Bill Text: NY A09828 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires cultural awareness and competence training for medical professionals, including two hours of course work encompassing minority healthcare issues.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-04-25 - print number 9828a [A09828 Detail]

Download: New_York-2021-A09828-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9828

                   IN ASSEMBLY

                                     April 19, 2022
                                       ___________

        Introduced  by  M. of A. CRUZ -- 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  medical
          professionals

          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 nurse prac-
     6  titioner practicing in the state who provides direct medical services to
     7  patients in this state shall, on or  before  July  first,  two  thousand
     8  twenty-three  and  every registration period thereafter, complete course
     9  work or training regarding cultural  awareness  and  competence  in  the
    10  provision  of  medical  services in accordance with  regulated standards
    11  promulgated by the department, in consultation with  the  department  of
    12  health.  Such  cultural awareness and competence course work or training
    13  shall require two hours of course work or training encompassing minority
    14  healthcare issues including ethnic, religious, linguistic, sexual orien-
    15  tation and gender identity healthcare issues and their impact on minori-
    16  ty healthcare. 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
    19  cultural awareness and competence.
    20    2.  As  used in this section, "acceptable formal continuing education"
    21  shall mean formal programs of learning which contribute to  professional
    22  practice  and  which meet the standards prescribed by regulations of the
    23  commissioner. To fulfill the mandatory continuing education requirement,
    24  programs must be taken from sponsors having the  facilities,  equipment,
    25  and  financial  and  physical  resources to provide continuing education
    26  courses, approved by the department, pursuant to the regulations of  the
    27  commissioner.  Continuing education may be provided in an internet-based
    28  course format as approved by the department.
    29    3.  Each  such professional shall attest to the department at the time
    30  of registration commencing with the first registration after July first,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03050-02-2
        A. 9828                             2

     1  two thousand twenty-three that the  professional  has  completed  course
     2  work or training in accordance with this section.
     3    4.  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; (ii) has completed course work or training deemed
     8  by the department to be  equivalent  to  the  course  work  or  training
     9  approved by the department pursuant to this section; (iii) has completed
    10  course  work or training pertaining to cultural awareness and competence
    11  which has been incorporated as part of a risk management course  offered
    12  pursuant  to subsection (e) of section two thousand three hundred forty-
    13  three of the insurance law, provided that such educational  content  has
    14  been  approved by the superintendent of financial services; or (iv) is a
    15  medical professional who is on a tour of extended active duty  with  the
    16  armed forces of the United States.
    17    5.  At the beginning of each registration period, a mandatory continu-
    18  ing  education  fee  of five dollars shall be collected from all persons
    19  required to complete the course  work  and  training  required  by  this
    20  section;  provided  that  any  person obtaining an exemption pursuant to
    21  subdivision four of this section shall not be required to pay such  five
    22  dollar  fee.  This fee shall be in addition to all other existing regis-
    23  tration fees.
    24    6. The commissioner is authorized to promulgate regulations to  imple-
    25  ment the provisions of this section.
    26    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.  Paragraph  (f) of subdivision 1 of section 2805-k of the public
    32  health law, as amended by chapter 477 of the laws of  2008,  is  amended
    33  and a new subdivision 5 is added to read as follows:
    34    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
    35  completed the course work or training as mandated by section two hundred
    36  thirty-nine of this chapter or section [six  thousand  five]  sixty-five
    37  hundred five-b of the education law or section sixty-five hundred five-d
    38  of  the  education law.  A hospital or facility shall not grant or renew
    39  professional privileges or  association  to  a  physician,  dentist,  or
    40  podiatrist who has not completed such course work or training.  A hospi-
    41  tal  or  facility shall not knowingly grant or renew professional privi-
    42  leges or association to anyone  required  to  complete  course  work  or
    43  training  unless  said person has attested to having taken such required
    44  course work or training.
    45    5. Prior to hiring or otherwise granting  privileges  to  a  physician
    46  assistant,  registered nurse, licensed practical nurse or optometrist or
    47  a hospital or facility approved pursuant to this article  shall  request
    48  from  such  person documentation that he or she has completed the course
    49  work or training as mandated by section sixty-five hundred five-d of the
    50  education law. A hospital or facility shall not hire or otherwise  grant
    51  privileges  to a physician assistant, registered nurse, licensed practi-
    52  cal nurse or optometrist who has  not  completed  such  course  work  or
    53  training.
    54    § 3.  This act shall take effect immediately.