Bill Text: NY A01251 | 2023-2024 | General Assembly | Introduced


Bill Title: Relates to requiring opioid training for medical professionals to reduce patient opioid abuse and reliance including nurses, nurse practitioners, psychologists, certain social workers, mental health counselors, marriage and family therapists, psychoanalysts, physical therapists, physical therapist assistants, and occupational therapists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to higher education [A01251 Detail]

Download: New_York-2023-A01251-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1251

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Higher Education

        AN ACT to amend the education  law,  in  relation  to  requiring  opioid
          training  for medical professionals to reduce patient opioid abuse and
          reliance

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

     1    Section 1. The education law is amended by adding a new section 6505-e
     2  to read as follows:
     3    §  6505-e.  Course  work  or training to address patient substance use
     4  disorders. 1.   Every registered nurse, licensed  practical  nurse,  and
     5  nurse  practitioner  practicing in the state who provides direct medical
     6  services to patients in this state shall, on or before July  first,  two
     7  thousand  twenty-four and every registration period thereafter, complete
     8  at least two hours of course work or training  on  ways  to  prevent  or
     9  address  patient  substance  use  disorder  in  the provision of medical
    10  services in accordance  with  regulated  standards  promulgated  by  the
    11  department, in consultation with the department of health and the office
    12  of  addiction  services  and supports. Such training shall be updated as
    13  necessary according to best  practices  for  providing  patient-centered
    14  care  with  consideration  given  to  social  determinants of health and
    15  co-occurring disorders. Course work or training shall include,  but  not
    16  be  limited  to: techniques for managing pain; prevention, screening and
    17  signs of substance use disorders; appropriate responses to substance use
    18  disorders; techniques that will reduce the likelihood  of  overdose  and
    19  the  spread  of blood-borne diseases by those who use drugs; and medica-
    20  tions used for the treatment of substance use disorders. In promulgating
    21  regulatory standards pursuant to this section the department is  advised
    22  to  consult  with  organizations  representative  of professions, insti-
    23  tutions and those with expertise in harm reduction strategies and in the
    24  treatment of substance use disorders.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01236-01-3

        A. 1251                             2

     1    2. As used in this section, "acceptable formal  continuing  education"
     2  shall  mean formal programs of learning which contribute to professional
     3  practice and which meet the standards prescribed by regulations  of  the
     4  commissioner. To fulfill the mandatory continuing education requirement,
     5  programs  must  be taken from sponsors having the facilities, equipment,
     6  and financial and physical resources  to  provide  continuing  education
     7  courses,  approved by the department, pursuant to the regulations of the
     8  commissioner. Continuing education may be provided in an  internet-based
     9  course format as approved by the department.
    10    3.  Each  such professional shall attest to the department at the time
    11  of registration commencing with the first registration after July first,
    12  two thousand twenty-four that the professional has completed course work
    13  or training in accordance with this section.
    14    4. The department shall provide an exemption from this requirement  to
    15  anyone who requests such an exemption and who:
    16    a.  clearly  demonstrates  to the department's satisfaction that there
    17  would be no need for him or her to complete such course work or training
    18  because of the nature of his or her practice;
    19    b. has completed course work or training deemed by the  department  to
    20  be  equivalent to the course work or training approved by the department
    21  pursuant to this section; or
    22    c. is a medical professional who is on a tour of extended active  duty
    23  with the armed forces of the United States.
    24    5.  The commissioner is authorized to promulgate regulations to imple-
    25  ment the provisions of this section.
    26    6. Any person subject to the provisions of this section,  who  falsely
    27  attests  to  having completed the required course work or training shall
    28  be subject to professional misconduct as provided by  subdivision  twen-
    29  ty-one  of  section sixty-five hundred thirty of this title and subdivi-
    30  sion nine of section sixty-five hundred nine of this title.
    31    § 2. Section 7607 of the education law is  amended  by  adding  a  new
    32  subdivision 2-a to read as follows:
    33    2-a.  Every  psychologist  practicing  in  the state shall complete at
    34  least two hours of course work or training, as part of mandatory contin-
    35  uing education requirements, on ways to prevent or address substance use
    36  disorder in the provision of psychological services in  accordance  with
    37  regulated  standards promulgated by the department, in consultation with
    38  the department of health  and  the  office  of  addiction  services  and
    39  supports.  Such training shall be updated as necessary according to best
    40  practices for providing patient-centered care.  Course work or  training
    41  shall  include,  but  not  be  limited  to: pain management; prevention,
    42  screening and signs of substance use disorders; appropriate responses to
    43  substance use disorders; and harm reduction strategies. In  promulgating
    44  regulatory  standards pursuant to this section the department is advised
    45  to consult with  organizations  representative  of  professions,  insti-
    46  tutions and those with expertise in harm reduction strategies and in the
    47  treatment of substance use disorders.
    48    §  3.  Section  7710  of  the education law is amended by adding a new
    49  subdivision 2-a to read as follows:
    50    2-a. Every licensed master social worker or licensed  clinical  social
    51  worker  practicing  in  the  state  shall complete at least two hours of
    52  course work or training,  as  part  of  mandatory  continuing  education
    53  requirements,  on  ways  to prevent or address substance use disorder in
    54  accordance with regulated standards promulgated by  the  department,  in
    55  consultation  with  the department of health and the office of addiction
    56  services and supports. Such  training  shall  be  updated  as  necessary

