Section 2803-P. Disclosure of information concerning family violence  


Latest version.
  • 1. As
      used in this section:
        (a) Domestic violence shall mean acts as referred to in and  qualified
      by section four hundred fifty-nine-a of the social services law.
        (b)  Child  abuse  and  maltreatment  shall  have  the same meaning as
      provided for in section four hundred twelve of the social services law.
        (c) Family violence shall mean any act which would constitute domestic
      violence as defined in paragraph (a) of  this  subdivision  or  any  act
      which  would  constitute  child  abuse  and  maltreatment  as defined in
      paragraph (b) of this subdivision.
        2. Every hospital having maternity and newborn services shall  provide
      information  concerning family violence to parents of newborn infants at
      any time prior to the discharge of the mother.  Such  information  shall
      also  be  provided  by  every  diagnostic  and treatment center offering
      prenatal care services to women upon an  initial  prenatal  care  visit.
      The  commissioner  shall,  in consultation with the state office for the
      prevention of domestic violence and the department of  social  services,
      prepare,  produce  and  transmit  such  notice  to  such  facilities  in
      quantities sufficient to comply with the requirements of  this  section.
      Such  notice  shall  contain  information which shall include but not be
      limited to the effects of family violence and the services available  to
      women and children experiencing family violence.
        Such  information  shall  be  in  clear  and  concise language readily
      comprehensible.  Nothing in this section shall preclude a facility  from
      providing  the  notice required by this section as an addendum to, or in
      connection with, any other information required to be  provided  by  any
      other provision of law, rule or regulation.
        3.  No  cause  of  action  of whatever nature or kind arising out of a
      failure to give or receive the notice required  by  this  section  shall
      accrue  to  any  person  against  the state or any subdivision or agency
      thereof or any hospital or diagnostic  and  treatment  center  providing
      prenatal care services.