Senator Charles J. Fuschillo, Jr. announced recently that the New York State Senate passed legislation that would require the reporting of suspected cases of abuse of the mentally and physically challenged. Individuals who interact with disabled people in a professional or official capacity would have to file a report with proper authorities if they believe maltreatment is occurring.

"Abuse of the mentally and physically incapacitated continues to escalate and often goes unreported," said Fuschillo. "Victims are either unable or too afraid to report the abuse themselves. By instituting a system that holds each individual caretaker responsible for reporting symptoms of abuse, we help protect these vulnerable citizens."

According to Fuschillo, under the provisions of the bill, any person required to report maltreatment must immediately do so to the proper designated authority and must provide a written report within two business days. The report would detail in what context he or she knows the alleged victim and would describe in detail, the nature of the suspected abuse. Reporters of abuse may also take photographs and X-rays that would be sent to the proper authority along with the written report.

In addition to mandating certain persons to report cases of abuse, the bill also requires that such persons be made aware of their obligation by their employers. The employer must inform the employee in writing, of the proper procedures for reporting suspected abuse.

Persons designated under this legislation who fail to report abuse of the mentally and physically disabled, will be guilty of a Class A misdemeanor and will be civilly liable for any damages that ensue from such failure.

Senator Fuschillo, announced that the New York State Senate gave final legislative passage to legislation that would protect health care whistle blowers from retaliation by their employers.

"This legislation provides safeguards for health care workers who disclose adverse situations in health facilities. It also encourages health care workers to come forward with information concerning a patient's safety," said Fuschillo. "This legislation will enable health care professionals to reveal health care risks without the threat of losing his or her job."

According to Fuschillo, under present law, health care workers who report violations that actually harm patients are protected from being fired, promoted, or punished by their employers. This legislation will offer the same protection in instances where a health care worker reasonably believes that a violation has occurred that could potentially harm a patient.

The legislation would allow judges to fine employers found to have retaliated against whistle blowers. Proceeds from those fines would then go into a new dedicated fund directed toward improving the quality of patient care in New York State.

Senator Charles Fuschillo announced recently that the New York State will act on legislation to commemorate Sept. 11 as an official day of remembrance and to require the American flag to be flown at half-staff at public buildings and encourage the display of the flag throughout the state on that day.

"We will never forget how the tragedy of the terrorist attacks on Sept. 11 changed our lives," Fuschillo said. "These bills are an appropriate way for us to officially commemorate that day, to remember the friends and loved ones we lost, to reflect on the events of that terrible day, and to remember that we must be ever vigilant to protect ourselves against anything like this ever happening again."

According to Fuschillo, one measure makes the appropriate addition of Sept. 11, also to be known as 9/11 Remembrance Day, to the list of days of commemoration recognized in New York State. A related legislation makes the appropriate addition of Sept. 11 to the list of days the flag shall be displayed.

"Our state, our nation and our world are currently fighting a new battle versus a new evil," Fuschillo said. "These cowards changed our lives forever on Sept. 11, but as they attacked our people and buildings, they galvanized our spirit. The devastation in New York City is tragic; we lost too many of the bravest heroes our country has ever known. As a state we need to remember the sacrifice of the FDNY, the NYPD and EMT members that rushed to the scene of the World Trade Center to save thousands of lives."

According to Fuschillo, legislation would also require all public buildings in New York State to fly the flags located on their property at half-staff on the anniversary of the Sept. 11 attacks on the World Trade Center and the Pentagon.