Bill Text: NY S04931 | 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 1-0)

Status: (Introduced - Dead) 2017-03-03 - REFERRED TO FINANCE [S04931 Detail]

Download: New_York-2017-S04931-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4931
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
        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; and making an appropriation  there-
          for
          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 nineteen 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 nineteen that the professional has completed course work or
    19  training in accordance with this  section,  provided,  however,  that  a
    20  professional  subject  to the provisions of paragraph (f) of subdivision
    21  one of section twenty-eight hundred five-k  of  the  public  health  law
    22  shall not be required to so document.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07131-01-7
        S. 4931                             2
     1    3.  The department shall provide an exemption from this requirement to
     2  anyone who requests such an exemption and who (i)  clearly  demonstrates
     3  to  the department's satisfaction that there would be no need for him or
     4  her to complete such course work or training because of  the  nature  of
     5  his  or her practice or (ii) that he or she has completed course work or
     6  training deemed by the department to be equivalent to the course work or
     7  training approved by the department pursuant to this section.
     8    § 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
     9  health law, as amended by chapter 477 of the laws of 2008, is amended to
    10  read as follows:
    11    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
    12  completed the course work or training as mandated by section two hundred
    13  thirty-nine of this chapter or section six thousand five hundred  five-b
    14  of  the education law or section six thousand five hundred five-d of the
    15  education law.  A hospital or facility shall not grant or renew  profes-
    16  sional  privileges or association to a physician, dentist, or podiatrist
    17  who has not completed such course work or training.
    18    § 3. Section 206 of the public health law is amended by adding  a  new
    19  subdivision 31 to read as follows:
    20    31.  The commissioner is authorized and directed to develop and imple-
    21  ment a statewide, community-based public  health  education  program  to
    22  reduce  the  root  causes  of  disparities in minority health care. Such
    23  education program shall be aimed at health care professionals,  patients
    24  and  patient  advocates. The commissioner and the department may consult
    25  with the appropriate professionals in developing and implementing such a
    26  program. The commissioner shall administer any state funds  appropriated
    27  for such health education program.
    28    §  4.  The  sum of one hundred thousand dollars ($100,000), or so much
    29  thereof as may be necessary, is hereby appropriated to the department of
    30  health out of any moneys in the state treasury in the  general  fund  to
    31  the  credit  of  the state purposes account, not otherwise appropriated,
    32  and made immediately available, for such purpose  of  carrying  out  the
    33  provisions of section three of this act. Such moneys shall be payable on
    34  the  audit  and  warrant  of  the  comptroller  on vouchers certified or
    35  approved by the commissioner of health, or his or  her  duly  designated
    36  representative  in the manner prescribed by law. No expenditure shall be
    37  made from this appropriation until a certificate of approval  of  avail-
    38  ability  shall  have been issued by the director of the budget and filed
    39  with the state comptroller and a copy filed with  the  chairman  of  the
    40  senate finance committee and the chairman of the assembly ways and means
    41  committee.  Such  certificate  may  be  amended from time to time by the
    42  director of the budget and a copy of each such amendment shall be  filed
    43  with the state comptroller, the chairman of the senate finance committee
    44  and the chairman of the assembly ways and means committee.
    45    § 5. This act shall take effect immediately.