Bill Text: NY S00954 | 2015-2016 | 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.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2016-02-05 - PRINT NUMBER 954A [S00954 Detail]

Download: New_York-2015-S00954-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          954
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2015
                                      ___________
       Introduced  by  Sens.  SERRANO,  HASSELL-THOMPSON,  KRUEGER, MONTGOMERY,
         PERKINS, SAMPSON, SANDERS, SAVINO -- read twice and  ordered  printed,
         and when printed to be committed 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    S  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  FIFTEEN AND EVERY REGISTRATION PERIOD THEREAFTER, COMPLETE  COURSE  WORK
    9  OR TRAINING REGARDING CULTURAL AWARENESS AND COMPETENCE IN THE PROVISION
   10  OF  MEDICAL SERVICES IN ACCORDANCE WITH  REGULATED STANDARDS PROMULGATED
   11  BY THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH.  SUCH
   12  CULTURAL  AWARENESS AND COMPETENCE COURSE WORK OR TRAINING SHALL REQUIRE
   13  TWO HOURS OF COURSE WORK OR TRAINING  ENCOMPASSING  MINORITY  HEALTHCARE
   14  ISSUES  INCLUDING  ETHNIC, RELIGIOUS, LINGUISTIC, SEXUAL ORIENTATION AND
   15  GENDER IDENTITY HEALTHCARE ISSUES AND THEIR IMPACT ON  MINORITY  HEALTH-
   16  CARE.  IN PROMULGATING REGULATORY STANDARDS PURSUANT TO THIS SECTION THE
   17  DEPARTMENT IS ADVISED TO CONSULT WITH  ORGANIZATIONS  REPRESENTATIVE  OF
   18  PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPERTISE IN CULTURAL AWARENESS
   19  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,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00794-02-5
