Bill Text: NY A07172 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; requires biennial training in the non-discriminatory provision of medical services for physicians, physician assistants, dentists, dental hygienists, registered and licensed practical nurses, podiatrists, and optometrists; authorizes the department of education to develop the training in consultation with the department of health and other experts; provides for documentation and exemption from the requirements; provides for a public education program on minority health; appropriates $100,000 therefor.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2018-01-03 - referred to higher education [A07172 Detail]
Download: New_York-2017-A07172-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7172 2017-2018 Regular Sessions IN ASSEMBLY April 12, 2017 ___________ Introduced by M. of A. DE LA ROSA -- read once and referred to the Committee on Higher Education AN ACT to amend the education law and the public health law, in relation to requiring cultural awareness and competence training for all medical professionals; to amend the public health law, in relation to a public health education program; to amend the insurance law, in relation to requiring health maintenance organizations to provide funding for such cultural awareness and competence training; and making an appropriation therefor 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-d 2 to read as follows: 3 § 6505-d. Course work or training in cultural awareness and compe- 4 tence. 1. Every physician, physician assistant, dentist, registered 5 nurse, licensed practical nurse, podiatrist, optometrist and dental 6 hygienist practicing in the state shall, on or before July first, two 7 thousand seventeen and every two years thereafter, complete course work 8 or training appropriate to the professional's practice approved by the 9 department regarding cultural awareness and competence in the non-dis- 10 criminatory provision of medical services, in accordance with regulatory 11 standards promulgated by the department, in consultation with the 12 department of health. The department shall also consult with organiza- 13 tions representative of professions, institutions and those with exper- 14 tise in cultural awareness and competence with respect to the regulatory 15 standards promulgated pursuant to this section. 16 2. Each such professional shall document to the department at the time 17 of registration commencing with the first registration after July first, 18 two thousand seventeen that the professional has completed course work 19 or training in accordance with this section; provided, however, that a 20 professional subject to the provisions of paragraph (f) of subdivision EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10475-01-7A. 7172 2 1 one of section twenty-eight hundred five-k of the public health law 2 shall not be required to so document. 3 3. The department shall provide an exemption from this requirement to 4 anyone who requests such an exemption and who (i) clearly demonstrates 5 to the department's satisfaction that there would be no need for him or 6 her to complete such course work or training because of the nature of 7 his or her practice or (ii) that he or she has completed course work or 8 training deemed by the department to be equivalent to the course work or 9 training approved by the department pursuant to this section. 10 § 2. Paragraph (f) of subdivision 1 of section 2805-k of the public 11 health law, as amended by chapter 477 of the laws of 2008, is amended to 12 read as follows: 13 (f) Documentation that the physician, dentist or podiatrist has 14 completed the course work or training as mandated by section two hundred 15 thirty-nine of this chapter or section six thousand five hundred five-b 16 of the education law or section sixty-five hundred five-d of the educa- 17 tion law. A hospital or facility shall not grant or renew professional 18 privileges or association to a physician, dentist, or podiatrist who has 19 not completed such course work or training. 20 § 3. Section 206 of the public health law is amended by adding a new 21 subdivision 31 to read as follows: 22 31. The commissioner is authorized and directed to develop and imple- 23 ment a statewide, community-based public health education program to 24 reduce the root causes of disparities in minority health care. Such 25 education program shall be aimed at health care professionals, patients 26 and patient advocates. The commissioner and the department may consult 27 with the appropriate professionals in developing and implementing such a 28 program. The commissioner shall administer any funds appropriated or 29 otherwise provided by law for such health education program. 30 § 4. Paragraph 3 of subsection (d) of section 4310 of the insurance 31 law, as amended by chapter 266 of the laws of 1986, is amended and a new 32 paragraph 4 is added to read as follows: 33 (3) every such corporation shall, after the first full calendar year 34 of doing business, accumulate and maintain a statutory reserve fund 35 which shall from time to time during each calendar year be increased in 36 an amount equal to at least five per centum of the net premium income of 37 such corporation during such whole calendar year until such reserve 38 shall be at least equal to fifty thousand dollars and thereafter such 39 reserve shall be accumulated and maintained in the manner prescribed[.]; 40 (4) each corporation's statutory reserve fund shall be increased at 41 the end of the calendar year to the extent deemed necessary by the 42 superintendent, in consultation with the commissioner of health, to 43 provide capital necessary to establish and maintain the health care 44 provider training in cultural awareness and competence, as provided by 45 section two hundred six of the public health law and section six thou- 46 sand five hundred five-d of the education law. 47 § 5. The sum of one hundred thousand dollars ($100,000), or so much 48 thereof as may be necessary, is hereby appropriated to the department of 49 health out of any moneys in the state treasury in the general fund to 50 the credit of the state purposes account, not otherwise appropriated, 51 and made immediately available, for such purpose of carrying out the 52 provisions of section three of this act. Such moneys shall be payable on 53 the audit and warrant of the comptroller on vouchers certified or 54 approved by the commissioner of health, or his or her duly designated 55 representative in the manner prescribed by law. No expenditure shall be 56 made from this appropriation until a certificate of approval of avail-A. 7172 3 1 ability shall have been issued by the director of the budget and filed 2 with the state comptroller and a copy filed with the chairman of the 3 senate finance committee and the chairman of the assembly ways and means 4 committee. Such certificate may be amended from time to time by the 5 director of the budget and a copy of each such amendment shall be filed 6 with the state comptroller, the chairman of the senate finance committee 7 and the chairman of the assembly ways and means committee. 8 § 6. This act shall take effect immediately.
