
    49  or for the renewal of, a license, registration or limited permit to be a
    50  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
    51  trist,  psychiatrist,  psychologist,  licensed  master  social   worker,
    52  licensed  clinical  social  worker,  licensed  creative  arts therapist,
    53  licensed marriage and family therapist, licensed mental  health  counse-
    54  lor,   licensed   psychoanalyst,  dental  hygienist,  licensed  behavior
    55  analyst, [or] certified behavior analyst assistant, or athletic  trainer
    56  shall,  in  addition to all the other licensure, certification or permit
        A. 219--A                           7

     1  requirements, have completed two hours of coursework or training regard-
     2  ing the identification and reporting of child  abuse  and  maltreatment.
     3  The  coursework  or  training  shall  be obtained from an institution or
     4  provider  which  has  been  approved  by  the department to provide such
     5  coursework or training. The coursework or training shall include  infor-
     6  mation  regarding  the physical and behavioral indicators of child abuse
     7  and maltreatment and the statutory reporting  requirements  set  out  in
     8  sections four hundred thirteen through four hundred twenty of the social
     9  services  law,  including but not limited to, when and how a report must
    10  be made, what other actions the reporter is mandated  or  authorized  to
    11  take, the legal protections afforded reporters, and the consequences for
    12  failing to report. Such coursework or training may also include informa-
    13  tion  regarding  the  physical and behavioral indicators of the abuse of
    14  individuals with developmental disabilities and voluntary  reporting  of
    15  abused  or  neglected adults to the office for people with developmental
    16  disabilities or the local adult protective services unit.   Each  appli-
    17  cant  shall provide the department with documentation showing that he or
    18  she has completed the required training. The department shall provide an
    19  exemption from the child abuse and maltreatment training requirements to
    20  any applicant who requests such an  exemption  and  who  shows,  to  the
    21  department's  satisfaction,  that  there would be no need because of the
    22  nature of his or her practice for him or her to complete such training;
    23    § 11. Section 6505-b of the education law, as amended by chapter 10 of
    24  the laws of 2018, is amended to read as follows:
    25    § 6505-b. Course work or  training  in  infection  control  practices.
    26  Every  dentist,  registered nurse, licensed practical nurse, podiatrist,
    27  optometrist, athletic trainer, and dental hygienist  practicing  in  the
    28  state  shall,  on or before July first, nineteen hundred ninety-four and
    29  every four years thereafter, complete course work or training  appropri-
    30  ate  to the professional's practice approved by the department regarding
    31  infection control, which shall include sepsis, and barrier  precautions,
    32  including  engineering  and  work  practice controls, in accordance with
    33  regulatory standards promulgated by the department, in consultation with
    34  the department of health, which shall be consistent, as far as appropri-
    35  ate, with such standards adopted by the department of health pursuant to
    36  section two hundred thirty-nine of the public health law to prevent  the
    37  transmission  of  HIV, HBV, HCV and infections that could lead to sepsis
    38  in the course of professional practice.  Each  such  professional  shall
    39  document  to  the department at the time of registration commencing with
    40  the first registration after July first,  nineteen  hundred  ninety-four
    41  that  the  professional has completed course work or training in accord-
    42  ance with this section, provided, however that a professional subject to
    43  the provisions of paragraph (f) of subdivision one  of  section  twenty-
    44  eight  hundred  five-k of the public health law shall not be required to
    45  so document.  The  department  shall  provide  an  exemption  from  this
    46  requirement to anyone who requests such an exemption and who (i) clearly
    47  demonstrates  to  the  department's  satisfaction that there would be no
    48  need for him or her to complete such course work or training because  of
    49  the  nature  of his or her practice or (ii) that he or she has completed
    50  course work or training deemed by the department to be equivalent to the
    51  course work or training approved by  the  department  pursuant  to  this
    52  section.  The department shall consult with organizations representative
    53  of professions, institutions  and  those  with  expertise  in  infection
    54  control  and HIV, HBV, HCV and infections that could lead to sepsis with
    55  respect  to  the  regulatory  standards  promulgated  pursuant  to  this
    56  section.
        A. 219--A                           8

     1    §  12.  Paragraph  (a)  of  subdivision 1 of section 413 of the social
     2  services law, as amended by section 7 of part C of  chapter  57  of  the
     3  laws of 2018, is amended to read as follows:
     4    (a)  The  following  persons  and  officials are required to report or
     5  cause a report to be made in accordance with this title when  they  have
     6  reasonable  cause  to  suspect  that a child coming before them in their
     7  professional or official capacity is an abused or maltreated  child,  or
     8  when  they have reasonable cause to suspect that a child is an abused or
     9  maltreated child where the parent, guardian, custodian or  other  person
    10  legally  responsible  for  such child comes before them in their profes-
    11  sional or official capacity and states from  personal  knowledge  facts,
    12  conditions or circumstances which, if correct, would render the child an
    13  abused  or maltreated child: any physician; registered physician assist-
    14  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    15  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    16  athletic trainer; psychologist; registered nurse; social  worker;  emer-
    17  gency  medical  technician;  licensed  creative arts therapist; licensed
    18  marriage  and  family  therapist;  licensed  mental  health   counselor;
    19  licensed  psychoanalyst;  licensed  behavior analyst; certified behavior
    20  analyst assistant; hospital personnel engaged in the admission, examina-
    21  tion, care or treatment of persons; a  Christian  Science  practitioner;
    22  school  official,  which  includes but is not limited to school teacher,
    23  school guidance counselor, school psychologist,  school  social  worker,
    24  school nurse, school administrator or other school personnel required to
    25  hold  a teaching or administrative license or certificate; full or part-
    26  time compensated school employee required to hold a  temporary  coaching
    27  license  or  professional  coaching certificate; social services worker;
    28  employee of a publicly-funded emergency shelter for families with  chil-
    29  dren;  director of a children's overnight camp, summer day camp or trav-
    30  eling summer day camp, as such camps are  defined  in  section  thirteen
    31  hundred  ninety-two  of  the  public health law; day care center worker;
    32  school-age child care worker; provider of family  or  group  family  day
    33  care;  employee or volunteer in a residential care facility for children
    34  that is licensed, certified or operated by the office  of  children  and
    35  family  services;  or any other child care or foster care worker; mental
    36  health professional; substance abuse  counselor;  alcoholism  counselor;
    37  all persons credentialed by the office of alcoholism and substance abuse
    38  services;  employees,  who  are expected to have regular and substantial
    39  contact with children, of a health home or health home  care  management
    40  agency contracting with a health home as designated by the department of
    41  health  and  authorized under section three hundred sixty-five-l of this
    42  chapter or such employees who provide home and community based  services
    43  under a demonstration program pursuant to section eleven hundred fifteen
    44  of  the federal social security act who are expected to have regular and
    45  substantial  contact  with  children;  peace  officer;  police  officer;
    46  district  attorney or assistant district attorney; investigator employed
    47  in the office of a district attorney; or other law enforcement official.
    48    § 13. This act shall take effect two years after it shall have  become
    49  a  law;  provided,  however,  that  section seven of this act shall take
    50  effect five years after this act shall  have  become  a  law.  Effective
    51  immediately,  the addition, amendment and/or repeal of any rule or regu-
    52  lation necessary for the implementation of this  act  on  its  effective
    53  date are authorized to be made and completed on or before such date.