S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8843

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 11, 2009
                               ___________

Introduced by M. of A. CRESPO -- 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; and making an appropriation there-
  for

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6505-d
to read as follows:
  S  6505-D.  COURSE  WORK  OR TRAINING IN CULTURAL AWARENESS AND COMPE-
TENCE. 1. EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT,  DENTIST,  REGISTERED
NURSE,  LICENSED  PRACTICAL  NURSE,  PODIATRIST,  OPTOMETRIST AND DENTAL
HYGIENIST PRACTICING IN THE STATE SHALL, ON OR BEFORE  JULY  FIRST,  TWO
THOUSAND  NINE  AND  EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK OR
TRAINING APPROPRIATE TO THE  PROFESSIONAL'S  PRACTICE  APPROVED  BY  THE
DEPARTMENT  REGARDING  CULTURAL AWARENESS AND COMPETENCE IN THE NON-DIS-
CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
STANDARDS PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH  THE
DEPARTMENT  OF  HEALTH. THE DEPARTMENT SHALL ALSO CONSULT WITH ORGANIZA-
TIONS REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH  EXPER-
TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY
STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
  2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO  THOUSAND  NINE  THAT  THE PROFESSIONAL HAS COMPLETED COURSE WORK OR
TRAINING IN ACCORDANCE WITH THIS  SECTION,  PROVIDED,  HOWEVER,  THAT  A
PROFESSIONAL  SUBJECT  TO THE PROVISIONS OF PARAGRAPH (F) OF SUBDIVISION
ONE OF SECTION TWENTY-EIGHT HUNDRED FIVE-K  OF  THE  PUBLIC  HEALTH  LAW
SHALL NOT BE REQUIRED TO SO DOCUMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04830-01-9
              

A. 8843                             2

  3.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I)  CLEARLY  DEMONSTRATES
TO  THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
HIS  OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
  S 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
health law, as amended by chapter 477 of the laws of 2008, is amended to
read as follows:
  (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
completed the course work or training as mandated by section two hundred
thirty-nine of this chapter or section six thousand five hundred  five-b
of  the education law OR SECTION SIX THOUSAND FIVE HUNDRED FIVE-D OF THE
EDUCATION LAW.  A hospital or facility shall not grant or renew  profes-
sional  privileges or association to a physician, dentist, or podiatrist
who has not completed such course work or training.
  S 3. Section 206 of the public health law is amended by adding  a  new
subdivision 26 to read as follows:
  26.  THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND IMPLE-
MENT A STATEWIDE, COMMUNITY-BASED PUBLIC  HEALTH  EDUCATION  PROGRAM  TO
REDUCE  THE  ROOT  CAUSES  OF  DISPARITIES IN MINORITY HEALTH CARE. SUCH
EDUCATION PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS,  PATIENTS
AND  PATIENT  ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT MAY CONSULT
WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
PROGRAM. THE COMMISSIONER SHALL ADMINISTER ANY STATE FUNDS  APPROPRIATED
FOR SUCH HEALTH EDUCATION PROGRAM.
  S  4.  The  sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
health out of any moneys in the state treasury in the  general  fund  to
the  credit  of  the state purposes account, not otherwise appropriated,
and made immediately available, for such purpose  of  carrying  out  the
provisions of section three of this act. Such moneys shall be payable on
the  audit  and  warrant  of  the  comptroller  on vouchers certified or
approved by the commissioner of health, or his or  her  duly  designated
representative  in the manner prescribed by law. No expenditure shall be
made from this appropriation until a certificate of approval  of  avail-
ability  shall  have been issued by the director of the budget and filed
with the state comptroller and a copy filed with  the  chairman  of  the
senate finance committee and the chairman of the assembly ways and means
committee.  Such  certificate  may  be  amended from time to time by the
director of the budget and a copy of each such amendment shall be  filed
with the state comptroller, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee.
  S 5. This act shall take effect immediately.