Bill Text: NY A03864 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires every physician, physician assistant, specialist assistant, registered nurse and licensed practical nurse to complete course work or training regarding human immunodeficiency virus and sexually transmitted infections testing and the elements of sexual health including sexual orientation and gender identity.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2022-01-05 - referred to higher education [A03864 Detail]
Download: New_York-2021-A03864-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3864 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Higher Education AN ACT to amend the public health law and the education law, in relation to providing course work and training in HIV and STI testing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 239-c to read as follows: 3 § 239-c. Course work or training in HIV and STI testing practices. (a) 4 Every physician, physician assistant and specialist assistant practicing 5 in the state shall, within one year of the effective date of this 6 section and every four years thereafter, complete course work or train- 7 ing, appropriate to the professional's practice, approved by the depart- 8 ment regarding human immunodeficiency virus (HIV) and sexually transmit- 9 ted infections (STI) testing, and the elements of sexual health 10 including sexual orientation and gender identity. Such training shall 11 include best practices for discussing routes and risks of HIV and STI 12 transmission, advising as to the benefits of testing, the concept of 13 informed consent, working with allied health professionals and trained 14 peer health educators to facilitate testing upon consent, and providing 15 respectful and dignified care for patients of all sexual orientations 16 and gender identities, including patients who are intersex. The train- 17 ings shall be conducted in accordance with regulatory standards promul- 18 gated by the department in consultation with the department of educa- 19 tion, to facilitate the testing of HIV and STIs in the course of 20 professional practice. Such course work or training shall also be 21 completed by every medical student, medical resident and physician 22 assistant student in the state as part of the orientation programs 23 conducted by medical schools, medical residency programs and physician 24 assistant programs. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00331-02-1A. 3864 2 1 (b) Every physician, physician assistant, specialist assistant, 2 medical student, medical resident and physician assistant student must 3 provide to the department documentation demonstrating the completion of 4 and competence in the course work or training required under subdivision 5 (a) of this section, provided however, that physicians subject to the 6 provisions of paragraph (f) of subdivision one of section twenty-eight 7 hundred five-k of this chapter shall not be required to provide such 8 documentation to the department. 9 (c) The department shall provide an exemption from the requirements 10 imposed by subdivision (a) of this section to anyone who requests such 11 an exemption and who (i) clearly demonstrates to the department's satis- 12 faction that there would be no need for him or her to complete such 13 course work or training because of the nature of his or her practice or 14 (ii) that he or she has completed course work or training deemed by the 15 department to be equivalent to the standards for course work or training 16 approved by the department pursuant to this section. An individual 17 granted an exemption must reapply to continue such exemption every four 18 years. 19 (d) The department shall consult with organizations representative of 20 professions, institutions, persons living with HIV, persons of all sexu- 21 al orientations and gender identities, persons who are intersex, and 22 those with expertise in issues of consent and medical ethics with 23 respect to the regulatory standards promulgated pursuant to this 24 section. On or before September first, two thousand thirty-one, and 25 periodically thereafter as determined necessary by the commissioner, the 26 department, including its patient safety center, in consultation with 27 the council on graduate medical education, shall review and revise the 28 content of the course work or training in HIV and STI testing practices 29 as necessary to ensure that such content: (i) reflects the current 30 infection control practices and standards accepted and promoted by the 31 medical and scientific communities; (ii) focuses particular attention on 32 instruction in standards of practice for which compliance is suboptimal 33 based on the department's experience; and (iii) emphasizes the impor- 34 tance of working with allied health care professionals and staff, 35 including nurses, patient aides, and peer health educators, in imple- 36 menting best practices in testing and advising. 37 § 2. The education law is amended by adding a new section 6505-d to 38 read as follows: 39 § 6505-d. Course work or training in HIV testing practices. Every 40 registered nurse and licensed practical nurse practicing in the state 41 shall, within one year of the effective date of this section and every 42 four years thereafter, complete course work or training, appropriate to 43 the professional's practice, approved by the department regarding human 44 immunodeficiency virus (HIV) and sexually transmitted infections (STI) 45 testing, and the elements of sexual health including sexual orientation 46 and gender identity, in accordance with regulatory standards promulgated 47 by the department in consultation with the department of health, which 48 shall be consistent, as far as appropriate, with such standards adopted 49 by the department of health pursuant to section two hundred thirty-nine 50 of the public health law. Each professional shall document to the 51 department at the time of registration, commencing with the first regis- 52 tration after this section takes effect that such professional has 53 completed the course work or training in accordance with this section, 54 provided, however, that a professional subject to the provisions of 55 paragraph (f) of subdivision one of section twenty-eight hundred five-k 56 of the public health law shall not be required to submit such document.A. 3864 3 1 The department shall provide an exemption from the requirements imposed 2 by this section to anyone who requests such an exemption and who (i) 3 clearly demonstrates to the department's satisfaction that there would 4 be no need for him or her to complete such course work or training 5 because of the nature of his or her practice or (ii) that he or she has 6 completed course work or training deemed by the department to be equiv- 7 alent to the standards for course work or training approved by the 8 department pursuant to this section. The department shall consult with 9 organizations representative of professions, institutions, persons 10 living with HIV, persons of all sexual orientations and gender identi- 11 ties, persons who are intersex, and those with expertise in issues of 12 consent and medical ethics with respect to the regulatory standards 13 promulgated pursuant to this section. 14 § 3. This act shall take effect immediately.