       S. 954                              2
    1  PROGRAMS MUST BE TAKEN FROM SPONSORS HAVING THE  FACILITIES,  EQUIPMENT,
    2  AND  FINANCIAL  AND  PHYSICAL  RESOURCES TO PROVIDE CONTINUING EDUCATION
    3  COURSES, APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF  THE
    4  COMMISSIONER.  CONTINUING EDUCATION MAY BE PROVIDED IN AN INTERNET-BASED
    5  COURSE FORMAT AS APPROVED BY THE DEPARTMENT.
    6    3.  EACH  SUCH PROFESSIONAL SHALL ATTEST TO THE DEPARTMENT AT THE TIME
    7  OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
    8  TWO THOUSAND FOURTEEN THAT THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
    9  TRAINING IN ACCORDANCE WITH THIS SECTION.
   10    4. THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT  TO
   11  ANYONE  WHO REQUESTS SUCH AN EXEMPTION AND WHO: (I) CLEARLY DEMONSTRATES
   12  TO THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM  OR
   13  HER  TO  COMPLETE  SUCH COURSE WORK OR TRAINING BECAUSE OF THE NATURE OF
   14  HIS OR HER PRACTICE; (II) HAS COMPLETED COURSE WORK OR  TRAINING  DEEMED
   15  BY  THE  DEPARTMENT  TO  BE  EQUIVALENT  TO  THE COURSE WORK OR TRAINING
   16  APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION; (III) HAS COMPLETED
   17  COURSE WORK OR TRAINING PERTAINING TO CULTURAL AWARENESS AND  COMPETENCE
   18  WHICH  HAS BEEN INCORPORATED AS PART OF A RISK MANAGEMENT COURSE OFFERED
   19  PURSUANT TO SUBDIVISION  (E)  OF  SECTION  TWO  THOUSAND  THREE  HUNDRED
   20  FORTY-THREE OF THE INSURANCE LAW, PROVIDED THAT SUCH EDUCATIONAL CONTENT
   21  HAS  BEEN  APPROVED BY THE SUPERINTENDENT OF FINANCIAL SERVICES; OR (IV)
   22  IS A MEDICAL PROFESSIONAL WHO IS ON A TOUR OF EXTENDED ACTIVE DUTY  WITH
   23  THE ARMED FORCES OF THE UNITED STATES.
   24    5.  AT THE BEGINNING OF EACH REGISTRATION PERIOD, A MANDATORY CONTINU-
   25  ING  EDUCATION  FEE  OF FIVE DOLLARS SHALL BE COLLECTED FROM ALL PERSONS
   26  REQUIRED TO COMPLETE THE COURSE  WORK  AND  TRAINING  REQUIRED  BY  THIS
   27  SECTION;  PROVIDED  THAT  ANY  PERSON OBTAINING AN EXEMPTION PURSUANT TO
   28  SUBDIVISION FOUR OF THIS SECTION SHALL NOT BE REQUIRED TO PAY SUCH  FIVE
   29  DOLLAR  FEE.  THIS FEE SHALL BE IN ADDITION TO ALL OTHER EXISTING REGIS-
   30  TRATION FEES.
   31    6. THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO  IMPLE-
   32  MENT THE PROVISIONS OF THIS SECTION.
   33    ANY  PERSON  SUBJECT  TO  THE  PROVISIONS OF THIS SECTION, WHO FALSELY
   34  ATTESTS TO HAVING COMPLETED THE REQUIRED COURSE WORK OR  TRAINING  SHALL
   35  BE  SUBJECT  TO PROFESSIONAL MISCONDUCT AS PROVIDED BY SUBDIVISION TWEN-
   36  TY-ONE OF SECTION SIXTY-FIVE HUNDRED THIRTY OF THIS TITLE  AND  SUBDIVI-
   37  SION NINE OF SECTION SIXTY-FIVE HUNDRED NINE OF THIS TITLE.
   38    S  2.  Paragraph  (f) of subdivision 1 of section 2805-k of the public
   39  health law, as amended by chapter 477 of the laws of  2008,  is  amended
   40  and a new subdivision 5 is added to read as follows:
   41    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
   42  completed the course work or training as mandated by section two hundred
   43  thirty-nine of this chapter or section [six  thousand  five]  SIXTY-FIVE
   44  hundred five-b of the education law OR SECTION SIXTY-FIVE HUNDRED FIVE-D
   45  OF  THE  EDUCATION LAW.  A hospital or facility shall not grant or renew
   46  professional privileges or  association  to  a  physician,  dentist,  or
   47  podiatrist who has not completed such course work or training.  A HOSPI-
   48  TAL  OR  FACILITY SHALL NOT KNOWINGLY GRANT OR RENEW PROFESSIONAL PRIVI-
   49  LEGES OR ASSOCIATION TO ANYONE  REQUIRED  TO  COMPLETE  COURSE  WORK  OR
   50  TRAINING  UNLESS  SAID PERSON HAS ATTESTED TO HAVING TAKEN SUCH REQUIRED
   51  COURSE WORK OR TRAINING.
   52    5. PRIOR TO HIRING OR OTHERWISE GRANTING  PRIVILEGES  TO  A  PHYSICIAN
   53  ASSISTANT,  REGISTERED NURSE, LICENSED PRACTICAL NURSE OR OPTOMETRIST OR
   54  A HOSPITAL OR FACILITY APPROVED PURSUANT TO THIS ARTICLE  SHALL  REQUEST
   55  FROM  SUCH  PERSON DOCUMENTATION THAT HE OR SHE HAS COMPLETED THE COURSE
   56  WORK OR TRAINING AS MANDATED BY SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE
       S. 954                              3
    1  EDUCATION LAW. A HOSPITAL OR FACILITY SHALL NOT HIRE OR OTHERWISE  GRANT
    2  PRIVILEGES  TO A PHYSICIAN ASSISTANT, REGISTERED NURSE, LICENSED PRACTI-
    3  CAL NURSE OR OPTOMETRIST WHO HAS  NOT  COMPLETED  SUCH  COURSE  WORK  OR
    4  TRAINING.
    5    S 3.  This act shall take effect immediately.