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.