        A. 1251                             3

     1  according  to best practices for providing patient-centered care. Course
     2  work or training shall include, but not be limited to: pain  management;
     3  prevention,  screening and signs of substance use disorders; appropriate
     4  responses  to substance use disorders; and harm reduction strategies. In
     5  promulgating regulatory standards pursuant to this section  the  depart-
     6  ment   is  advised  to  consult  with  organizations  representative  of
     7  professions, institutions and those with  expertise  in  harm  reduction
     8  strategies and in the treatment of substance use disorders.
     9    §  4.  Section  8412  of  the education law is amended by adding a new
    10  subdivision 2-a to read as follows:
    11    2-a. Every licensed mental health counselor, marriage and family ther-
    12  apist, and psychoanalyst practicing in the state shall complete at least
    13  two hours of course work or training, as part  of  mandatory  continuing
    14  education  requirements,  on  ways  to  prevent or address substance use
    15  disorder in accordance  with  regulated  standards  promulgated  by  the
    16  department, in consultation with the department of health and the office
    17  of  addiction  services  and supports. Such training shall be updated as
    18  necessary according to best  practices  for  providing  patient-centered
    19  care. Course work or training shall include, but not be limited to: pain
    20  management;  prevention, screening and signs of substance use disorders;
    21  appropriate responses to substance use  disorders;  and  harm  reduction
    22  strategies.  In  promulgating  regulatory  standards  pursuant  to  this
    23  section the department is advised to consult with  organizations  repre-
    24  sentative  of professions, institutions and those with expertise in harm
    25  reduction strategies and in the treatment of substance use disorders.
    26    § 5. Section 6742-a of the education law is amended by  adding  a  new
    27  subdivision 2-a to read as follows:
    28    2-a.  Every  licensed physical therapist and certified physical thera-
    29  pist assistant practicing in the state shall complete at least two hours
    30  of course work or training, as part of  mandatory  continuing  education
    31  requirements,  on  ways  to prevent or address substance use disorder in
    32  accordance with regulated standards promulgated by  the  department,  in
    33  consultation  with  the department of health and the office of addiction
    34  services and supports. Such  training  shall  be  updated  as  necessary
    35  according  to best practices for providing patient-centered care. Course
    36  work or training shall include, but not be limited to: pain  management,
    37  prevention,  screening and signs of substance use disorders; appropriate
    38  responses to substance use disorders; and harm reduction strategies.  In
    39  promulgating  regulatory  standards pursuant to this section the depart-
    40  ment  is  advised  to  consult  with  organizations  representative   of
    41  professions,  institutions  and  those  with expertise in harm reduction
    42  strategies and in the treatment of substance use disorders.
    43    § 6. Section 7908 of the education law is  amended  by  adding  a  new
    44  subdivision 2-a to read as follows:
    45    (2-a)  Every  occupational  therapist  practicing  in  the state shall
    46  complete at least two hours of course  work  or  training,  as  part  of
    47  mandatory  continuing  education  requirements,  on  ways  to prevent or
    48  address substance use disorder in accordance  with  regulated  standards
    49  promulgated  by  the  department, in consultation with the department of
    50  health and the office of addiction services and supports. Such  training
    51  shall  be updated as necessary according to best practices for providing
    52  patient-centered care. Course work or training shall include, but not be
    53  limited to:    pain  management;  prevention,  screening  and  signs  of
    54  substance  use  disorders; appropriate responses to substance use disor-
    55  ders; and harm reduction strategies. In promulgating  regulatory  stand-
    56  ards  pursuant to this section the department is advised to consult with

        A. 1251                             4

     1  organizations representative of professions, institutions and those with
     2  expertise in harm reduction strategies and in the treatment of substance
     3  use disorders.
     4    §  7.   Section 6554-a of the education law is amended by adding a new
     5  subdivision 2-a to read as follows:
     6    2-a. Every chiropractor practicing in  the  state  shall  complete  at
     7  least two hours of course work or training, as part of mandatory contin-
     8  uing education requirements, on ways to prevent or address substance use
     9  disorder  in  accordance  with  regulated  standards  promulgated by the
    10  department, in consultation with the department of health and the office
    11  of addiction services and supports. Such training shall  be  updated  as
    12  necessary  according  to  best  practices for providing patient-centered
    13  care. Course work or training shall include, but not be limited to: pain
    14  management; prevention, screening and signs of substance use  disorders;
    15  appropriate  responses  to  substance  use disorders; and harm reduction
    16  strategies.  In  promulgating  regulatory  standards  pursuant  to  this
    17  section  the  department is advised to consult with organizations repre-
    18  sentative of professions, institutions and those with expertise in  harm
    19  reduction strategies and in the treatment of substance use disorders.
    20    §  8.    This  act  shall take effect on the one hundred eightieth day
    21  after it shall have become a law; provided,  however,  section  five  of
    22  this  act  shall  take effect on the same date and in the same manner as
    23  chapter 511 of the laws of 2022, takes effect.
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