N.Y. Public Health Law 2805-Y – Identification and assessment of human trafficking victims
§ 2805-y. Identification and assessment of human trafficking victims. 1. As used in this section:
Terms Used In N.Y. Public Health Law 2805-Y
- 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
(a) "human trafficking victim" shall have the meaning set forth in § 483 of the social services law;
(b) "subject facility" shall mean a general hospital, public health center, diagnostic center, treatment center or outpatient department;
(c) "subject facility personnel" shall mean nursing, medical, social work and other clinical care personnel, and security personnel in the subject facility service units; and
(d) "subject facility service units" shall mean the service units of the subject facility that include the following areas: (i) emergency services; (ii) pediatrics; (iii) obstetrics and gynecology; (iv) orthopedics; (v) internal medicine; (vi) family medicine; (vii) radiology; (viii) surgery; (ix) psychiatry; and (x) dental services to the extent the subject facility maintains a dental clinic, center or department on site of the subject facility.
2. Every subject facility shall provide for the identification, assessment, and appropriate treatment or referral of persons suspected as human trafficking victims, and in the case of persons under eighteen years old, the reporting of such persons as an abused or maltreated child if required under title six of Article 6 of the social services law. The subject facility shall establish and implement written policies and procedures under this section which shall apply to all subject facility service units.
3. Every subject facility shall provide, on an ongoing basis, to all subject facility personnel training regarding the policies and procedures established under this section, including training in the recognition of indicators of a human trafficking victim and the responsibilities of such personnel in dealing with persons suspected as human trafficking victims. Such training may be incorporated as part of the subject facility's existing training programs, provided that the training includes all of the requirements of this section.
4. The commissioner may identify organizations or providers for consideration by subject facilities to provide training under this section. The commissioner may, in consultation with the office of temporary and disability assistance and the office of children and family services, make regulations under this section.