N.Y. Public Health Law 2805-Z – Hospital domestic violence policies and procedures
§ 2805-z. Hospital domestic violence policies and procedures. 1. Every general hospital shall: (a) develop, maintain and disseminate written policies and procedures for the identification, assessment, treatment and referral of confirmed or suspected cases of domestic violence; (b) establish, and implement on an ongoing basis, a training program for all nursing, medical, social work and other clinical personnel, and security personnel working in hospital service units regarding the policies and procedures established pursuant to this section; and (c) designate a staff member to contact the domestic violence or victim assistance organization identified by the commissioner under subdivision three of this section providing victim assistance to the geographic area served by such hospital to establish the coordination of services to domestic violence victims.
Terms Used In N.Y. Public Health Law 2805-Z
- General hospital: means a hospital engaged in providing medical or medical and surgical services primarily to in-patients by or under the supervision of a physician on a twenty-four hour basis with provisions for admission or treatment of persons in need of emergency care and with an organized medical staff and nursing service, including facilities providing services relating to particular diseases, injuries, conditions or deformities. See N.Y. Public Health Law 2801
- Hospital: means a facility or institution engaged principally in providing services by or under the supervision of a physician or, in the case of a dental clinic or dental dispensary, of a dentist, or, in the case of a midwifery birth center, of a midwife, for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, public health center, diagnostic center, treatment center, a rural emergency hospital under 42 USC 1395x(kkk), or successor provisions, dental clinic, dental dispensary, rehabilitation center other than a facility used solely for vocational rehabilitation, nursing home, tuberculosis hospital, chronic disease hospital, maternity hospital, midwifery birth center, lying-in-asylum, out-patient department, out-patient lodge, dispensary and a laboratory or central service facility serving one or more such institutions, but the term hospital shall not include an institution, sanitarium or other facility engaged principally in providing services for the prevention, diagnosis or treatment of mental disability and which is subject to the powers of visitation, examination, inspection and investigation of the department of mental hygiene except for those distinct parts of such a facility which provide hospital service. See N.Y. Public Health Law 2801
- Hospital service: means the preadmission, out-patient, in-patient and post discharge care provided in or by a hospital, and such other items or services as are necessary for such care, which are provided by or under the supervision of a physician for the purpose of prevention, diagnosis or treatment of human disease, pain, injury, disability, deformity or physical condition, including, but not limited to, nursing service, home-care nursing and other paramedical service, ambulance service, service provided by an intern or resident in training, laboratory service, medical social service, drugs, biologicals, supplies, appliances, equipment, bed and board. See N.Y. Public Health Law 2801
2. Upon admittance or commencement of treatment of a confirmed or suspected domestic violence victim, such hospital shall advise the victim of the availability of the services of a domestic violence or victim assistance organization. If after receiving such advice the domestic violence victim wishes the presence of a domestic violence or victim assistance advocate, such hospital shall contact the appropriate organization and request that one be provided.
3. The commissioner shall promulgate such rules and regulations as may be necessary and proper to carry out effectively the provisions of this section. Prior to promulgating such rules and regulations, the commissioner shall consult with the office for the prevention of domestic violence and other such persons as the commissioner deems necessary to develop a model policy for hospitals to utilize in complying with this section and to identify the domestic violence or victim assistance organizations operating in each hospital's geographic area, a list of which the commissioner shall provide to hospitals with the model policy.